why is this legal?

Question

I am a 20 yr old server for a sports bar. Occasionally we will have a table "dine and dash" or leave without paying their bill. As a server, I am required to pay for their meal. How is this remotely appropriate? Shouldnt the restaurant carry insurance of some sort for walk-outs? Also, when a table walks out and they have alcohol on their bill, is it still legal to make me buy it? even though i'm not 21? Why am I punished for someone else?

Answer 1

I think you should go inquire with your state's labor department as the first poster said, and find out if it's legal or not in your state.

If you find out it's illegal, it would O.K. to make a complaint with the company's headquarters (if they have one). Tell them if the state said it was illegal. It would give you more power in making a complaint with the state labor department if you at least make an attempt to "follow the chain of command", in this case, obviously it would be over your manager's head.

If you find out it is illegal, and make a complaint, they can't fire your or make your job more difficult. If they do, document it and take it to the state's labor department.

The sports bar can write it off their taxes as shrinkage. It's a form of shoplifting. I don't believe that most employers make their employees pay for shoplifting incidents like this.

I don't believe that as a server you are expected to go above and beyond in confronting non-paying customers, especially ones that are under the influence of alcohol.

And as a server, you have other duties that can truly prevent you from even being able to confront them if you wanted to. You could not reasonably leave in the middle of serving one set of customers to confront a different set of customers, especially ones who have been drinking.

I am pretty sure it's illegal, but I can't find anything on the national level and I don't know what state you are in, so call your state's department of labor and ask about it.

by the way, any court-ordered deductions they take from your pay check would have to come after taxes. The tax burden comes before any other, otherwise it's a form of tax evasion.

***Call the state's labor department and find out if it's illegal. If it is, document each time that this happens. Find a new job, leave with good standing, and then write the company's headquarters. If it's illegal, the company owes you for back pay. If they won't deal with you, then file a complaint with the state's labor department.

Answer 2

This definitely sounds like they are taking advantage of their employees but I have heard of it before in restaurants. When I worked for a gas station and we had drive offs, filling up and driving away, we did not have to pay. I would call a lawyer, some will give free consultations. Also, sometimes the person answering the phone can tell you exactly who to call to find out. You could also call your state police station and ask someone if it is legal to have you pay for alcohol when you are underage. If it were me, I would also look for another job. Either way this one doesn't look so great. Once you complain, management may not be very pleased with you and if you do nothing you are stuck paying whenever someone stiffs you on the bill.

Answer 3

You should be an attorney.

By making you pay for the alcohol...technically you are correct...they have let you pay for drinks...which they cannot do.

Technically, the practice that you have described is extremely common in the server industry, but it is 100% ILLEGAL.

Here is why restaurants get away with it:

I would wager that you "keep your own bank"...where you take the money for the full night's meals, and then turn it in at the end of the shift, right?

The reason restaurants engage in that practice...is they can always claim that since you are essentially your own cashier, you are responsible for turning in the correct amount owed at the end of the shift, and your tips and cash are kept together....they can always say you made a cash error, etc.

Answer 4

It happens all the time. And it's not legal. I worked a sports bar in ottawa on elgin street during the sens games, and the resturant was at mazimum capacity, with no room to move. It took two games for us to realize that in order to save our rent, we have to ask customers for an id or credit card as an insurance. If later at night you get a group of people you don't think you can trust, jokingly and politely ask one of them for an id for you to keep and explain the reason why. That way if they dash, you can have the cops track em down. Again, it's definately not legal, its stealing. Resturants feel its the servers responsibility to keep an eye on their tables, which is of course impossible to do at all times. They just fon't want to be stuck with the bill. Good luck!

Answer 5

You are not buying the alcohol for consumption by you or anyone else. It was already consumed. Therefore, the law does not prohibit that. HOWEVER...it is wrong that you should have to cover any dine n' dash problems that your restaurant seems to be having. If I were you, rather than worrying about this any longer...find another job!

Answer 6

I would imagine that its part of your responsibilities to keep an eye on your customers, so if you fail at that responsibility i would imagine its entirely legal for an employer to deduct from your wages accordingly (though somewhat immoral in my opinion)

As for the alcohol im not sure, it would depend on how the law views who is paying it. If you are given your wages and then have to give some back to cover the cost then you would be paying it. But if it was deducted from your wages BEFORE they were even given to you then it would be as if your boss had payed the bill but punished you for your mistakes.

So long as you're still earning about the minimum wage though im pretty sure that its entirely legal for them to do so. My advice would be to quit and get a better job if its a regular occurance.

Answer 7

That is not legal anywhere that I am aware of. You should speak to someone in the department of labor in your state.