This is for the state of Indiana
2007-12-27 07:43:58 · 31 answers · asked by judithdh1 2 in Politics & Government ➔ Law & Ethics
I would file a complaint against her employer. I would also contact the media and identify that employer publicly.
It takes a great deal of effort and time and money to build up a restaurant and very little negative publicity to take it down.
I recommend that she give that employer as much negative publicity as she can give them.
2007-12-27 07:50:45 · answer #1 · answered by Anonymous · 4⤊ 4⤋
No! he cannot that is not ur daughter's fault that the patrons stiffed him out of $75.00 not unless ur daughter did not give them a bill is there more to this than u-r- telling or is there some type of law in the state of Indiana,that he can do this because I know that would not fly in the state of New Jersey,for sure so what is the real deal here.
Because there is no way in hell!my boss would make me pay it back for something I had no control over n if he/she fired me because of it than we would be seeing each other in civil court but every state varies as well as long as this is the straight scoop u-r- telling in regard to ur daughter.
2007-12-27 07:52:40 · answer #2 · answered by Dark Shadows 3 · 3⤊ 2⤋
No. He gets the profits--he gets the losses, too.
Confronting a boss in this situation is tricky. She could well lose her job, but not without ramifications for him.
He can be sued for back pay front pay, and a host of other things for wrongful termination. And this termination is wrongful since she was just trying to assert her rights.
She can also report him to the state Human Rights Commission, and then to the press. By the time she gets done, he'll regret it.
Oh, and don't forget the IRS. Restaurants are notorious for cheating the waitresses and the IRS. They are allowed to pay waitresses less than minimum on the theory they make it up in tips. If that isn't happening then the state workforce commission should come in and make him pay minimum. Or, the IRS has a formula to determine if he's reporting income correctly. The owner doesn't want that kind of focus.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-27 07:52:59 · answer #3 · answered by scottclear 6 · 3⤊ 3⤋
My friend worked as a waitress and she had the same thing happen. But the bill was 50 something. The boss called the police and didn't make her pay. I would have to call the local police and ask if that was right or not..it could be diff. from NY to Indiana...?
2007-12-27 07:47:37 · answer #4 · answered by ? 4 · 11⤊ 1⤋
I don't know about Indiana, but I'm from West Virginia and he definately could not get by with that here. She needs to tell him she knows he can't make her pay the bill and if she already has paid him tell him she wants her money back or else she is going to call a lawyer. Is there something in her employment papers that states she has to pay for patrons that don't pay their bill?
2007-12-27 07:52:43 · answer #5 · answered by The Crimson King 2 · 3⤊ 2⤋
Did she sign an agreement or something when she got hired? That would be the only way he could make her pay. Tell her to tell him shes getting a lawyer and find another job. If he has a boss make sure he finds out.
2007-12-27 07:53:51 · answer #6 · answered by grniz2cu 2 · 0⤊ 1⤋
Actually, hate to tell you this but yes, legally, he can take it from her pay. It is one of the downfalls of waitstaff positions. You are responsible for all your tables....
the reason for this is, if you aren't held responsible for ensuring the money gets to the register, then who is to say a waiter/waitress is paid cash for a bill, then sticks it in his or her pocket and blames the patron for walking out....basically stealing from both the restaurant and the patron.
2007-12-27 07:55:58 · answer #7 · answered by allrightythen 7 · 3⤊ 1⤋
You may wish to contact the Indiana Department of Employment Services and ask them directly.
Most states prohibit an employer from charging employees for breakage and "walkouts."
There should be an agency representative listed locally in your area.
2007-12-27 08:01:55 · answer #8 · answered by KC V ™ 7 · 1⤊ 1⤋
He sure can. Most places advise the waitresses that someone that skips on a tab at one of their tables becomes the waitress's responsibility.
Part of the job. She needed to be more diligent.
2007-12-27 07:57:35 · answer #9 · answered by Anonymous · 2⤊ 1⤋
In my state it is illegal all of the way period.
She could take issue w. it and maybe get her cash back. But later he could give her bad sections or a bad schedule forcing her out.
If it is a corporate restaurant she needs to speak w. some higher ups. If privately owned there is only one way to go...... you or her make a threat that you will certainly engage the police, a lawyer, the IRS and whoever. But still even if he concedes he can still mess her up later.
Best to speak to a lawyer. One phone call from him/her could make her basically unfireable and sueable if he even looks in her direction.
2007-12-27 08:52:10 · answer #10 · answered by jackson 7 · 0⤊ 2⤋
Yes, This is actually a very common practice in restaurants.
This is suppose to stop waitresses from letting their friends walkout on a bill.
2007-12-27 07:55:13 · answer #11 · answered by kanoa k 5 · 2⤊ 1⤋