Dine and Dash

[R3search]

My wife is a waitress, today she had a party of 12 and other tables, during that time two persons dashed without paying. The establishment took no effort to pursue the dashers but made my wife pay for there food, more importantly made us pay for there food. there has to be some kind of consequence to the ones that skipped check or the establishment for taking no effort to report this crime. It cant be as clean cut as anyone that wants to can just steal food and nothing is done, then to put that responsibility the waiter\waitress to foot the bill. Someone has to be at fault, the ones who dashed or the restaurant doing nothing about it but making the waitress that not only lost income but then was made to pay out.

 

[Shadowbunny]

My wife is a waitress, today she had a party of 12 and other tables, during that time two persons dashed without paying. The establishment took no effort to pursue the dashers but made my wife pay for there food, more importantly made us pay for there food. there has to be some kind of consequence to the ones that skipped check or the establishment for taking no effort to report this crime. It cant be as clean cut as anyone that wants to can just steal food and nothing is done, then to put that responsibility the waiter\waitress to foot the bill. Someone has to be at fault, the ones who dashed or the restaurant doing nothing about it but making the waitress that not only lost income but then was made to pay out.

I'm sorry, this forum is for US Law only.

 

[justalayman]

And the state involved is what? It really does make a difference. That’s why people are asked to include the name of the involved state.

 

[R3search]

ok im in the united states I pay taxes, but more importantly am I missing something.

 

[Zigner]

ok im in the united states I pay taxes, but more importantly am I missing something.

What US state???

 

[R3search]

Texas, I really want to know if theres no consequence

 

[R3search]

this is nott right on either part , that of the dashers or that of the restaurant.

 

[R3search]

the wiki states its not a crime but its theft from us since the restaurant made us pay, so if they don't pursue can I? or if we pay for said meals are not the restaurant held to give us the food I never got any food but payed for it.

 

[Shadowbunny]

Thank you for providing your state, R3search.

And like any other crime, consequences can only be applied if/when the criminals are caught. Your bigger question, I assume, is whether the employer can make your wife pay. And the answer to that is "maybe." This article goes into detail about when an employer can and can't deduct after a "dine and dash." https://www.consumerreports.org/consumerist/after-a-dine-and-dash-is-it-legal-for-a-restaurant-to-take-money-from-a-waiters-tips/

ETA: best not to rely on Wikipedia for legal advice. What the diners did is indeed a crime; the problem is catching them.

 

[R3search]

agreed but if the resturant is not going to file theft they are just making us pay we are getting the consequence of others and that's not right. so can I hold the restaurant liable for them holding us liable for someone else dashing.

 

[R3search]

as it is right now someone stole from the restaurant and they let them but instead of trying to find out who or get them to pay they are making us pay, the employ making money for the restaurant. besides my bad grammar read that and tell me any part that makes since, more importantly that's right in a morale sence, not even saying fa, its about right and wrong and that's 2 wrongs and nothing right.

 

[justalayman]

the wiki states its not a crime but its theft from us since the restaurant made us pay, so if they don't pursue can I? or if we pay for said meals are not the restaurant held to give us the food I never got any food but payed for it.

It is absolutely a crime. Theft of services. Depending on the amount it is generally a misdemeanor but if the meal was expensive enough it could be a felony.

 

[R3search]

thank you I knew there had to be some justice set up for this, now what do we do?

 

[justalayman]

They can’t withhold anything from her wages she doesn’t allow


In at least one other state it is expressly forbidden by law to hold the waitstaff liable. I can’t find anything either way in Texas.

She can refuse to pay. If the restaurant wants to sue your wife they can but I suspect the restaurant wouldn’t win (only my speculation. Not a dependable answer)

Of course there is nothing preventing the restaurant from firing your wife as Texas is an employment at willl state and they don’t need a reason to fire her.

 

[Shadowbunny]

R3, did you read the article that I provided?