Dine and Dash

[R3search]

We don't even need the money. she only works there for something to do, for me its about right and wrong and how can they get away with this.

 

[R3search]

I'm going to my apologies for not getting to it yet, I was talking to her to find out if she signed any kind of liability form? which she is going to get a copy of everything signed. if she didn't is the restaurant liable in any way for not explaining she don't have to pay?

 

[R3search]

or is it considered a black mail if the around the way said if you don't you'll lose your job. I'm starting to think its more a strong arm for store numbers now that I've gotten information.

 

[R3search]

a scare tactic so to speak

 

[Shadowbunny]

Please read the article. It answers your questions quite nicely.

 

[R3search]

that article is exactly the answer again my apologies again for not looking earlier. just some clarification, the only way to justify the paying of a dash is to deduct that amount from that days wages including tip and if that does not surpass the states minimum wage per hour they are at fault for making us pay?

 

[R3search]

nevermind I read it again

 

[Shadowbunny]

I suggest printing that out and your wife can bring it to her employer. If she wants to keep her job, I suggest she approach them in a "gosh, you probably didn't realize this" rather than a "you dirty, rotten scoundrels how dare you do me this way" manner.

 

[justalayman]

That article only addresses the legality of deducting the money from the employees pay. If the employer makes a demand for the money or sues for it, the deduction and minimum wage issue doesn’t apply.

In other words; if the employer says; you owe me [$ XX] due to that walk out, your wife has the option of paying or telling them no. If she says no, if the employer believes he has the right to demand the money he can file suit (it seems quite silly unless the loss was a very big bill but people have sued for nearly nothing before). Regardless, unless Texas law precludes an employer from demanding the money, they can fire your wife without fear of reprisal. It would be within their rights to fire her if she doesn’t pay.

 

[LdiJ]

Believe it or not the couple who "dashed" may not have even realized that they did so. If your wife was so busy with the party of 12, that she left the other customers alone for a long period of time, they might not realize that they hadn't paid the bill. They also might have gotten up hoping that it would actually get your wife's attention and then weren't stopped leaving so they just left.

Having waited tables and having also owned a restaurant I can tell you that somebody doesn't get away with dashing unless they are left to their own devices for too long. That can be management's fault for not having enough servers on staff, or it can be the server's fault for neglecting tables.

 

[xylene]

Who is we? You and your wife work together and you were both docked pay?

 

[justalayman]

Believe it or not the couple who "dashed" may not have even realized that they did so. If your wife was so busy with the party of 12, that she left the other customers alone for a long period of time, they might not realize that they hadn't paid the bill. They also might have gotten up hoping that it would actually get your wife's attention and then weren't stopped leaving so they just left.

Having waited tables and having also owned a restaurant I can tell you that somebody doesn't get away with dashing unless they are left to their own devices for too long. That can be management's fault for not having enough servers on staff, or it can be the server's fault for neglecting tables.

While such ignorance of a customer can sometimes be spun into negligence on the part of the server which can actually allow the business to make a legal claim of negligence against the server and seek recompense from the server, I do not agree the patron has a reasonable argument that they may not know they did or didn’t pay. Not only is it unreasonable to argue they simply forgot whether they paid or not, common sense would demand they check into the matter if they somehow weren’t certain whether they paid or not. The only time I can see this as an arguable point is if the patrons are drunk. That doesn’t make th theft ok though.

As to getting up hoping it would gain the attention of the server after which they could pay: that works until they walked out the door if the server didn’t notice them.

I’ve been to restaurants where the server didn’t give me a bill for whatever reason. I’ve gotten up hoping it would garner the attention of the server. When it diddnt I stopped st the front counter or podium and said:

I would like to leave but the server never gave me a bill. Could you get that for me so I can pay and leave. They retrieved the bill. I paid. I left. Never once did I think that if they didn’t stop me it was ok to keep walking.

 

[quincy]

It would be the very rare customer who didn't know if they paid for their meal. Theft is theft. If you walk out without paying, you are a thief. It is not the server's fault.

R3search, if your wife is the victim of the theft (and she is if her paycheck is docked), she can report the theft to the police - even if the restaurant won't. She can provide a description of the diners in her report.

Nothing is likely to come of her report, unless these diners are known to have done this in the past, and her employer might not be pleased (which could get her fired), but a police report is an option.

 

[cbg]

Also, while I don't think Q is implying otherwise, just for clarity I want to make sure the OP understands the police will take no notice of an improper pay docking, even if it is related to the theft of services. For that you...or rather, your wife - you have no standing to take any action...would need to contact the TWC. Which may or may not decide to address the issue.

 

[LdiJ]

While such ignorance of a customer can sometimes be spun into negligence on the part of the server which can actually allow the business to make a legal claim of negligence against the server and seek recompense from the server, I do not agree the patron has a reasonable argument that they may not know they did or didn’t pay. Not only is it unreasonable to argue they simply forgot whether they paid or not, common sense would demand they check into the matter if they somehow weren’t certain whether they paid or not. The only time I can see this as an arguable point is if the patrons are drunk. That doesn’t make th theft ok though.

As to getting up hoping it would gain the attention of the server after which they could pay: that works until they walked out the door if the server didn’t notice them.

I’ve been to restaurants where the server didn’t give me a bill for whatever reason. I’ve gotten up hoping it would garner the attention of the server. When it diddnt I stopped st the front counter or podium and said:

I would like to leave but the server never gave me a bill. Could you get that for me so I can pay and leave. They retrieved the bill. I paid. I left. Never once did I think that if they didn’t stop me it was ok to keep walking.

I understand the points you are making, but I disagree on the issue that someone must be drunk to not realize that they haven't paid. They can also be so engrossed in conversation or each other.

Yes, the right thing to do if you stand up to try to get someone's attention is to go to the counter to pay, but that doesn't mean that management or the server isn't at least partially to blame for the fact that the customer was neglected enough to get away with walking out.