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Am I resposible for a walkout?

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N

Nat

Guest
I work in a restaurant in GA. When a guest walks out on a bill, I was told that it would only be covered once. After that I am supposed to cover it. This does not sound right. I understand that many restaurants expect the server to cover "walkouts", but if it is not the server's fault, why should they be responsible? My argument is: If I'm standing at a cash register, and someone grabs money from it and runs off, I am not expected to put the money back in the register. So why is it any different if I am serving a guest and they run out without paying the bill?

[This message has been edited by Nat (edited March 14, 2000).]
 


E

Ex HR Guy

Guest
Is there any state law on the books that says this is illegal? Any union agreement that says it can't be done? If not, that's another term and condition of employment.
 
N

Nat

Guest
This is a common problem in the restaurant I work, because of the way the building is set up. It would be nice to know if there is anything that can back me up if I refuse to pay a walkout.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nat:
I work in a restaurant in GA. When a guest walks out on a bill, I was told that it would only be covered once. After that I am supposed to cover it. This does not sound right. I understand that many restaurants expect the server to cover "walkouts", but if it is not the server's fault, why should they be responsible? My argument is: If I'm standing at a cash register, and someone grabs money from it and runs off, I am not expected to put the money back in the register. So why is it any different if I am serving a guest and they run out without paying the bill?

[This message has been edited by Nat (edited March 14, 2000).]
<HR></BLOCKQUOTE>

My response:

Charging an Employee for Making Mistakes: Many employers want to know whether or not they can deduct costs of damages of employee mistakes from an employee's paycheck. Generally, no. Most states do not allow unilateral deductions from an employee's paycheck for anything but gross negligence or a patently illegal act (and even then, one has to be very careful). "Gross negligence" is difficult to define, so I'd stay clear of that. As for deductions due to illegal acts, well...if you catch an employee with his hand in the till, it's doubtful that he'd come after you for deducting the loss from his final paycheck (although I've seen it happen).

For specifics in your State, contact your local Unemployment Office.

IAAL




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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
N

Nat

Guest
You didn't exactly answer my question. What I want to know is this: I am an employee of a restaurant(in GA). If a guest walks out without paying, and I was serving the table, the restaurant expects me to cover the bill. This can't be right. The guest that walked out on the bill is basically stealing from the restaurant. Why should I be expected to cover this bill? I refused to pay once before and they let it slide, but they said next time I would have to cover it if this happens again. I know they can't take it out of my paycheck, but can they force me to pay someone elses unpaid bill?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

Charging an Employee for Making Mistakes: Many employers want to know whether or not they can deduct costs of damages of employee mistakes from an employee's paycheck. Generally, no. Most states do not allow unilateral deductions from an employee's paycheck for anything but gross negligence or a patently illegal act (and even then, one has to be very careful). "Gross negligence" is difficult to define, so I'd stay clear of that. As for deductions due to illegal acts, well...if you catch an employee with his hand in the till, it's doubtful that he'd come after you for deducting the loss from his final paycheck (although I've seen it happen).

For specifics in your State, contact your local Unemployment Office.

IAAL


<HR></BLOCKQUOTE>

 
N

Nat

Guest
Walkouts are an occasional problem at the restaurant that I work in and I still don't understand if my employer can make me pay the bill if a guest walks out on it. Am I responsible? Do you know where I can get more information about this?
 

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