Dine and Dash

[HRZ]

I cannot get phone to link it ...but found it at TX 61.018 with numerous references to same

 

[quincy]

I cannot get phone to link it ...but found it at TX 61.018 with numerous references to same

Thanks. I located the law you were referring to previously and provided a link (as did justalayman).

The wife should review what she signed when she was hired by restaurant.

 

[not2cleverRed]

Back to the question posed....I'm not so sure that the Texas payday law would permit employer to dock pay or tip pool absent prior written acknowledgement of such a policy if that is what OP is questioning...even if the dock did not take pay below minimum wage.

Thanks. I located the law you were referring to previously and provided a link (as did justalayman).

The wife should review what she signed when she was hired by restaurant.

And even then, it might not exactly be considered "voluntary", especially if this situation is viewed as misappropriation.

 

[HRZ]

The 5th circuit decision addresses money not stuff like food and some of the commentary clearly cross references that in TX that the payday law also applies.

We don't know what if anything ops spouse signed nor if employer docked her pay/tips or merely jawboned server to pay

 

[not2cleverRed]

The 5th circuit decision addresses money not stuff like food and some of the commentary clearly cross references that in TX that the payday law also applies.

We don't know what if anything ops spouse signed nor if employer docked her pay/tips or merely jawboned server to pay

The issue OP's wife has is that the till is short. She happens to know that the till is short because certain customers did not pay. The issue is not food. After all, the same thing could happen at a the hairdressers - a customer could dash away without paying, and if the owner tried the same thing on one of the employees, we wouldn't say that it is about the dye or whatever products were used on the hair. The raw products used in a meal are far less than the cost of a meal, otherwise rent, utilities, salaries, advertising, etc. would never be paid. OP's wife is not being asked to restock the pantry, she is being asked to pay for her customer's meal at the cost listed on the menu.

The employer expects to take the difference out of her pay. Whether or not she signed something, if it was a condition of employment, then it is not "voluntary". It is only "voluntary" if not doing it is an option.

I think that we can agree that OP's wife should file a police report if her employer is unwilling to do so.

 

[quincy]

I think filing a police report with a description of the diners who dashed is a good first step to take.