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Tipped Employee Demanded To Repay It? (PA)

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S

sianyde

Guest
Recently a waitress in my company served a very large business crowd for lunch. The member who paid the bill paid via credit card and left $45 in the gratuity section. From what I understand, the party was upset about the quality of what was served to them and after 30 minutes returned and demanded the $45 be given back to the person who paid the bill. Can this happen? Isn't that tip a wage? (PA employers can take a tip credit)
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sianyde:
Recently a waitress in my company served a very large business crowd for lunch. The member who paid the bill paid via credit card and left $45 in the gratuity section. From what I understand, the party was upset about the quality of what was served to them and after 30 minutes returned and demanded the $45 be given back to the person who paid the bill. Can this happen? Isn't that tip a wage? (PA employers can take a tip credit)<HR></BLOCKQUOTE>


My response:

The tip is for the service, not the quality of the food. A tip is also a gift of thanks (a "gratuity") and once a gift is given (with the exception of a gift given in contemplation of marriage), that's it, it's over - - it belongs to the waitress. Now, if the credit payment is stopped, and the waitress' gift is taken back, then the waitress has a good lawsuit against the customer.

IAAL


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