So two weeks ago a customer tipped me $300 and some change on the card. I did not cash them out. I was instructed to wait two weeks and after that I could spend it. So I did, and when time came I spent it. The man came in yesterday on the 2nd and wanted his money back – they refunded his check and everything. But now they are asking me to pay the company back in payments for the $300 and saying that since the card reader glitched I am obligated to pay them back. I am assuming that I would be fired otherwise and I am in a right to work state. What should I do? I love my job and don’t want to lose it but I can’t afford the $300 payments right now.
location: east tennessee.
Comments
If the restaurant had to pay back the tip, you have to pay back the tip. Not sure why you are trying to figure out what to do?
Tell them you spent the money already as you were instructed to wait two weeks which you did. Then tell them you can do payments but give them a low number of like $5 a month. Otherwise try to get the $300 back? I am assuming it went towards bills or something that you can’t refund.
Legally, a received tip is solely owned by the employee (not the restaurant) and therefore there is no law requiring you to reimburse. However, the restaurant might have a policy on this matter and they might loose your job.
In your case, the restaurant should write off the loss but is it worth loosing your job?
Call a lawyer and get a free consult. The restaurant itself gave you the time frame that you followed. You weren’t the cause of the card reader bug. They are the ones that chose to give the man his refund which two weeks later is crazy of them to do because 1. Man are the food 2. Man digested the food fully 3. Man liked it enough to leave $300 as a tip 4. Man waited two weeks before deciding he wanted a refund? And im not sure it would be legal to fire you if you refuse.
He came in over two weeks later and wanted his entire bill refunded and they DID it?!? How exactly does that happen?
It’s legal for them to ask. As per Tennessee law, if they intend to deduct the money from your wages, they need your written consent first. You can refuse. They could fire you. If they do, you’d likely qualify for unemployment.
If you love your job, the best way forward is to try to negotiate this repayment down to something you both can live with and then make smaller payments over time.
Out of curiosity, what was the customer’s total bill? Was $300 a reasonable amount to be tipped for that order?
Also, “right to work” is related to unions. What you mean is “at will.” That is the phrase that refers to most US employment where either side is free to end the relationship at any time for any reason or no reason at all.
There’s something fishy about the customer, if this story is true, and frankly something fishy about the restaurant if the story is true.
You have to pay it back. The restaurant should allow you to break out up into several checks
Question, do you have a signed cc receipt or was it all digital?
What was the amount of the check that he tipped 300 on?
Ask the IRS to take a look at this.