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Maria323 · Jul 11, 2008, 12:49 PM

Hello everybody,
I work as a waitress in a restaurant, where gratuity is included. Recently I got into trouble when one of my customers called the restaurant asking for his extra tip 100 $ back (after 3 months!! ). Because he gave me the extra tip on his company's credit card, the company refused to pay for it. I'd like to know if the restaurant has to refund the extra tip to the customer, or they don't have to do so, because once the customer has signed the credit card receipt, it's a valid contract? The second question concerns me, since the restaurant is asking me to give the money back. Do my employer has the right to ask me for the extra tip, after it had been taxed? Or if the restaurant decide to reimburse the customer, is it out of their pocket? The restaurant is in Florida.

ScottGem · Jul 11, 2008, 12:55 PM

Frankly I don't think the restaurant HAS to give back the money. This was not something they charged the customer for, he volunteered it. That being said, I suspect the restaurant wants it back to appease the customer since it won't cost them anything since they want you to give it back.

Legally I don't think they have a leg to stand on. However, if you refuse it could affect your job.

As for the taxes, you can take the income off your next tax return.

smearcase · Jul 11, 2008, 02:54 PM

Scott has it right as rain. Welcome to Politics 101. They don't want to lose a corporate customer and you prob can't afford to lose your job.
But we all know it is the restaurant's problem. They processed the credit card and they had to have given you the $ 100, which I assume is standard practice. You will have to chalk it up to experience.

Maria323 · Jul 14, 2008, 03:58 PM

[QUOTE=ScottGem]
Legally I don't think they have a leg to stand on. However, if you refuse it could affect your job.

/QUOTE]

Thank you for your answer. How could it affect my job? If I refuse to pay the money, and they fire me, it would be too obvious, that would be retaliation, right?

ScottGem · Jul 14, 2008, 07:31 PM

True, but there are plenty of ways they can make things uncomfortable for you.

Fr_Chuck · Jul 14, 2008, 07:43 PM

Well first it agreed to pay it, it is not anyone's fault the company would ot pay for it, That is between him and his company. If he disputed it within the proper time of getting the credit card bill, the credit card company can change the business back if they agree with him.

I don't believe you will have to give it back but then they may find a lot of other reasons to fire you also.