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NC waitress had to pay a check that someone walked out on North Carolina

On Lawyer & Legal » Employment & Labor Law

2,128 words with 7 Comments; publish: Sat, 26 Jan 2008 16:57:00 GMT; (800125.00, « »)

Hi, I am a waitress, today I had a table of 2 girls. They were done with their food and I gave them their check I was really busy at the time. They said "don't think we are going to walk out we are just going to the bathroom" I said Okay thats fine. So like 5 minutes after they went to the bathroom I realize they never came back I looked for them and they were gone. I told my manager what happened and she insisited that it was my responsiablity to pay their check because I didn't watch them close enough, I was the only one on and we were busy. Is it legal in the state of NC for just an employee to have to pay for someones bill if they walk out? I would like to know because I don't want to have to pay someones check if Im not legally binded to. Thanks a lot Michelle

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  • 7 Comments
    • they wanted me to pay it cash out of my tips. I said Im not until I find out the laws about it.
      #1; Sun, 27 Jan 2008 16:28:00 GMT
    • Retention of Tips is only an issue if the employer is taking advantage of the tip credit against min wage.

      Even in states where that type of deduction is illegal, it's still a common practice to "blackmail" the server in order to keep their job.

      #2; Sun, 27 Jan 2008 21:42:00 GMT
    • Well, it also says that "tips are the sole property of the employee".

      In any case, that's why I suggested the OP call the state Dept. of Labor.

      #3; Mon, 28 Jan 2008 04:03:00 GMT
    • Nope. See Retention of Tips here. I'd also give the state Dept of Labor a call. There are some states where pressure to pay something in cash that can't legally be deducted from a paycheck, are basically treated the same.

      http://www.dol.gov/esa/regs/compliance/whd/whdfs15.pdf

      #4; Sun, 27 Jan 2008 16:58:00 GMT
    • Thank you for your information. I didn't think it sounded to legal and that is why I refused to pay it. I'll let all the other waitress where I work know the laws too. Thanks again:D
      #5; Tue, 29 Jan 2008 17:40:00 GMT
    • Before you go advising the other employees, did you call the NC DOL as I suggested?
      #6; Wed, 30 Jan 2008 03:42:00 GMT
    • Are they expecting you to pay it in cash or by payroll deduction?

      NC law requires that all deductions except those required by law be authorized in writing by the employee. (ie cash shortages)

      http://www.nclabor.com/wh/fact%20sheets/deductions_from_wages.htm

      #7; Sat, 26 Jan 2008 18:42:00 GMT