byron
kiwifarms.net
- Joined
- Feb 7, 2024
This seems pretty cut-and-dry to me. The tip is not paid to the restaurant, it's paid to the server. The restaurant has a duty to transfer that money from the customer to the server.it's not being "stolen" it's "this is probably fraud"
"We don't want to deal with chargebacks" is not the server's problem. If they wanted to hold the money for a reasonable amount of time in order to confirm there's no chargeback, that'd be fine. But the restaurant doesn't have the right to say "nah, we're not even gonna try"
The server doesn't even need a lawyer, she just needs a copy of the receipt. Go to small claims court. Let the restaurant tell a judge, "we just didn't feel like trying to run this credit card." The judge is going to say, "that's fine, but you owe the server $2500"