r/antiwork - Yes, it's exactly what it sounds like.

[byron]

it's not being "stolen" it's "this is probably fraud"

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.

"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"

 

[TaimuRadiu]

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"

most servers can't afford to lose employment nor can they take their employers to court

and the establishment *will* fire her if she tried to pull that shit

 

[SoleniyKraut]

"...people don't need to work, society needs work to be done to function"

He thought he said something profound here.

Humans eventually come together into groups and start managing responsibilities between each other for sustainable survival. There's no society without humans, it's not some transcendent boogeyman that controls one's life - it's a product of human nature.

 

[Wallace]

"...people don't need to work, society needs work to be done to function"

None of these spergs has ambitions to do anything besides play video games, smoke weed, and masturbate. If they got on UBI or some other kind of welfare, they wouldn't spend their new free time making art or reading great works of literature, they would just play more video games, smoke more weed, and beat their girldicks like it owed them money. Anything to keep from looking inside inside of themselves and seeing that empty void.

 

[AnOminous]

most servers can't afford to lose employment nor can they take their employers to court

and the establishment *will* fire her if she tried to pull that shit

And then, depending on the situation, they can get sued for wrongful termination. Employment at will (i.e. either party can quit or fire any time for NEARLY any reason) is a thing, but retaliation for seeking a legal remedy is usually unlawful.

This is why you get a lawyer, though, before you pull a stunt like this. Even if you can, conceivably, turn a profit out of getting fucked over like this, it isn't just the current job you have to worry about. Future employers will also be concerned about hiring a litigious employee who sued their last employer.

Still, I'd say just quit a job like this.

 

[SoleniyKraut]

None of these spergs has ambitions to do anything besides play video games, smoke weed, and masturbate. If they got on UBI or some other kind of welfare, they wouldn't spend their new free time making art or reading great works of literature, they would just play more video games, smoke more weed, and beat their girldicks like it owed them money. Anything to keep from looking inside inside of themselves and seeing that empty void.

Obviously. You can tell they've lived a sheltered life, they don't even understand why work is needed for everyone's benefit. They're essentially parasites.

 

[harbringer883]

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.

"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"

Yeah, this is a open and shut case.