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Can a restaurant owner legally charge a server for food they drop/spill?

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  • Can a restaurant owner legally charge a server for food they drop/spill?

    For only the second time in 11 years, I dropped two sandwiches while coming through the kitchen doors. My boss had switched to very slick disposable plastic plates while I was on vacation, no one warned me how slippery they were, and the sandwiches slid right off of the plates when I went to take them to the customers. He not only cussed me loud enough for them to hear, he then charged me RETAIL price for them. I know that he's worried about money lately, but it isn't like I drop food all of the time and he had no right to charge me retail regardless...I was so p.o.'d I quit, but someone suggested that they believe it was illegal for him to charge me. Forgot to add, I am in Maryland.
    Last edited by HoneyDog; 08-17-2011, 10:31 AM. Reason: thought I put in the state, but I didn't

  • #2
    The law varies by state, so you will need to indicate what state you are in to get an answer.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Here are the federal wage deduction rules:

      http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

      This is Maryland's law re wage deductions:

      An employer may not make a deduction from the wage of an employee unless the deduction is:
      (1) ordered by a court of competent jurisdiction;
      (2) authorized expressly in writing by the employee;
      (3) allowed by the Commissioner because the employee has received full consideration for the deduction; or
      (4) otherwise made in accordance with any law or any rule or regulation issued by a governmental unit.


      It seems like you are saying you quit. You most likely will not get unemployment ins.
      since you quit.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Das ist in der Doktor!

        Originally posted by Betty3 View Post
        Here are the federal wage deduction rules:

        http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

        This is Maryland's law re wage deductions:

        An employer may not make a deduction from the wage of an employee unless the deduction is:
        (1) ordered by a court of competent jurisdiction;
        (2) authorized expressly in writing by the employee;
        (3) allowed by the Commissioner because the employee has received full consideration for the deduction; or
        (4) otherwise made in accordance with any law or any rule or regulation issued by a governmental unit.


        It seems like you are saying you quit. You most likely will not get unemployment ins.
        since you quit.

        I think she was saying that she was so P.Od she would like to quit,
        But, considering the general temperament of her employer,
        After informing him of the illegality of his actions,
        I think the status of her employment is going to be as they say,
        A moot point.
        OP, I wish you the best of luck.

        ..___________________
        ~ VOTE ALL INCUMBENTS OUT,
        WE NEED TO MAKE ROOM FOR A NEW BATCH OF CROOKS.

        Comment


        • #5
          Quitting would be a bad idea. Looking for a better employer would be a good idea. Filing a wage claim for an illegal deduction would be a good idea. But quitting is just the employee drenching themselves with gasoline and asking the employer for a lit match.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I don't know if OP quit or not but the way it was worded sounded as if OP did.

            "I was so p.o.'d I quit"

            Maybe the OP did "mean" would like to quit. However, that would not be a good idea
            as already noted or OP will most likely not get UI.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              I did quit

              I did quit the job, and have already found another. P.O.'d stands for "pissed off". He told me I could either give him the cash, or just not fill out my time card for that day, (which worked out to the same amt of money) either way I had to pay. After working in food service for 25 years, I know that he probably had less than half of the money he charged me invested. I'm not looking to collect unemployment, since it was only a part-time job, I'm not even asking for the money back...but if it WAS illegal for him to have charged me, I want him to know that what he did was wrong not only in my eyes, but in the law's! Thanks so much for your answers

              Comment


              • #8
                I'm certainly glad you already found another job - that doesn't always happen.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

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