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Restaurant server held liable for customers that didn't pay! Maryland

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  • Restaurant server held liable for customers that didn't pay! Maryland

    Posting for a friend.

    Pretty simple.

    Customers ordered food and drink. Customers left with out paying $132 bill. Can the restaurant owners take the money from her tips (guessing credit card tips) as they did or keep it from her paycheck. I say no because she is not responsible for the restaurant's loss. Plus I also say the owners wouldn't want her chasing the customers if she saw them taking off as I'm sure the liability insurance company wouldn't be happy if something happened because the employee was putting her safety over the $132 the restaurant owners obviously need more then she does.

    Thanks for your help.

  • #2
    Straight from the DLLR

    Deduction from Wages - The Maryland Guide to Wage Payment and Employment Standards

    Work, whether satisfactory or not, must be awarded compensation. Wage deductions are extraordinary, and are prohibited unless:
    1.A court has ordered or allowed the employer to make the deduction. Examples include court ordered wage garnishments and orders to pay child support.

    2. The Commissioner of the Maryland Division of Labor and Industry has allowed the deduction to offset or "pay for" something of value the employee has received. Examples include long distance telephone calls on the employer's business phone, personal loans, wage advances, etc.

    3. Allowed by some law or regulation of the government. Examples include state and federal taxes.

    4. The employee has given express written authorization to the employer to make the deduction. This should take the form of a separate and distinct statement, signed by the employee, concerning only the deduction and nothing more. Even with a proper authorization, however, employers must still pay at least the federal minimum wage in the case of a deduction made to offset a loss to the employer due to the admitted or court determined fault or negligence of an employee (for example, careless damage to the employer's truck). If the deduction is made to offset something the employee received or retained from the employer which had monetary value (for example, personal loan, use of long-distance telephone line, materials, etc.), the deduction may, in that case, reduce the employee's wages below the minimum wage. Finally, an authorized deduction may be invalid if it violates or is inconsistent with other federal or state laws or regulations.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.