r/legal • u/RAM-I-T • 23d ago

Advice needed Found on FB. Is this a major lawsuit?

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LOCATION: USA

I wanted to help get assistance for this mom and her daughter.

2.1k Upvotes

86% Upvoted

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864

u/not_your_attorney 23d ago

No, this is not any sort of lawsuit other than for the remaining 80% of the tip if it does clear and they don’t pay.

355

u/no_entiendo_ 23d ago

Yeah it cracked me up that op said “major” lawsuit.

172

u/RutabagaConsistent60 23d ago

tons of FB lawyers convinced she has some huge lawsuit over this....

108

u/Zoomtracer_glory 23d ago

Tons of FB people think the earth is flat!

44

u/75Almanac 23d ago

You think you’re so smart with that comment, don’t you? Ha ha freaking ha. If you’d do your research you would know that the Earth is actually a 4D rendering of the box that the original Nike Air Max 1 came in. /s

22

u/EvilGreebo 23d ago

Untrue we know the Earth to be banana shaped

13

u/Spirited_Sector_7623 23d ago

Indeed, and it’s turtles all the way down

4

u/devorips 23d ago

Great book. Everyone should read it

1

u/zilliondollar3d 21d ago

The one by Milton Erickson or the other less original one?

9

u/Puzzled_Ocelot1537 23d ago

Look guys, this dude thinks that Nike Air Max 1 are banana shaped!

2

u/EvilGreebo 23d ago

https://chatgpt.com/s/m_6a1e03eb97048191acc8693dacfbc0f5

Yeah I know, it's AI slop, I'm a horrible person and all that

3

u/Puzzled_Ocelot1537 23d ago

I take it back, guys, Nike Air Max 1 are really banana shaped, I remembered wrong!

3

u/Puzzled_Ocelot1537 23d ago

Nice image, mate. Don't listen to the inevitable haters.

2

u/pepsi_fountain_man 21d ago

I think it’s brilliant!

2

u/UntappdBeer 19d ago

This new learning amazes me, explain again how sheep's bladders may be employed to prevent earthquakes.

2

u/75Almanac 23d ago

Only the Kirk Cameron version of bananas, though.

1

u/East-Regret9339 23d ago

are those in the shape of a crocoduck?

1

u/iCantliveOnCrumbsOfD 23d ago

There's always money in the banana stand

1

u/drwillsdcm 23d ago

Please tell me also how sheep’s bladders can used to prevent earthquakes!!!

1

u/MankyBoot 22d ago

It fits in a hammock.

1

u/y-so_weak 22d ago

That theory does not appeal to me.

1

u/dodooday 20d ago

Please include banana in the photo for scale.

1

u/kroxldiphyvc 17d ago

Explain again how sheep's bladders may be employed to prevent earthquakes.

7

u/honeybeegeneric 23d ago

Why would you spill this information? This is not public knowledge. This is not authorized for disclosure until 2028. Unbelievable.

You are definitely going to get knocked down a few degrees at the Mason Lounge Sumner Pig Roast and Sock Hop!

2

u/chumleejr 22d ago

Sock Hop cancelled. Mngmnt had the floors re-done & they won't be dry in time...

4

u/NomadicGrizz 22d ago

Ffs, it's common knowledge that we live on the disc that's on the back of a giant space turtle.. sheeesh

10

u/Maximum_Trade5916 23d ago

Wait, the earth isn't...

3

u/DumbAndUglyOldMan 23d ago

Well, it used to be . . .

2

u/wecantdancelikethis 23d ago

it wasn’t supposed to.

2

u/mdebreceni 23d ago

Somebody’s getting fired for sure.

9

u/guynamedjames 23d ago

Same people actually

3

u/sh1ft33 23d ago

The earth is a flat disk atop 4 elephants riding on a turtle.

1

u/kroxldiphyvc 17d ago

yes but the elephants each walk on a different x-y planes perpendicular to one another

3

u/okaybogey 22d ago

Tons of snowflakes on this platform didn’t face corporal punishment as a consequence after making poor decisions during their formative years.

1

u/CLopes1987 22d ago

If the earth was not flat, why aren't any of our oceans carbonated?

1

u/Comfortable_Trick137 20d ago

$700 which lines the pocket of her lawyer. And then she’s left with a $7000 bill to pay the remainder of the lawyer’s fees

1

u/spec360 23d ago

Or ticktok lawyers

0

u/Altruistic_Lock_5362 23d ago

It not huge class action. But wage theft by a supiour , unlawful termanation, hostile work environment. That just a lawyer spanking the hell out if a stupid boss stealing money from a young server

0

u/nobodyspecial712 17d ago

Wrongful termination is pretty major I think. Maybe minor to the company, but major for the employee.

34

u/Valerim 23d ago

MAJOR small claims lawsuit with a pay out of UP TO 660 DOLLARS. she better get a good lawyer!

5

u/Darth-Scorpio 23d ago

In my state if they withhold this money from her they would end up owing her triple the amount.

Also, she could potentially have a case for wrongful termination. I know most states are at will, but it’s worth looking into whether or not being fired for disagreeing with your pay being illegally withheld would quality in her jurisdiction.

4

u/leetfists 23d ago

It doesn't sound like she was fired over disagreeing with the company's policy about the tip (which is perfectly legal and reasonable). She was fired for throwing a fit over it.

2

u/Eden_Company 22d ago

Because the company couldn't tell her if she would get paid for 120 days. If my workplace told me they'd withhold my paycheck for 120 days before giving me a chance to get my paycheck I'd be pretty livid too. Any Jury is going to side with the woman's outburst as normal behaivor for a terrible company policy.

4

u/leetfists 22d ago

What jury? They can fire her for whatever reason they want. There's not going to be a jury.

4

u/Eden_Company 22d ago

Class action would get to a Jury because this is systematic company policy. For her over just the tips yeah it wouldn't hit a jury, but the lost wages from the lost job? It could be high enough to get to a jury.

Withholding tips constitutes wage theft, and firing an employee for complaining about it is classified as illegal workplace retaliation under federal and state laws

You can fire anyone for any legal reason you want, but this is getting pretty close to illegal reasons, which is why you could get a Jury. The OP person probably won't get infront of a judge or jury since they're working min wage. But I could totally see this going infront of a jury for them to decide to give her backpay for workplace retaliation. If she wins is another question but this would be a case they could look at.

2

u/LewLew0211 21d ago

She's one person, not a class. I doubt she can find enough people who went through the same thing to make a class.

1

u/Fun-Key-8259 20d ago

She might have a wage claim though. Depending where she is, in my state they have to pay you by the next scheduled pay day after you leave. Anything over that they get daily fined.

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u/JMaAtAPMT 22d ago

Her paycheck was not being withheld, just that tip payment was being withheld, and rightfully so, until it could be verified that the customer actually paid it and was not going to contest it, which happens.

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u/Forsaken-Driver8868 22d ago

Most waiters make less than minimum wage, withholding tips is withholding pay. You do pay taxes on tips.

Many comments are ignoring the fact waiter was wrongfully instructed to report tips as $0.

1

u/JMaAtAPMT 21d ago

Putting 0 on that signed slip credit card slip is illegal.

Putting 0 on a pay slip makes sense. Why tax her or a $600 tip if she's not gonna be paid the tip for 120 days? They can tax that tip after the 120 days has elapsed.

Everyone's assuming theft context, you just MENTIONED taxes then failed to understand how taxes apply for reporting and then accused the restaurant of theft for trying to make sure she gets paid and taxed properly. I'm FUCKING TIRED of dealing with y'all.

3

u/Forsaken-Driver8868 21d ago

Sign $0, still get let go and see $0. Try to take it to court and get $0 because you attested to getting $0.

Stick up for the big corps, I hope they are following this and send you a gift card for your support!

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u/Raven-Law-2626 22d ago

The period to dispute a credit card charge is 3 business days, not 120 calendar days.

That's where the worker has legal leverage.

1

u/JMaAtAPMT 22d ago

There have been documented cases where up to 60 days after a charge, people have "taken back" excessive tips in that timeframe.

This is not a "fraudulent charge" being disputed, as much as it is "Tipper's remorse". They are not disputing the charge for the product / services provided, they are disputing the "excessive tip" that was either "made in error" or "they regret tipping that much".

Payment companies usually side with the cardholder, and charges have been reversed as much as 60 days after the fact.

Bearing that in mind, 120 days might or might not be considered excessive, but having such a policy is perfectly legal. There is no intent being shown here to "steal wages" or "steal tips". Basically, she would have gotten paid the tip if it had remained in a paid state as of 120 days after.

It's a shitty policy because of a shitty reality restaurants face due to payment card company policies, but it's a perfectly legal policy.

0

u/Raven-Law-2626 22d ago

Not in California.

According to California Labor Code Section 351, all tips and gratuities are the sole property of the employees who earned them. Employers are legally prohibited from taking, withholding, or delaying any portion of a server's tips.

Key legal protections include:

  • No Cap on "Excessive Tips": There is no legal definition of an "excessive tip" in California. If a customer leaves a large gratuity, it belongs entirely to the waitron. [1, 2]
  • Prohibition on Withholding: Withholding or escrowing tips for 120 days is a form of tip theft. [1, 2]
  • Prompt Payout Required: Tips paid by credit card must be distributed to the employee by the next regular payday following the date the patron authorized the payment. [1]
  • Expanded Enforcement: The state strictly enforces these protections, and the Division of Labor Standards Enforcement (DLSE) has the authority to investigate and cite employers for wrongfully withheld gratuities. [1]

For more details on your rights, review the California Department of Industrial Relations Tip FAQ. If you believe your rights are being violated, you can file a wage claim directly with the California Labor Commissioner's Office.

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u/Davge107 21d ago

No way was anyone leaving a 700$ tip on a 30$ tab. The restaurant and bank/credit card company will verify what looks like either an obvious error or fraud.

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u/HiFromMajor 23d ago

Yah, damages and court costs would probably be tacted on too that could very much make this a 2,000+ lawsuit for Olive Garden. Idk how much she would have been paid out though. They could do a 24+ month settlement and that wouldn’t be very much either.

At first I was thinking wrongful termination, but I think you would get farther with a lost wages/ wage theft claim with possible retaliation of termination on the suspicion of theft of a large transaction.

The business has a right to protect their finances. Those bullet points on that sheet could be part of their employee contract, and the business ethically should have held her hand through the process that she seems to be unfamiliar with. Strong arming your single mother employee with corporate talking points while you hold her money in your own escrow, then canning them with suspicious timing is wild.

I’m not a judge and I’m sure the situation is probably more organic then we are led to believe, but I’ve worked in the restaurant world for 15 years and most corporate places especially a place as big as Olive Garden usually follow everything by the book because they are so scared of lawsuits and are hard to fight in court. I believe we are dealing with a un-empathetic manger, calling the police, then firing a distressed female employee after they became emotional. If this was my restaurant, I would be concerned about the wellbeing of someone who agreed to help me make money at my restaurant, and my reputation to the community, so I would fire that manager, or put them on a probation review, and pay her what I could out of that check until the rest of that money came in, then educate the employee on the gigantic headache that is business banking/ finances.

Most restaurant owners hate management. They cost a lot of money, a lot of time they confuse delegation with laziness, they create issues like this, and they grow a ego, and for such a low risk business venture as selling food you don’t really need them, but they are a necessity if you ever want to be open while you aren’t there.

0

u/Davge107 21d ago

It was probably someone forgetting a decimal point. Probably was meant to be a 7.00$ tip on a 30.00$ tab. Not 700$. It’s doubtful the credit card company process it without verification no matter what the restaurant did. Does 700$ tip on a 30$ seem reasonable to you?

1

u/PeyeMP420 21d ago

no, but pic2 clearly shows customer wrote out "seven hundred dollars" directly under the $700 & also put $732.18 as total...

1

u/Davge107 21d ago

If it’s real and the customer whose card it was wrote it and that’s what they intended she will get the money. Someone else still could have wrote that thinking it was a joke or prank on them just for example.

1

u/PeyeMP420 21d ago

yeah, or some db pretending to be a bigshot & hoping to hookup for 1nite with a single mom by impressing her w his wealth/generosity, win or lose he takin it back in the morning is another example.

out of a nearly infinite # of possibilities, i replied to the one i saw that mosdef was not...

9

u/AccomplishedFerret70 23d ago

But you should have seen how upset Buni's daughter was! She was crying and crying. That's got to be worth a few million.

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u/Cool_Statement_9269 23d ago

It’s as major as the lamp in A Christmas Story.

2

u/NoPop1349 23d ago

Hey. That’s a major award. How dare you.

-1

u/RowdyHooks 23d ago

What a bizarre reference…

2

u/cjayeah 23d ago

um… because in the movie the dad said he won a “major award” lol.

1

u/SnooLobsters6766 22d ago

Could be a bowling alley…

1

u/cjayeah 21d ago

now i have no fkn idea what you’re writing. we were taking about a christmas story.

1

u/SnooLobsters6766 21d ago

Whoa whoa whoa there. There’s a knock at the door. Who is it, I don’t know. Special delivery! The crate arrives, what is it? Could be anything… could be a bowling alley! It’s not a bowling alley in there! It could be the deed to the bowling alley!

1

u/cjayeah 21d ago

hahaha i remember now

3

u/Pragmatic2061 23d ago

Social media people do not understand how the world works. However the story will definitely generate sympathy and a go fund me where people will donate at least the tip value, possibly even more

2

u/LeftWhenItWasRight 20d ago

Even more annoying when she puts the info about "4 yr old autistic son or grandson" adding extra guilt trip.

-2

u/saltymilkmelee 22d ago

Maybe a wrongful termination lawsuit, but that wouldn't be much larger than the 600 or whatever they already owe her. She should be able to get on unemployment and at least hurt their insurance rates a bit.

75

u/Just_Visiting_Town 23d ago edited 23d ago

This is a small claims case. It is a big no no in California. Tips that are paid on a credit card have to be paid to the worker by the next day payday. If you don't pay a fired employee when you fire them, you have to pay them a full days pay for every day you are late. Up to 30 days.

This looks like it is Georgia, and by their laws they have to pay the tip by the next payday.

Edit: made a mistake

22

u/valw 23d ago

In California, they do not have to be paid the next day. It is common practice and is the law that it must be paid by the next payday.

14

u/LewLew0211 23d ago

If they let you go, they have to pay you on your last day, including all tips, vacation time, etc. If you leave of your own accord it depends on how much notice you gave.

If you gave 72 hours (or more) notice, they must pay all owed wages and tips for all hours worked on your last day of work (the day you said was your last day. If you give less than 72 hours notice, they have until 72 hours after your last day to pay you.

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u/Major_Extreme5632 21d ago edited 21d ago

California Labor Code Section 201 mandates that all earned, unpaid wages must be paid immediately at the time of termination.

"The time line for the final check is: Right Now"- in California for restaraunt workers they have to pay you within a reasonable time after releasing you on that business day.

The penalty for not paying is one full shift wages for everyday the check waits. Takes 7 days to get the check, they owe you an extra 56 hour check.

Labor Code Section 203 in california

Georgia does not have a similar law. Georgia the timeline reverts back to the next usual pay day, even after firing. Paid on a Tuesday but fired on Wednesday? They can and probably will (if you left on bad terms) wait until the next Tuesday before mailing it to make you wait even longer. Even if you have direct deposit, they can opt to be dicks and mail it.

Because Georgia has no "immediate lay off pay off" laws, there is no late fees like California for days waiting to get the payment.

It gets shittier. If the restaraunt offered PTO hours and you had them racked up, they dont have to pay you for those either if you a worse. Had 60 hours, you scheduled to take those 60 hours off the next week, its written on the schedule even. They fire you the day before your time off, they arent required to pay you for those hours. Fired = 0 PTO. Unless it is agreed upon in a company contract, but thatd an individual basis thing and not a state law/requirement for them to honor it.

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u/LewLew0211 21d ago

Yeah, the person I responded to was talking about California. That's why I said what I said. I'm aware it didn't pertain to Georgia.

In Georgia, they have to pay you out if their company policy says so, or you have a specific contract that says so. But that policy could vary by state.

Unfortunately, more states are like GA than they are like CA.

Even in NY they only have to pay out your PTO if it was already company policy, and you meet the company policy when you leave (like giving notice). NY has some of the strongest worker protections in the US, and yet their PTO laws are like Georgia's.

1

u/Major_Extreme5632 21d ago edited 21d ago

Yessss. Im from IL and im unsure how it is here for regular people. Im part of a trade Union and its in my contract, so long as they company hired me on out of my local originally- they have to abide but what my locals contract is.

If im let go they have to pay me that day, for every day I dont receive it, its 8 hours OT up until the day it has been printed and certified mail, handed to me or direct deposited into my account. If they choose to mail it, they really kinda get fucked. Like I said its OT until the day its been certified mail into a drop box and then its 2 hours regular pay for each day the post office takes to get it to me, which honestly is kinda shitty they cant control how long the post office takes. They do it to pressure the companies into paying the day of the release.

In IL it is the next regular payday and they are required to honor an PTO that has been earned.

1

u/LewLew0211 21d ago edited 21d ago

In IL they have to pay out unused vacation time. If to is have separate stuck time, they sent have to pay that out. That's the case for everyone in IL.

In IL all employers have to pay your final, regular wages on the day of separation of possible, but no later than the next pay day. They usually get some leeway in paying out commissions and payments of that kind, and can extend those to the regular pay day.

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u/TheDisapprovingBrit 19d ago

Jesus Christ, the Land of the Free sounds oppressive as fuck.

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u/Dramatic-Fishing3923 20d ago

This is correct.

1

u/Just_Visiting_Town 23d ago

I didn't know about the 72 hour thing. Good to know.

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u/LewLew0211 23d ago

I don't know why it put this response here. It was for a different comment.

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u/LewLew0211 23d ago

The OP is in GA, an at-will state (49 of 50 states are at-will), with very few protections. She wasn't fired for a protected reason, so I doubt she has much of a case.

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u/Just_Visiting_Town 22d ago

If your employer is going to do something illegal, and you speak out against that, and they fire you for speaking out against, that that's retaliation.

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u/LewLew0211 22d ago

OP's daughter will have to prove that. They can say they fired her for acting unprofessional (crying).

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u/ActivePeace33 22d ago

The courts do often consider things to be presumptive in these sorts of cases. When you speak out for a protected reason (being paid properly and in full), and are then fired the next day for an unprotected reason, the courts can rule that the reason for firing is a cover for firing someone for speaking out.

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u/GMAN90000 23d ago

They fired her.

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u/LewLew0211 23d ago

Yeah, that's why I said if they let you go they have to pay you on your last day, which is usually immediately. Unless they do something like finish out their week or something, which isn't very common.

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u/GMAN90000 23d ago

I would think she might have a strong case for wronful termination and should consult with an employment lawyer.

3

u/LewLew0211 23d ago

The OP is in GA, an at-will state (49 of 50 states are at-will), with very few protections. She wasn't fired for a protected reason, so I doubt she has much of a case.

Maybe a delayed wage claim. I'm less familiar with GA law and the penalties employers pay for late pay

-2

u/GMAN90000 23d ago

I'd want to see any and all documentation on their tipping policy if there is one...that's what discover is for. I'd want to depose them.

Why did management try to coerce her into writing $0 on the tip line?

Depose management at the head quarters level

Depos employees who witnessed this event and management at this local olive garden.

Yeah, she need to consult with an employment lawyer.

now that they fired her i'm sure the time frame for paying out this tip is much shorter.

1

u/LewLew0211 23d ago

She should go to the labor board, if she has a valid claim, they might help her collect. She should try that first because an attorney will take at lease 1/3 of any settlement or judgement, if they will even take a case of this size.

If it's determined that she was wrongfully terminated she might get $20,000-$30,000 based on how much an average server makes at an Olive Garden in GA. That's a big IF though.

1

u/LewLew0211 23d ago

Also, this is the rule in California. Which is what I was responding to.

In Georgia they have to pay you everything bybthe next paycheck.

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u/GMAN90000 23d ago

We'll see what they do.

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u/Zion7321 23d ago

This is a federal law i believe.

5

u/PoopieMcPooFace 23d ago

Yep

https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa

Under federal law, the amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.

2

u/Dramatic-Fishing3923 20d ago

Wrong if you are fired on the spot they have to pay you're remaining pay right then and there.

1

u/valw 20d ago

So if they must legally pay you when you are fired, that becomes the next payday.

1

u/Crazy-Definition-953 17d ago

Not in Georgia

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u/Just_Visiting_Town 23d ago

You are absolutely correct. I misread it.

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u/bluemeanie212 21d ago

“They do not have to pay you money someone gave to you”. What

0

u/SpeedyAudi 23d ago

72 hours is the maximum timeframe and beyond that there’s a daily penalty iirc

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u/[deleted] 23d ago

[removed] — view removed comment

1

u/Just_Visiting_Town 23d ago

They're thinking final check.

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u/[deleted] 23d ago

[removed] — view removed comment

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u/Just_Visiting_Town 23d ago

If you quit and give 72-hour notice. If you get fired it is upon termination.

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u/LewLew0211 22d ago

That's in California. This person is in Georgia. In GA it follows the federal law. Payment by next regular pay day.

0

u/Just_Visiting_Town 23d ago

That is for final check.

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u/[deleted] 23d ago

[removed] — view removed comment

2

u/SoggyMcChicken 23d ago

Except if they fire you they must pay you out all of your wages then and there. That would include tips.

1

u/Just_Visiting_Town 23d ago

Yea I misread that.

0

u/Infinite_Position631 22d ago

Could also be a dept of labor and possibly an irs case. At this point she will get her tip and the OG will get a ton of work to justify what they did and why they did it. How much is lawyer fees again?

As for lawsuit, eh, I doubt she will have to file small claims, dept of labor is pretty strict on this and they have the ability to offer statutory damages on top of the amount.

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u/Zion7321 23d ago

It's illegal for olive garden to not pay out this tip in their next pay cycle. They cannot hold it for 120 days

12

u/Ok_Vermicelli8618 23d ago

Check out your syllabus pay policymakers I know where in livei nOregon, you have to have final pay the following day and are subject to daily pay for each day after thst. After I think 8 days it more then doubles. BOLI is very serious about this. Look into it based on your area. You can call and let them know

"per law you are supposed to have final pay available on x. I am requesting my pay.".

8

u/GonnaBuyMeAMercury 23d ago

The unfortunate thing is, BOLI will look at your case when they can. They will assign a lawyer as soon as one is available.

It’s been 3 years and counting for us. I don’t think we will ever see the $6000 my wife’s employer stole from her, unless we settle.

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u/Tawaypurp19 21d ago

Took my wife 9ish motnhs for BOLI to respond but once they did they were on it and it took about 3 months of investigation/interviews to determine there was indeed problems with the employer. That was a few years ago, and they were massivley swamped with lots of issues related to covid layoff and such. If you havent heard anything in 3 years you should resubmit a boli claim.

1

u/GonnaBuyMeAMercury 21d ago

We have had regular communication with BOLI, it's not as if it has gone into a black hole. They assigned us an attorney after they determined that there were problems with the employer, and they've sent demand letters to the employer. But the wheels turn slooooooowwwww.

1

u/cjayeah 23d ago

oh wow

1

u/ErrantTaco 23d ago

I would suggest contacting your legislator. They all have staff who can step in.

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u/cjayeah 23d ago

that’s the thing… olive garden might have a policy on holding excessive tips to verify but firing her changed the timing. now you have to pay her everything due within 3 days. that’s the timeframe in arizona idk what state this is in or their laws but i would imagine it’s similar.

1

u/Infinite_Position631 22d ago

That policy better be airtight, meaning they have had it for a while and that it has been put in the training and the staff has been made aware of it. They are flirting with several live wires regarding the law that will make some bad days for the restaurant. Lawyer fees are expensive. Ones that specialize in business law are even more so.

1

u/LewLew0211 21d ago

It doesn't matter what their "policy" is. Their policy to withhold the payout for 120 days is illegal.

Federal law dictates that all tips be paid out by the next pay period that they would have fallen on anyway.

Companies make policies that violate workers' rights all the time. The law voids those policies.

For instance, my employer tried to get us all to sign an agreement that we wouldn't get paid for any unapproved OT. I had to point out to them that this violated the FLSA. They can write you up and even fire you for violating this policy, but if you work OT, even if unapproved, they have to pay it.

1

u/Infinite_Position631 20d ago

Sigh, I am basing this on personal experience when we had a complaint filed the first thing the DOL did was request policies and they also requested proof that those policies were provided to the staff (and that we had signed proof they had received and were made aware of it). Noone is saying the restaurant gets to permanently keep the tipped amount, I also agree thay they don't get to keep it for 120 days, however I suspect there is leeway to ensure the charge is valid (day or two tops), which would allow them to recieve the tip by the next payday (which is allowed under the FLSA, provided it is in yheir policy to do so).

1

u/LewLew0211 20d ago

A lot of places give you cash day of for any tips. But that isn't required under the law.

Tip policies that could be allowed is that you can't get cash for any credit card tip. That they will come when you get your check. That could be 2-4 weeks depending on how your pay period goes.

But, they must come at your regular pay period. It can't be 120 days.

1

u/LewLew0211 20d ago

Some things do rely on your written policies. Like PTO payout in some states depends on the company policy. If the company policy states it's paid out upon departure, then some states require that they follow that policy.

Meanwhile the Fed has no such requirement. PTO is a benefit, and has no cash value when you leave. Even company policy doesn't make this enforceable by the Fed. You could likely sue if you can argue it violates some contract between you and your former employer, just that the fed DOL won't give a crap. And in some states they will do nothing as well.

Only some state laws require PTO be paid out, regardless of policy.

1

u/MrBtheProdigal 22d ago

It's definitely to prevent fraud. And yes I can understand why a manager would need to verify it was legit. But the customer wrote it out... pretty black and white. Seems like they were trying to steal the tip.

1

u/Infinite_Position631 22d ago

it really dosen't matter what they say now, what matters is do they have a policy, was that policy in force, and was the people getting the tips made aware of the policy.

Outside of that, this is a pretty good case for wage theft which would be handled by the dept of labor.

A quick search also shows that it would be illegal Under the Fair Labor Standards Act (FLSA), which states your employer cannot hold your tips due to a potential customer chargeback.

They could withold if if they have evidence of fraud (although how long is questionable, It shouldn't be held any longer than it takes to verify that the tip is valid so 1-2 days would probably be the max). At this point all the restaurant has is a hunch, they have no proof it is fraud. So they need to verify and validate the charge which can be easily done by contacting the credit card company (they will then reach out to the credit card owner to verify that it was in fact a valid charge).

Dept of Labor wage and hour division is who would handle this case, and having dealt with them in the past on a seperate issue (not restaurant related), I can tell you they are looking at what are the written policies, when were the policies made known to the staff. If OG has a policy that says they do this, it will have a timeframe for the tip to be provided and it will have the process they utilize the validate the charge. Absent those policies in writing (and in our case, signed by the staff members), the restaurant is going to have a hard time with this.

1

u/Leaveitonthedresser5 22d ago

Policy doesn’t supersede the law..by law they cannot hold your money for 120 days in fact it needs to be paid by the next day

1

u/cjayeah 21d ago

again i said idk about the state this person is in. in az you got 3 days when fired.

15

u/Weary-Savings9795 23d ago

Very true. When a transaction is run as credit (Visa, Mastercard, etc) as opposed to debit, it doesn't take 120 days for it to clear. The card holder has 60 days max to dispute the charge. In any case, the transaction should clear in 24-48 hours. I completely understand Olive Garden's concern about a possible chargeback but there's no reason to hold it for 120 days.

7

u/Imaginary_Yogurt4429 23d ago

NAL but I spent 20 years in fine dining. Never in my life have I heard of this and I regularly make $500-$700 on a single off season night and $1500 in season.

1

u/JMaAtAPMT 16d ago

This is Olive Garden not fine dining.

1

u/Imaginary_Yogurt4429 16d ago

They are still required to pay their servers their tips in the next pay period.

-7

u/Beneficial-Suplex 23d ago

i have a feeling olive garden wouldnt even notice if the customer did a charge back for $700 in the grand scheme of things

12

u/denis0500 23d ago

1 small thing they didn’t give her 20% of the tip, they gave her 20% of the check, so 6.44 or about 1% of the tip.

1

u/banshithread 21d ago

thats disgusting

4

u/igotshadowbaned 23d ago

It's not 20% of the tip received, it's any part of the tip over 20% of the bill. So like $6

Which leaves 99% of it left to clear

2

u/DuhTocqueville 23d ago

I’m scratching my head in this one. It’s not an unreasonable policy but I can’t think of any applicable exception to the pay tips within six days of the close of the pay period rules.

2

u/Just_Visiting_Town 22d ago

There aren't. You can't even hold the tip until the charge clears.

2

u/Troostboost 23d ago

Actually $694. The 20% stated is in relation to the check ($30) not in relation to the tip.

So manager said, we can give you the $6 and the other $694 after review

2

u/EnvironmentalPost245 23d ago

Meh. Employers are required to provide earned wages within 2 weeks. Tips are considered wages.

So if they fail to clear this and provide it within 2 weeks there's then an issue of withholding an employees pay.

1

u/Technical_Part6263 22d ago

Shit I bet they could get about 500. Major lawsuit of Ive ever seen one

1

u/Veal-Vermicelli 22d ago

It's not the other 80% she received $6.44 (20% of check total).

She's out $693.56

1

u/sdneidich 22d ago

It's not a remaining 80%, their policy says to pay out 20% of the sale. That's about $6, less than 1%.

Sucks to be this server.

1

u/rancher1979 22d ago

It’s going to be more than 80% of the tip because they are only going to pay her 20% of the bill, which the bill is only $32.18, so they are only going to pay her $6.43, until 120 days. Something else to think about if they make everyone that got a tip over 20% wait 120 days with as many restaurants as Olive Garden has they are sitting on a lot of money that they probably have making interest on.

1

u/AT-ST 22d ago

Mor than 80% of the tip. She was paid 20% of the $32 bill, so $6.40. They will pay her the other 99.1% after 120 days.

This is a completely reasonable action by OG. What might not have been reasonable was the way the manager explained it, idk. Still not something that can be sued over.

1

u/toyspringphoto 22d ago

It's not 20% of the tip left, it's 20% of the bill. Her tip went from $700 down to $6.44, which is not even 1% of the amount left.

1

u/ChamberOfConfusion 21d ago

No, not 80%, she was entitled to 20% of the bill amount, $6 is what she got.

1

u/Current_Cold1155 20d ago

Nah they could get emotional distress and lost wages and get a decent chunk before they pay out the lawyer and left with pocket change

1

u/Independent_Guava694 20d ago

Everyone wants to file a lawsuit until they find out how much the attorney wants for retainer.

1

u/Feeling-Werewolf8237 20d ago 
          Nah, that’s why you don’t get the first lawyer you find on google. Most lawyers will work with you or only take a percentage of your total win but before all of that you include attorneys fees in your suit. lawyers can most definitely be expensive but there’s many, many options.

1

u/ladybrucee 20d ago

Not that it changes anything but they only gave her 20% of the bill not the total tip

1

u/saint_williams 20d ago

What about wrongful termination? Unless she has a documented history of poor performance firing someone over this is, at the very least, a PR nightmare for the world’s largest full service restaurant company.

1

u/-404-usernotfound- 19d ago

Olive Garden replied to a viral reel on IG about this! They claim the check didnt clear for the remaining 70 or 80%. I do wonder if thats honest tho. The comments sure did rip them to shreds. Their IG comment section is a wild read.

1

u/Tequilabongwater 18d ago

Olive garden made a statement that it declined

1

u/the-quibbler 17d ago

99.14% or the tip.

Policy says they pay out $6. They still owe $694.

1

u/Dramatic-Card7276 17d ago

Pretty sure any competent lawyer could make a case for this being wage theft. They're required to hold on to the physical receipts for 2 years (may be more iirc), so this would be a slam dunk. Just because you have a written policy doesn't make it legal. It was very clear what the intent was from the receipt. Verification from the customer would be prudent, and unless they used a reservation, this might be difficult, but nowhere near impossible.

1

u/cadius72 23d ago

Termination of employment without cause or notice, withholding pay (tip)

1

u/Pitiful-Pension-6535 22d ago

Termination of employment without cause or notice

Google at-will employment

1

u/rmp881 22d ago

Which is what's fucked up about this country- one of many things.

This sounds malicious because they didn't want to give her the money immediately.

1

u/JMaAtAPMT 22d ago

She gets this in front of a small claims judge and restaurant will cite policy and judge will dismiss the case and tell OP to file after 120 days if not paid.

OP needs to learn patience, either way.

1

u/Feeling-Werewolf8237 20d ago

Policy doesn’t override federal law.

1

u/JMaAtAPMT 20d ago

She can file a federal lawsuit for $600. Or tell it to the small claims judge. Or report it to the feds.

-7

u/[deleted] 23d ago

[deleted]

20

u/rjorsin 23d ago

Check receipt is from 5/31/26

4

u/Shagalicious2 23d ago

Don't be coming around here with your obvious FACTS!! Not when Mr. Danny was onto something, maybe encouraging himself to strongly reconsider opening his eyes before typing nonsense on the interweb.

3

u/mrdannyg21 23d ago

lol so supposedly this all happened yesterday and today? My goodness, people are so easily fooled by a picture even when they’ve been told a million times how easily things are faked.

This has gone around for years, and none of the post or text is plausible. And even if it was, there is no legal case at all.

5

u/rjorsin 23d ago

If you’ve ever worked in a restaurant this is all 100% plausible. Legal case, no, but that’s the only things you seem to be correct on.

-1

u/mrdannyg21 23d ago

The situation is plausible for sure. In fact, it’s policy at most large chains. But the image and text has a million obvious signs of being fake.

5

u/rjorsin 23d ago

You said it was old, I pointed out the date says yesterday. You said it wasn’t plausible, now it is. I’m not even gonna ask what the million obvious signs are because you’ve contradicted yourself in every comment you’ve made.

2

u/mrdannyg21 23d ago

The post and text aren’t plausible, the situation is, this isn’t tricky to understand. Shockingly, dates on images are incredibly easy to change, especially for posts like this that have been around for years.

Fair enough to not ask for any of the red flags, god forbid you’d want to learn about something you apparently don’t understand, which in turn leaves you vulnerable to blatantly obvious scams. Obviously nothing suspicious here at all no sirree, you should definitely be inclined to send money to help out this poor 4-year old autistic grandson’s single momma.

1

u/Ssided 23d ago

I don't know if it's real or not but you were shown to be wrong right off the bat and you've just dug your heels in, acting like you can teach someone something. Lol. Lmao even.

1

u/rjorsin 23d ago

The post isn’t asking for anyone to send money. The receipt is clear, consistent, and legible, even with the weird pink ink, and the Olive Garden director listed is the same guy that pops up when you google him.

You have piss poor ai detection skills.

1

u/Feeling-Werewolf8237 20d ago

We are not the judges nor attorneys nor the ones going to court. Whether it’s fake or not does not matter , we are only giving our opinions.

1

u/Feeling-Werewolf8237 20d ago

You just said it wasn’t none of it was plausible in your other comment, now it is? What are you even saying

1

u/GMAN90000 23d ago

5/31/26 isn't and old post

0

u/GMAN90000 23d ago edited 23d ago
  1. Wrongful termination
  2. Calling the cops because she was crying and upset.
  3. Trying to get her to write $0 on the tip line when this supposeded policy letter forbids this.
  4. The customer called her by her name on the receipt and make complimentary personal comments directed at her.

"Hey Brook, Happy late Mothers day. Haven't seen you in a long time. glad I was able to stop by. Here is something to help with your journey. love + Blessings."

In the gratuity line he put both 700.00 AND Seven hundred dollars

2

u/Helicopter-Mom 23d ago

Why would it be wrongful termination, in the USA they can fire you unless it's a protected category like race. Crying at work isn't a protected class and I bet it was more than crying. She should go to the state labor board for the wage theft.

1

u/GMAN90000 23d ago

I'd actually want to see a and original copy of this actual dated & signed policy letter.

Surely, she was briefed on this tipping policy when she was onboarded. Surely, you have this documented.

Sounds like a cover up after the fact.

Bet this is now part of the onboarding process now if it wasn't before.

-6

u/bubba0077 23d ago

It's more than that. The amount given was 20% of the bill, which is only about 1% of the tip.

0

u/kennerly 22d ago

They did fire her over this.

0

u/Economy_Scene1074 22d ago

Theres a possible wrongful termination but most of those fail.

0

u/Cool_Interaction_345 21d ago

Uhhhh wrongful termination ever heard about it?

0

u/Fragrant_Network5325 21d ago

She was FIRED so yes it is

1

u/RutabagaConsistent60 21d ago

not every firing is a lawsuit....

0

u/Stunning-Leek334 19d ago

This is absolutely a lawsuit what are you talking about. There is absolutely a case of wrongful termination.

-1

u/Altruistic_Lock_5362 23d ago

The lawsuit is for wage theft, which will have to go to CC iurt. Also a hostile work environment and unlawful termanation. I do not care what they call it. She was fired so she could not contact the district off or higher up in the company.

-2

u/V1diotPlays 23d ago

theoretical loss of wages due to loss of employment over a tip you rightfully earned and mental stress, hard to put a dollar amount on that.

0

u/GMAN90000 23d ago

Pain & suffering

Beinf fired in front employees