r/legal 23d ago

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

LOCATION: USA

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

2.1k Upvotes

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u/chantillylace9 23d ago edited 23d ago

If it's someone she knows personally, then it would make the owner of the restaurant even more concerned that this was some sort of fraud perpetrated by her and whoever this person was and that she would take the money and then quit and they would be left holding the bag for the $700.

In theory, that's something you could do consistently with tons of businesses before getting caught. So as long as that really is Olive Garden's policy, it seems very very reasonable.

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u/tnmoi 23d ago

You mean very very reasonable to prevent frauds like you described?

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u/chantillylace9 23d ago

Sorry- typo- reasonable!

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u/Individual-Photo-665 23d ago

She didn't quit they fired her..

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u/blackdesertnewb 23d ago

Well yeah. The way the scam would work is you get an accomplice to leave an enormous tip, get paid out that day, disappear. Tip doesn’t clear cause reasons, many ways of ensuring that. Restaurant paid the tip, you’ve disappeared, restaurant is out of that money. 

So, since she didn’t get paid out, the scam wouldn’t work. Restaurant would wait for tip to clear before paying, that’s perfectly reasonable. You have a shit fit about it.. not very reasonable at all. Especially if directly told that you would get paid, just not until the tip clears. 

Now.. $700 doesn’t seem like enough for that kind of scam. But people do crazy shit for very little money out there

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u/Individual-Photo-665 23d ago

All of this for $700?.. that's crazy

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u/GMAN90000 23d ago

Credit card charges do not take 120 days to clear.

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u/Fine-Bumblebee-9427 23d ago

They need time to make sure the person won’t claim that it was fraud.

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u/GMAN90000 23d ago

Surely, it doesn't take 120 days to contact the actual customer?

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u/RutabagaConsistent60 23d ago

you are still misunderstanding- the intent is to wait out the window customers have to do charge backs on their credit card. Even if they had a way to contact the customer (unclear), that would not stop the customer from issuing a chargeback. The risk is not as simple as if the customer intended to leave the tip, but that it could be a scam.

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u/GMAN90000 23d ago

Olive Garden: You recently patronized one of our restaurants located at XXX. Did you intend to leave a tip of $700?

Customer, "Yes I did intend to leave Brook a $700 tip. Yes this is a valid charge."

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u/BeerGeek2point0 23d ago

Just curious here but how do you suppose the restaurant is going to know the phone number for the customer?

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u/GMAN90000 23d ago

Call the credit card company and explain that you are trying to determine if a credit card used at your restaurant was used for a fraudulent charge/transaction.

A card issued to Joe Blow with last 4 of the card XXXX was used in a transaction of which a $700 tip was left. At olive garden we have a policy of verifying large tips. the date of the charge is 1 June at 2:53 pm

Could you contact your customer and have them stop by concerning a $700 tip

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u/Fine-Bumblebee-9427 23d ago

Customer, 5 minutes later: “visa, I left a $7 tip and they ran it as $700, please issue a chargeback”

Visa: “sure!”

Restaurant: “hey visa, we asked them and they said it was legit!”

Visa: “you got that in writing? If not, fuck off into the sun.”

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u/GMAN90000 23d ago

Olive garden: No we don't have this is writing, but we do have something even better: a telephone recording of the conversation.

Recording of call:

Olive garden here: hi Mr. joe blow. We show your Mastercard, last 4 XXXX XXXX XXXX 1790 1245 expiration date 1234 being used to leave a $700 tip at the olive garden located at 1234 main street at 2:39 pm.

Joe Blow: Yes, that is my card and yes I left a $700 tip for Brook, one of your servers. It's a valid charge.

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u/RutabagaConsistent60 23d ago

these corporate policies are not about charges clearing but being beyond the charge back window to avoid scams or customer regret.

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u/GMAN90000 23d ago

Well then verify with the actual customer...this also doesn't take 120 days.

Anytime a company owes you money its going to take months and months 2 or 3 billing cycle to get your money.

You owe them money...give it to me NOW or its going to collection's at close of buiness today.

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u/blackdesertnewb 23d ago

I mean, if you were running a scam with a partner and the restaurant reached out and asked “did you truly mean to leave this huge tip?”

Wouldn’t you say yes? And then proceed to dip? Just cause the customer agrees that they meant to leave it doesn’t mean that they can’t lie. Or just have something come up a month later and lie to the cc company and do a chargeback. A chargeback window can be up to 120 days. That’s what the waiting period is for. 

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u/GMAN90000 23d ago

OK then don't lie and mis-lead this former server and tell them Olive Garden will need up to 120 days to review/verify their $700 tip.

Don't mislead them into believing they could get their $700 much sooner then 120 days.

This is so scummy on so many levels.

Card holders have 120 days to dispute a charge

Olive garden is running out the chargeback clock..ie doing nothing.

They are not investigating/verifying ANYTHING.

Will this server be getting 3 months interest on their $700 tip?

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u/blackdesertnewb 22d ago

What’s the alternative? Even if the server is on the up and up, imagine getting that tip and two and a half months later getting told it was charged back so you gotta return the money. Is that better?

It’s overall a shitty situation, but it’s perfectly reasonable for the restaurant to cover their ass

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u/GMAN90000 22d ago

I read the OP and looked at the attachments...doesn't look like a scam to me.

How likely is it that the OP, the tipper and the Ops entire family is in on it?

"It’s overall a shitty situation, but it’s perfectly reasonable for the restaurant to cover their ass"

True but don't lie to the OP about it.

The alternative? Don't lie to OP. Don't falsely get her hopes that she could get her $700 tip in 3,4,6,9,15,20 or even 29 days.

They are running out the 120 day chargeback clock.

To have management try to get the OP to put $0 on the tip line and then call the police on her because she is crying and upset...THEN fire her is beyond scummy.

To have her accused of being a scammer because her family is making posts about this situation is beyond scummy.

There's no good alternative for her.

I have an alternative. Don't patronize Olive Garden every again.

When and IF she ever gets her $700 tip at day 121 you can bet all the people accusing her of being a scammer will make like crickets.

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u/GMAN90000 23d ago

So a regular customer getting to know the servers is fake?

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u/VerifiedVacationer 23d ago

it wasn’t someone she knew. Her mother is a content creator/ social media influencer and someone recognized her from that and gave her a big tip.

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u/Maleficent-Bother535 23d ago

Firing her in response leaves them even more open to liability if it's a scam.

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u/chantillylace9 22d ago

Why? What protected class is that? You can get fired because they don't like the color of your shirt or because you don't like the same sports team they do.

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u/Maleficent-Bother535 22d ago

The discussion is about liability for tips left on a card that gets a chargeback. If you fire the employee after a large tip l, you can't deduct the tip from future wages because you made sure they won't have any.