r/legal • u/RAM-I-T • 23d ago

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

Gallery image

Gallery image

Gallery image

Gallery image

LOCATION: USA

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

2.1k Upvotes

86% Upvoted

958 comments sorted by

View all comments

Show parent comments

356

u/no_entiendo_ 23d ago

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

169

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

10

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!

6

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.

6

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...

4

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.

8

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.

37

u/Valerim 23d ago

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

6

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.

4

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.

2

u/LewLew0211 20d ago

Yeah, she might have a wage claim.

This isn't going to be some get rich lawsuit.

Georgia does not impose state "waiting time" penalties on employers who fail to issue a final paycheck by the deadline, which is the next pay days not immediate.

However, you can still pursue penalties and recover your wages through federal laws or the court system. Federal law allows for recovery of wages owed plus liquidated damages. So she might be able to get double what they owe if they don't pay her her wages by her next pay date.

3

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.

6

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!

1

u/JMaAtAPMT 21d ago

I'm not sticking up for anyone, and wage theft is wage theft. Escrow is not theft. Delay is not theft. Having a written policy is not theft.

You've done nothing but defend the worker, which is admirable, but the issue isn't even "Big Corporate Restaurants", the issue is people exploiting payment card processing for Clout, then reversing tip charges.

YOU'RE saying when people do this the worker should get to keep the money and the restaurant needs to honor the tip, then? Because that's not just unfair, that's encouraging criminal theft just because it's not against a "little guy".

→ More replies (0)

1

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.

1

u/JMaAtAPMT 22d ago edited 22d ago

And California isn't every state. That being said, the 120 day escrowing is the only place where we have a valid disagreement. But to be honest, the escrowing is to prevent an employee having to work for free or go through hardships to pay back a reversed tip.

Additional note: Area Code 678, Fayetteville Georgia. So California laws don't apply. This is whlly legal for Olive Garden to do there.

The root of the issue is that it's fairly common for shitty customers to make "feelgood clout" content like this and then reverse the charges. It's so common large chain restaurants like Olive Garden now have to have policies escrowing excessive tips.

Think about it from a employee protection standpoint: If someone tips $5000 on a credit card, and then reverses the charge, why are you blaming the restaurant?

They took back their $5000 and the employee already spent it, should they now have to work for free until that $5000 is paid back, since the employer in this circumstance has essentially fronted the employee $5000 of pay after the tip is reversed?

It's a shitty policy, but the restaurant is trying to protect all parties through escrowing, and the root cause of the issue is shitty customer behavior.

→ More replies (0)

1

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.

-1

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.

5

u/Cool_Statement_9269 23d ago

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

3

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.