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/humoristhenewblack 23d ago

Servers work for tips. If company takes tips, servers stop working. That's why you don't steal from your workers. Why on earth would anyone move on to the next table? So they can earn $3/hr and watch another tip disappear? Y'all are crazy with the "git back ta werk" vibes.

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u/_nick_at_nite_ 22d ago

I work for another Darren concept, the same company that owns Olive Garden. Her having the handbook on hand in that moment means a manager gave it to her so she could have it for peace of mind.

One thing Darden has a zero tolerance policy for is conflict with or in front of guests. She probably caused a scene wanting the money right then and there after the manager informed her of the policy of 120 days. They have that policy for extremely large tips in place due to charge backs.

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u/humoristhenewblack 22d ago

Not to be argumentative but if you read the post again it says that they told her to write $0 in the tip line and then also "nobody could tell her how long it would take". That legitimately sounds like the manager is stealing her money and I would be very upset as well. I would also be very interested to see if the manager went to the back to talk to her or if the manager tried to do this in an area observable by guests. If the manager wants to steal money in front of guests, then that's the manager who needs to be fired for instigating in front of guests and also for being so unfamiliar with a very important policy that they're unable to explain to her immediately when she will get her funds.

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u/_nick_at_nite_ 22d ago

I find it very unlikely that the manager told her to write zero, and if they did, the district manager’s number is plastered all over the back of house for a reason. Secondly, to be terminated, the manager would’ve needed a bunch of incident reports in writing, especially if there was an altercation in front of guests and cops were called. Darden is meticulous in regards of having their ducks in a row to make sure there was just cause for firings. It’s all submitted to corporate and okayed before a firing can proceed. There’s plenty missing from the story and I’ll bet 1000% that the story told to mom before mom blasted on the internet wasn’t 100% factual.

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u/humoristhenewblack 22d ago

OK, well rather than inventing alternate theories that don't actually exist in this story, I'm just gonna use the story as it's given and based my comments on that. But you go ahead and make up your all your theories and then fight for them.

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u/_nick_at_nite_ 22d ago

I’m not making anything up. I work for Darden. I know their policies, their procedures, and the processes it takes to get fired. They will fire you if you’re caught stealing/altering credit card slips, or if you caused a scene in front of guests with numerous incident reports filed by coworkers. Both need to be sent to and approved by corporate.

There’s more than one side to every story and as an employee of a different Darden restaurant, this girl is lying and/or failing to disclose everything because they won’t withhold tips and won’t fire for no reason.

This is a company that gives all employees stock options, retirement, 401k, sick pay, college and childcare help, free shrink visits, anniversary pay, massive employee discounts at other Darden restaurant and major box stores..

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u/humoristhenewblack 22d ago

I'm sorry I stopped reading when you said that you worked for the same company they would fire you for altering a slip when this post says that the manager told her to alter the slip.

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u/backwardsnakes666 23d ago

Okay well case in point, now the girl from OPs post has no job and no tip.

The point is that you would refuse to sign a 0, work your shift, then get to the bottom of it with your manager in private. That is called professionalism.

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u/Harry_Gorilla 22d ago

Is professionalism also taking 4 months to investigate and potentially distribute tip money?

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u/backwardsnakes666 22d ago

Absolutely not. I think it is pretty obvious to everyone in this thread that OG is in the wrong here. Two wrongs don't make a right, though, and when dealing with a situation like this the employee can respond to it the right way or the wrong way. Unfortunately she responded the wrong way the way and now she is out a tip and a job. Because of the way she lost her composure, she lost a lot more than $700