What to do about the overpayment of tips?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about the overpayment of tips?
I work at a restaurant, and last month they started to sell gift cards. The servers have to sell them as much as we can, and customers are allow to tip with the gift cards. Yesterday, the manager told us that for several weeks, the tips from the gift cards have been charged twice. X is the company that handles the computer system. The manager noticed that there was something wrong when she closed the selling report but they said that everything was OK. It has been almost a month, and now the restaurant wants to get the money back from the servers, money that has been already spent. re we as servers legally obligated to return the money, knowing that it was both X’s mistake and restaurant management’s?
Asked on December 15, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, a mistake does NOT entitle you to keep the money--if you were paid more than you were entitled to, you have to return it. It's no different than if you made a mistake and sent your landlord two checks for the same month's rent: the landlord would have to return one (or at least give you a credit for the next month's rent). The employer may legally require you to return the money.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.