What to do about the overpayment of tips?

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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 9 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.


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