Am I responsible?

About 3 days ago I was waiting tables and a customers bill was $8 and some change. The customer paid by credit card and wrote $100 as the total. I show the owner and his son the signed slip and the amounts. yesterday the restaurant paid me all my tips including the amount from the signed credit card slip, however today the customer returned and wanted her tip returned. Now my direct manager is wanting me to return the check they paid me. My manager has also texted my phone telling me I would be facing credit card fraud charges. Am I required to return the money just because the restaurant gave the customer a refund or am I in the clear because I have already cashed the check.

Asked on March 7, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Cashing a check does not entitle you to keep money paid on error (such as, for example, by accidentally  adding another 0 to the slip). The law is quite clear that errors do not give a right to money paid in error. So if the slip was, as appears to be the case, filed out in error, you would have to repay the money.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Cashing a check does not entitle you to keep money paid on error (such as, for example, by accidentally  adding another 0 to the slip). The law is quite clear that errors do not give a right to money paid in error. So if the slip was, as appears to be the case, filed out in error, you would have to repay the money.


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