Can a manager at a restuarant write you up if someone walked out on a bill, if it wasn’t your fault?

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Can a manager at a restuarant write you up if someone walked out on a bill, if it wasn’t your fault?

A table came in and paid $170 of their $220 bill on one card and said they would pay the rest cash. However, they left without leaving the cash. When I told my manager, she said she was going to dock me for it since it was to big of a comp. Can they do that if there was no way it was my fault?

Asked on July 15, 2012 under Employment Labor Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 11 years ago | Contributor

It is illegal for the restraurant to dock your pay or make you pay the difference.  They are allowed to write you up for anything they feel doesn't fulfill their expectations of performance.  So--you can't really fight the write-up, but if they are making or asking you pay the difference you need to contact the local labor commmission and they will render the situation.  I would look for a new employer who is more reasonable.


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