Can a restaurant ask a server to pay for a mistake on food?

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Can a restaurant ask a server to pay for a mistake on food?

I make $2.13/hr and have signed a form stating my company claims the maximum tip credit of $5.12/hr. Can they make me pay for plates of food that have to be remade because of my error? After doing the math for my shift I still walked away making $11/hr for the shift with wages and tips.

Asked on August 22, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They cannot simply withhold or deduct money from your pay without your agreement or consent. On the other hand, if they believe that your error cost them money and you are unwilling to reimburse them that cost, they would be entitled to terminate (or suspend) you. So you could theoretically keep your pay, but lose your job, if they fire servers who cost them money and who do not make good the loss.


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