Legal Question in Business Law in Florida

Up until a few weeks ago, I was a server at a restaurant. I was terminated for adding a 10% discount onto guests' checks after I had authorized their cards in order to give myself a better tip. The total of the customer's check remained the same, the only difference is that it was more money in my own pocket. Upon termination, they told me that each time I did that was a count of fraud which, if I had known, I never would have done it. Now I have heard that they plan on pressing felony charges.

Can they do this? What kind of repercussions will I be facing? And what counter measures can I take?

If it matters, I am not the only person who has done this. 23 other (now former) employees have been let go for the same reason.


Asked on 12/05/13, 1:40 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

"the only difference is that it was more money in my own pocket."

Not true. It was also less money in your employer's pocket. Taking money from their pocket and putting it in yours is theft. (Depending on how you did it, it might also be fraud or even wire fraud and/or bank fraud.) Each time you did it, you committed a new crime.

It's hard to believe you didn't realize you were committing crimes, even if you didn't know precisely what you might be charged with. But even if you really didn't know, that is beside the point. What matters is whether you knowingly committed the acts you're accused of, not whether you knew they were crimes or what crimes they might be.

You could be looking at a long prison sentence, though that would depend upon how many times you did it and how much you took, among other factors. That might or might not be a likely outcome, but it's at least plausible.

Does it matter that other servers did the same thing? No, unless their actions might have led you to believe it was OK. (That seems doubtful, but it might be arguable.) Many of your former co-workers will likely be charged too.

You need a lawyer right away. And you need to stop talking about your case with anyone else.

Good luck.

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Answered on 12/05/13, 2:32 pm


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