Legal Question in Employment Law in Florida

If a guest over tips, does my boss have the right to make me pay it back?

I work at a very well known internationally steakhouse, and a few nights ago a co-worker and I split a party of 16. We gave excellent service, and before presenting the check, we must stamp the check showing that parties of 8 or more has an automatic gratuity added. The stamp is in red, and clearly shows the original total, the gratuity added, and the new adjusted total. My co-worker even circled the new total, and then presented the check to the guest. To our surprise, the guest left us more of a gratuity on his credit card slip. Now, two days later, my boss calls me at home explaining that the guest is contesting the additional gratuity because he said he wasn't aware it was already added, and now my boss is making me and my co-worker pay back the tip or we could lose our jobs. Speaking on both of our behalfs, we both could use that extra money, she is a full-time student, and I am a mother of 3. It is clearly printed on the bottom of our menus and we did what we are trained to do which is to stamp the back of the check showing the added gratuity. Can my boss make us pay back that tip? Could we lose our jobs when I know we did it right? Help me please.

Thank you,

--name removed--G.


Asked on 5/10/01, 12:29 pm

1 Answer from Attorneys
Frank Shooster Shooster Kahn & Kleinman, P.A.

Re: If a guest over tips, does my boss have the right to make me pay it back?

The short answer is Yes, the boss can require you to reimburse him, if he had to reimburse the customer. Frankly, the check should be stamped on the front, not the back, so the customer isnt confused.

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Answered on 6/27/01, 5:20 pm


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