Legal Question in Employment Law in Illinois

Waitstaff tips

Another waiter and I had worked a party last Friday of about 70 people. The party was set on one bill and the bill was given to the person in charge which he paid us immediatly (The bill clearly states that Tax and Gratuity was added allready), ontop of the accrued gratuity the man had also left an extra $150 for the other waiter and I to split, which is not uncommon at our workplace because we work a lot of parties.

Today the owner of the restaraunt got a phone call from the guy that was in charge of ther party and the guy explained that he was drunk and didn't mean to leave that much of a tip. So the owner paid the guy out of his own pocket and called the waitress and I in and demanded that we pay him $75 a piece or we lose our jobs.

The owner claims this is stealing from him.

Is this legal?


Asked on 9/01/07, 1:42 pm

1 Answer from Attorneys
Lisa Yee

Re: Waitstaff tips

It's not "stealing" which requires malicious intent but you may not want to fight about $75 each if the work is good. However it does seem in bad taste of mgmt to order reimbursement.

Read more
Answered on 9/07/07, 6:42 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Illinois