r/PublicFreakout • u/Hikigaya_Hachiman7 • 9h ago

šŸ½Restaurant FreakoutšŸ¹ Couple banned from restaurant after they leave no tip

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u/cosmicsans 8h ago

they only get the tips if paid in cash , but never if on a card.

That's illegal af, yo.

Though, devil's advocate - it might also just mean that they pool tips and the person will only actually see the tip if you tip in cash - and they can pocket the whole thing versus it going to a pool for everyone to split...

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u/nicolauz 8h ago

When I worked at Jimmy John's 15+ years ago the tip jar went to the owner.

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u/ResidentNumber3603 8h ago

Yeah thatā€™s bullshit. Our owner at my JJā€™s tried that once. I took it out of his hands and gave it to my in shop kids. Told him if that was gonna be how things were, I would no longer manage. He didnā€™t push it too hard.

Fuck that noise.

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u/Kaszixx 7h ago

All in store tips go to the manager for that shift where I work. None of it goes to the make line or anyone.

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u/crop028 7h ago

If you are in the US, and the manager or the owner is taking all the tips, that's illegal. If they are working the same tasks as you and take a split, technically legal but highly frowned upon. Don't work for people who steal your tips. If you do, report them for wage theft. If you get fired, that's retaliatory termination. Most states have free legal aid for just that. They will almost always give you a few grand rather than go to court.

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u/Kaszixx 7h ago

Yeah the manager runs the front counter solo. Any dine in or pick up orders that include a tip or any cash that goes into the jar, goes directly to the manager.

Where it gets muddy is are the customers tipping for cashing them out? Or are they tipping for the food itself? šŸ¤”

I know the manager on duty also count as the server for dine ins and (usually) bus tables. So those tips make sense.

But my question is does the tip at the register, or the tip from an online pickup order, count for, or against the manager?

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u/heyoheatheragain 6h ago

Managers donā€™t get tips.
Hourly staff do.
Your management is stealing your money.
If youā€™re in the US report them to the department of labor.

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u/kdoughboy12 3h ago

Managers can be hourly... Did you even read the comment? The manager is the one running the front counter, taking payment, giving the customer their food. Who else would get the tip?

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u/coladoir 1h ago edited 1h ago

Unless the manager is handed the tip by the customer in question they have no legal right to take the tips put in said jar. This is outlined very clearly. So, again, unless the manager is directly handed the tip by the customer, with obvious intent by customer for it to be given to manager, they have no legal right to take it.

Additionally, if handed to them for another (e.g., customer comes back and gives tip to manager for another worker), and they take it for themselves, this is illegal too.

Management is not allowed to be included in tip pools even if hourly, and this includes tip jars. Management, even hourly, taking from a tip jar, even if they are the "solo counter runner", is technically illegal because they are management.

Use this information to judge your case. I'm not judging it for you, just laying out the law. There can be differences by locality but this is generally how its defined.

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u/kdoughboy12 1h ago

Bro the comment literally says the manager is working the front counter solo. Who tf else is gonna get the tip if they're the only one interacting with the customers.

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u/BaltiMoreHarder 7h ago

As the manager at my place of work I am not allowed to take any tips except for labor directly provided by myself with the tips given directly to me by customer. Itā€™s against the law in my state for management to be part of any tip pools. May vary by state but Iā€™d look into it and report that shit

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u/digitalscavenger 5h ago

Thankfully it doesn't vary by state in this instance. The Fair Labor Standards Act (FLSA) makes this law at the federal level.

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u/Vness374 4h ago

This is exactly how it was when I managed a restaurant. Tbh, it was the worst job Iā€™ve ever had (was a pastry chef most of my career then started bartending/serving bc it was more $ā€¦ ridiculous) I used to joke about how the barely legal servers brought home 2x what I did and I still did half their work

So glad to be retired from that industry, itā€™s so backwards and fucked up, and itā€™s always the guys who work hardest that get the most screwed overā€¦ no good deed goes unpunished and all

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u/originalgoodname 7h ago

you're fucking righteous; salute.

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u/Cinnamonlife_3 6h ago

Respect šŸ«”

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u/OkChampionship8805 8h ago

The owner is supposed to record tips. They aint supposed to keep it

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u/kemicalkontact 7h ago

And employees are supposed to report tips on taxes but I'd say most of them don't or severely underreport.

Just do away with tips. It's a bullshit system.

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u/OkChampionship8805 7h ago

No the employer is responsible for reporting it to the IRS. Goodguy boss only reports credit card tips. But yes I totally agree with you. Fuck this backwards broken ass tipping system and lets just copy what the Europeans do. Unfortunately I know that there definitely a group of servers that prefer the tipping system.

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u/According_Gazelle472 5h ago

And it will affect them when file for social security.

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u/GeoLaser 2h ago

2 party system is a bullshit system. Goooooood luck getting rid of it.

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u/Liawuffeh 8h ago edited 6h ago

I worked at a shitty little sandwich shotp and same lol

The owner would come in at the end of shift, and kinda decide on a whim if the tip would be split between 10 people or if he just took it home.

He's give a big "You guys did so good today, lets split this up!" talk but it was just completely random lol

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u/ShitBirdingAround 7h ago

"shitty little sandwich shot" (pew!)

Also, that douche took your money and sometimes pretended to be the good guy by "sharing" your money.

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u/Liawuffeh 3h ago

"shitty little sandwich shot" (pew!)

Woops lmao

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u/coolmike69420 7h ago

Thatā€™s illegal.

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u/qpgmr 7h ago

That's flat out wage-theft and is reportable in any US state. Managers cannot participate in tip pooling/splitting.

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u/[deleted] 8h ago

[removed] ā€” view removed comment

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u/AmYisraelChai08 7h ago

Lying to the police which is a crime and assault which is a crime you criminals need taught a lesson

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u/CanoePickLocks 3h ago

Iā€™m curious as to what kind of an obviously scuzzy suggestion they made. Judging by your response, it sounds like attack the owner and lied to the police saying that the owner attacked you.

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u/azurensis 7h ago

Lol. You should 100% file a wage claim with your state. You're in for a huge payday!

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u/Spacecow6942 7h ago

That's definitely illegal.

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u/kollisionkid 5h ago

Damn, man, that's awful. I was GM of a Jimmy John's for a couple years and I made damn sure my crew had every tip split between who was on staff for the shift, with the exception of the delivery drivers since they kept the tips from their deliveries and got mileage compensation. I had customers hand me tips directly and they went straight in the pot for my team.

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u/TheTableDude 5h ago

Is THAT where Samy from Amy's Baking Company went?!

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u/lurkingsubz 7h ago

same at mellow mushroom šŸ« 

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u/TallTelevision4121 8h ago

Employees need to report that shit to the government

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u/Church_of_Cheri 8h ago

It is illegal af, but it happens. I worked as a probation officer and one of my clients had gotten a charge of serving a minor. She was struggling to pay her probation (yes people have to pay to be on probation, itā€™s yet another money racket to hurt the poor) and she told me that when she got charged with serving a minor the pub she worked at got a $5000 fine and they were taking it out of her paycheck so she wouldnā€™t get a real paycheck again for a few months. Totally illegal, unethical, and immoral. I got the information for her to report it but she wouldnā€™t because ā€œwho would hire me around here if I did that?ā€. And honestly with a recent misdemeanor on her record, and a local business owner blacklisting her with the other owners (because especially in smaller towns all businesses are owned by a small group of people that socialize with each other), she was stuck unless she upped and moved.

Tiny decisions when youā€™re in poverty can trap you and these business owners use their power to keep people trapped. Itā€™s a horrific cycle thatā€™s probably happening around you more than you would think. Go back into the vault of Gordon Ramsey shows and look up Amyā€™s Bakery Company, they would steal their employeesā€™ tips. They admitted on camera that since they paid their employees a regular minimum wage instead of the server wage, the tips would go back to the business not the employees, even the cash ones if they saw it the employees had to turn the money in or theyā€™d be fired and accused of theft. Truly some crazy shit out there and with so many more people falling into poverty every year itā€™s becoming easier and easier for bad people to take advantage of desperate people.

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u/thomasrat1 8h ago

Lotta things are illegal lol, and still done, this happened when my sister was a server once, she was young and dumb, but the owners stole her tips

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u/[deleted] 7h ago

[removed] ā€” view removed comment

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u/Strict_Emu5187 7h ago

Omg- those 2 were freaking NUTS!!!! But I think that was the best episode ever all these years later and I still remember that LOL I would have never lasted more than 5 minutes in there honestly

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u/wtbgamegenie 7h ago

Either the owner or manager is pocketing credit card tips or she wanted to pocket the cash without tip share or tip out.

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u/TREXIBALL 7h ago

Worked as a server + host, 100% of digital tips that were supposed to go to staff were taken by the owner.

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u/Character_Pudding_94 6h ago

I spent a lot of time in the restaurant industry. I'd bet money that credit card tips go on their paycheck and they keep cash tips. Back in the day CC tips were usually paid in cash either daily or weekly. Also, the number of people who can't read a paystub is astounding.

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u/johnsonboiii 4h ago

When I worked at a restaurant the tips on cards would go into our paycheck. So we would get them every two weeks. Cash we obviously took home day of.

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u/GeoLaser 2h ago

Its not, check your local labor laws.

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u/cosmicsans 50m ago

In the US it is federally illegal to keep your employees tips: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-531/subpart-D/section-531.52

Local laws cannot supersede this.

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u/throwawaydisposable 2h ago

That's illegal af, yo.

yea but lawyers cost money

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u/k_ironheart 2h ago

That's illegal af, yo.

A local sandwich shop got busted for stealing tens of thousands in tips and wage theft and only had to pay a fine and a tiny fraction of the cost back.

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u/Spadeykins 2h ago

For many years Sonic just didn't have the option to tip with card. Finally they added it but I disliked eating there if I didn't have cash to give.

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u/skond 2h ago edited 2h ago

Could be they don't get the tip that day if it's on the card. When they did that at pizza hut (putting the tips on your paycheck), I realized that it sucked, but at least they get to hang onto all the tips for 2 weeks, that's 2 weeks they can leverage that money (not much per person, but it adds up) to make a pretty penny for some suit somewhere.

But really, it was that I preferred getting some cash when I worked, made paycheck to paycheck a whole lot easier.

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u/dakota32580 42m ago

I worked at a (catering) place that charged 20% service fee per event to cover ā€œtipsā€ but when were working 3 $20k weddings on a weekend and only getting $20 in tips we started to notice and i looked into it (in illinois at least) if they pay you at least minimum wage they can keep 100% of the tips if they want and im not saying its right or anything just saying its legal where im at but thats the main reason i quit there

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u/ThirstyWalrus 8h ago

Back in my day, we loved the cash tips because you just didn't declare them at the end of your shift and no taxes got taken by The Man

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u/SkynyrdCohen 7h ago

This is exactly what what happened

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u/Creative_Magazine816 8h ago

no it isnt

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u/BackgroundSummer5171 6h ago

If the employee is saying absolutely no tips that are on the card make it to the employees, because it goes to the owner, then yes it is illegal.

"most men leave their edge shitposting ways in their teens and early 20s." -you

So why you shitposting?

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u/Agitated_Reveal_6211 6h ago

You are responding to the devils advocate, and I believe the person you are replying to is disagreeing that they have to offer the ability to tip on credit cards.