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Are the same laws in place for a waiter adding tip on a gift card as a credit card...

2,563 Views | 12 Replies | Last: 7 yr ago by montanagriz
kevmiller
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I know laws are pretty steep for waiters/waitresses adding themselves an unauthorized tip on a credit card.. What about on a gift card?
Long story short I received a gift card and only used it once for a small pickup order at a restaurant. Went back to said restaurant tonight and used the card again and the total was $10 less than it should of been... So the guy working pickup orders the 1st night I went decided to give himself an unauthorized $10 tip.
AgLaw02
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AG
The law doesn't matter for a $10 dollar violation. It's not like you're going to sue him or get the cops involved. You can talk to a manager about refunding your money. This will also alert management about a problem employee so they can take appropriate action.
LJF78
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AgLaw02 said:

The law doesn't matter for a $10 dollar violation. It's not like you're going to sue him or get the cops involved. You can talk to a manager about refunding your money. This will also alert management about a problem employee so they can take appropriate action.


Pretty sure an unauthorized tip on a credit card is a federal crime no matter the amount.
Gift card not so sure
AgLaw02
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AG
Well yeah, that's technically right. He can call the cops and file a police report if he really wants to, but that seems like a waste of everyone's time. How do you think that's likely to end?
agdad4x
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I remember once adding an $11 tip to a $60 tab - when the credit card came in the amount on the bill was over $100 - the waitress changed the 11 to 44 - I could not remember what the heck i charged for $104 - for once i kept the ticket and got the charge reversed - I wonder how often this happens and is not caught??
62strat
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AG
LJF78 said:

AgLaw02 said:

The law doesn't matter for a $10 dollar violation. It's not like you're going to sue him or get the cops involved. You can talk to a manager about refunding your money. This will also alert management about a problem employee so they can take appropriate action.


Pretty sure an unauthorized tip on a credit card is a federal crime no matter the amount.
Gift card not so sure
Hah.. ok then OP, there you go, here's your answer. Take the guy to court, get your $10 back, and put that guy in federal pound me in the ass prison!
Squirrel Master
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AG
Are you certain that your gift card doesn't have any "maintenance fees" or other bs attached? Has it been awhile since that first transaction?
lotsofhp
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AG
agdad4x said:

I remember once adding an $11 tip to a $60 tab - when the credit card came in the amount on the bill was over $100 - the waitress changed the 11 to 44 - I could not remember what the heck i charged for $104 - for once i kept the ticket and got the charge reversed - I wonder how often this happens and is not caught??


Really makes you think. I never go and double check my statements to make sure everything jives
Tamu12
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AG
As a restaurant owner I can tell you that I or someone I trust put the tips in at the end of the night to make sure my servers aren't doing such things. Also, always make sure to zero out your tip line if you're not leaving a tip on the credit card and if you do make sure to add the total correctly. You wouldn't believe how many times people fill in the tip and add wrong, makes me wonder about people
Aggie09Derek
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AG
Any chance the person just hit the wrong key twice - the 4 is right below the 1. Not sure how most payment systems work, would they also need to verify the total perhaps?
agdad4x
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Credit Card sent me a copy of the receipt - the 11 was absolutely changed to 44 - and total on the receipt was changed to reflect the change
Aggie09Derek
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AG
Oh wow. Figured I could have just been put in wrong on machine when entering.
montanagriz
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S
Visa Gift cards automatically add tip to total when dining out. This happened to me months ago and i talked to a manager about it. The server did not just add money to it for themselves but i suggest you call up and speak with a manager about it
montanagriz
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S
I see this was posted a long time ago. Wonder what the outcome was for op
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