I am a server and had a table walk out without paying their tab- can my employer garnish my wages to cover it?

Question

I refuse to pay for the 'walk out' and am willing to quit/ be fired because of it. I'm wondering if my employer can garnish my wages....I was told it's illegal but I just want to make sure.

Answer 1

I am not sure of where you live, but the state I live in, you have to take someone to court and obtain a Judgement before you can garnish someone.

Answer 2

Your employer cannot take the shortage out of your pay unless you are guilty of gross misconduct or neglect.  For instance, if you left a register open in front of customers and walked away, and then there was a $100 shortage, you'd be liable.   However you can't be held liable for thieving customers who didn't want to pay for their meal.  Each state has laws covering this issue, so do a search for your state to get clarification.  Show it to your employer.