Is it legal for a manager to keep the tip left by a customer for a server off of a comped check?

Question

Last night the manager at my restaurant comped a $250.00 bill because the customers husband had passed away the night before and their food took one hour. It was an extremely busy night and they were prewarned that the food would take awhile. The table felt bad for the server and left her $20 in cash and then purchased a soda so that they could leaver her another $20 on a credit card. The manager made her give him the $40 tip because he said the restaurant should get the tip since the bill was comped. When the paper work was being done at the end of the night the manager lied to the person who did it and told him that it's only right that he keep s the $40 tip since he had to comp a $450 bill (I saw that the bill was only 250) but that is not the point, the point is that the manager made the server pay for part of the comped check. It doesn;t matter where the money came from, she still had to pay out of her own money. Is this legal? I really do not think that it is, but I am still wondering. THis situation is bothering me deeply... Please only answer if you really can offer some assistance. I know this situation is screwed up. Thanks for your time in advance...

Answer 1

It is illegal, the manager is not entitled to tips left for the employee.  The restaurant has no right to the tip.  Speak to the state labor board, and ask what procedures should be taken.  Likely that manager has taken tips belonging to other employees.

Answer 2

The money is for the server(s) only.  Management has no right to it.  In fact, it is out right theft.  I would have the server tell management to hand it over or they will go to the police and report them.

Answer 3

Absolutely wrong. That money was left for the server, not the manager. Try to speak about it to the other servers and watch if this is a pattern, that manager has probably lined his pockets before at the expense of the front-line personnel. Try not to put yourself out there over this, try to get a mini-union front going with a POLICY spelled out for all over such things.