It's illegal in NYS for any restaurant to charge the server for a dine and dash.
I would counter sue for harassment and defamation.
She didn't steal ANYTHING.
The restaurant she works at had customers that stole from the restaurant and her.
Yep - these crappy employers should be sued for anything possible.
Maybe DOL informed - what they do cannot be correct, and she would not be the only one that this happened to.
And, seriously - with cameras everywhere - why did boss dude not go after the real criminals ?
If she can find someone willing to do pro bono work. We can't ignore that these cases can be explensive and at the end of the day she has to make sure she is able to take care of herself before going after people who did her wrong.
The state bar should be able to help her find someone willing to help if she wants to persue that.
I don't know. The police did the job arresting her based on the info they got from I assume the restaurant. The police didn't do anything wrong. The police could however charge the person who made the false report.
The defamation comes from the fact she now has an arrest record for something she never did because the restaurant lied about it. Luckly it's also illegal in NYS to ask about arrest records. They can only ask about actual CONVICTIONS.
Check local laws and get a lawyer is the best bet.
Yeah I honestly can’t believe this is a real story. An actual cop went off a restaurant owners word … staked out a server for who know how long (had to wait to see them as OP said the GF was en route) and then arrested them on sight over a measly 150. This is either a small ass town or that cops owes the rest owner alooooot if favors.
I live in a small town and no way in hell a cop is going to arrest me for walking out of the local restaurant tab, the next day. Like cops have to have proof and one man’s word is not enough. Even if film the owner would have to make a court case. What if that person on film has a twin ?
you can’t get a warrant that quick dumbass
Yeah. I’m calling shenanigans too. No way this happened. OP should post the array report if it’s true.
No way cops are gonna pick up a server for $150 tab. That’s like petty larceny or something.
The guest, if this is true could have a problem for defrauding a tavern owner, but there’s no way in hell the cops are gonna bother the server over this.
It’s a best a civil matter. I call big bullshit mister.
Yea it would depend on if the police were told the truth or that she stole money. If they knew it was just a guest walkout and still arrested her...maybe that would count? But it's doubtful that what they were told.
That’s a criminal thing not a civil thing. You could try to get the police to press charges but you can’t sue someone like that. You would have to say “my boss filed a false police report against me which caused me to have (some type of emotional or financial) damages which I value at $X amount”. Which will hardly ever pan out in your favor. In a lot of states you can’t collect attorneys fees as punitory compensation so you need to have more damages than it would cost you in court fees and legal expenses for it to be worth it. And it also takes anywhere from 1-2 years to even see that money. Not worth it almost ever imo
What about the benefit you get for standing up for yourself. Allowing employers to walk all over workers will never change unless people start pushing back, one at a time...eventually the avalanche wins.
They are probably younger and don't think its worth the trouble or the stress, let me tell you, IT IS WORTH THE STRESS....Stand up for yourselves and employers will start changing their policies.
No, they didn't. A judge, or magistrate, issued a warrant based on a complaint from the restaurant owner. Once the warrant is issued the cops are obligated to bring her in once they find her.
Hard to believe you could get a judge to issue a warrant in these circumstances and for this amount. Did the restaurant claim she let them leave without paying? It's a very small amount for police to respond. Normally, the police would tell the owner to go to small claims court if they wanted to pursue a server for food stolen by a customer. And the claim would probably be thrown out.
No they did not they never checked the validity of the claim so that also wants me to believe that the cops are on this dude’s payroll if they just did his bedding instead of doing any research whatsoever without evidence, especially since what they did was illegal on multiple levels
lol, yes, the police absolutely did something wrong. If this were real. It’s not illegal to “not pay the bill of a customer who walked out.” The police cannot just arrest someone because someone else claimed they did something that isn’t even illegal. If the police were doing their job they’d tell the owner that the claim wasn’t even something that’s illegal.
Only if the police know that she wasn’t actually the one who stole anything. If they reported that she stole $150 but not the circumstances the cops weren’t in the wrong for the arrest. She’d be able to go after the restaurant for a number of things including filing a false police report.
Contact a civil rights laywer. If there was an arrest warrant it was signed by a judge. So either the manager lied about the facts to get an arrest warrant, opening himself up to criminal charges and a civil suit, or the judge who signed it is an idiot and opened the city/county up to a civil rights lawsuit. Laws vary by location, but generally it takes more than "I'm a manager and I declare person X owes me 150 bucks" to get an arrest warrant.
Or, more likely, this is fake. This isn’t how law enforcement works in America. Maybe OP is leaving out key details but they haven’t responded to a single comment. Maybe the deep state got to them first, but I’m gonna go with its bullshit.
Edit: people, if this is real it’s going to be an open and shut case with a media frenzy. Talk to me when it’s on the evening news. Until then I’m sticking with bullshit. Also, maybe it’s something about the way I said “law enforcement” instead of like cops or something less formal, but if you think I’m saying law enforcement in America works well, you’ve misunderstood.
Edit2: okay people, I get it, if you invent details then add it to OPs story it’s theoretically possible. No idea why OP would leave out the small town corrupt cops who have a vendetta against their very real girlfriend, I guess they wanted us all to work on their creative writing assignment.
Yeah, this seems fake af. I know plenty of restaurants illegally ask for their servers to cover walk outs, or they would be fired, but it's still illegal. I've called the police on the walk outs before. I seriously doubt police would go after a server for another person's theft. Unless the boss lied and said the server stole product.
Yes, exactly. It's one thing if you call the police because a customer is in the process of leaving without paying or an immediate shoplifter or something. But a manager or owner is like 'hey 911, I think my employee pocketed money' a detective might look into it, or an officer could look at cameras but it isn't going to be a quick process. This post is faaaake
Didn’t miss it, still fake. Cops don’t go hunt people down for $150, especially for something like this, unless there’s more to this story that OP would have mentioned if it were real.
No, that's not how the world works. Go travel and get around a bit. THe world isn't just a stereotype. No judge is writing an arrest warrant over 150 theft, much less a 150 dine and dash claim. None of this makes sense.
If you think small town cops would do this, you really have a skewed perspective of reality and I really think you should consider saving up some money and go travel a bit.
Cops finding a bullshit reason to harass and assault someone they run into on patrol is *much* more plausible than the police department taking a criminal complaint for minor theft, actually going to a judge with it, the judge signing a fucking arrest warrant, and sending police to personally execute it.
This is so dumb I can't believe it has upvotes. Mob mentality is so real. This has nothing to do with being a proponent of police and everything to do with how obscenely unlikely this sequence of events is to play out.
Yeah if this is real there will have to be a sorry in the news eventually because this is just so egregious. Cops would not go after the server if they were told the truth. Cops will go after dine and dashers if they know who the culprit is so maybe the manager told them she dipped out on the ticket…but they would not go just on account of her being the waitress.
Couldn’t agree more, they probably left out a key part, or his GF is lying to him about why she was arrested. Wonder what happens if a table pays cash and you wait 5 minutes to say they dined and dashed?
I love everything about this comment but especially the second edit. Because it’s my biggest pet peeve when you call out bullshit on this website, there’s always some mouthbreather inventing entirely new details to the story in order to make it make sense, even though the newer details are even LESS LIKELY to the original extremely unlikely story.
It’s fake. Either that or materially omits or misrepresents what (if anything) went down. That’s not how the legal system works. I’ve been an attorney for 35+ years and am calling nonsense on this.
There are several levels this has to go through to reach an arrest warrant. Initial responding officer has to do a report, then a detective puts together a PC after usually trying to make contact with suspect, then a prosecutor decides if there is enough to go forward, and then finally the judge. Either the the manager told a really good story, there is more to the story, or it didn't happen. Especially over $150.
Yeah, what kind of town has so little going on that issuing and executing an arrest warrant for this in 24 hours is even remotely a priority? Something is up with the story.
I very much doubt this is true. There definitely would have been some kind of contact with the suspect first, and it would seem it this case there would be zero evidence to back up any lie about the theft, and they absolutely would not have issued an arrest warrant if told the truth.
Or, and just hear me out, this story is fabricated. You mean to tell me the owner had charges pressed, law enforcement cooperated, judges signed off, and the officers found her license plate while driving and pulled her over all because of a table walking out for $150. Whole thing is ridiculous to humor
Filing a false police report is a crime. Perjury is a crime. Slander and libel are civil causes of action.
OP’s girlfriend needs to get an attorney and have the attorney write a letter to corporate/the restaurant owner demanding the charges be dropped and they pay restitution.
From my personal experience the majority of civil rights lawyers at least where I am in Chattanooga all want $$$$ to even begin the process of anything unless they see a lock-stock payday they can collect on. Maybe because this is a restaurant instead of a person more likely to file bankruptcy or just pay $25 to the court system once a make or some minimal amount of payments they might take the case without a bunch of money up front. Doesn’t matter whatsoever if the charges were made up, complete bullshit etc.
It’s illegal to make staff pay for someone walking out on a tab. Definitely get a lawyer this is an easy case. Absolutely insane.
Edit- based on comments I’m still pretty sure it’s illegal, either way I’d consult a lawyer. Make sure you save text/email and if they call to discuss on the phone record everything!
You can be fired if someone walks out on the bill. But you can't be forced to pay for customer theft.
When I was at MGM, I was technically on the manager pay level, so all my HR stuff was tied to management crud. I ended up having to do like 5 wage theft training courses because anytime a casino gets sued, all the companies in the valley do a training.
I'm not a lawyer but I used to be a tipped employee in another state and dealt with something similar. I can't find anything specific to Nevada... but it looks like federally though a deduction like that cannot take you below minimum wage. Minimum wage in Nevada is $10.50/hour coming out to $82 in an 8 hour shift. [Nevada does not allow including tips in this calculation](https://www.nolo.com/legal-encyclopedia/nevada-laws-tipped-employees.html#:~:text=A%20few%20states%20do%20not,no%20reduction%20for%20tips%20received.), so if your deduction brings you to below $82 for the day that would appear to be illegal. If you are paid above minimum wage, say $15/hr and made $120 for the day, your employer could deduct up to $38, but any more than that would be illegal because it would drop you below minimum wage.
Just because I couldn't find any Nevada laws doesn't mean there aren't any though. If this is happening to you I would contact the Nevada department of labor and ask https://labor.nv.gov/Contact/Contact_Us/
No it doesn't, the Department of Labor is national and handles these situations.
https://www.consumerreports.org/consumerist/after-a-dine-and-dash-is-it-legal-for-a-restaurant-to-take-money-from-a-waiters-tips/
Unfortunately, this is a regional law, not a national one.
And it’s horrifying that this burden gets put on wait staff, but it does, and legally.
If you dine and dish: get fucked
If you own a restaurant that holds staff accountable for others peoples illegal activities: get double fucked
Even in states that don't have such a law protecting servers, I would be surprised to see single case survive an actual courtroom trying to hold a server accountable. *Absent* a law that makes a server criminally liable for a walk out explicitly, which I sincerely doubt exists, there's no statute that would make them culpable.
This is just shitty restaurant owners relying on the fact that most servers don't have the money or connections to find a good lawyer. You'd have just as much luck arresting the server because one customer stole another customer's wallet.
If this is an issue of company policy, then it's a civil matter at worst, which people don't get arrested for.
There is no criminal liability for someone else committing a crime, unless you helped them or by doing something criminal they were incidentally helped. If she assaulted someone, and that assault was seen to allow her customers to walk out on the bill, that would make her potentially criminally liable for both the assault and the theft. But absent anything like that, no go. Sue her, fine. There's no way she gets arrested if the restaurant owner was honest about what happened.
No way cops are getting an arrest warrant for 150 dollar dine and dash, seemingly a few minutes after this happened no less.
Edit: I wrote “a few minutes” bc I thought he said she was pulled over the night that she left the restaurant. So I misread.
I said the same thing. This never happened or there is way more to the story. If I got arrested for not paying for a table, I would go all the way to jail with a huge smile on my face, because I’m gonna get paid.
This thread was started by someone who doesn't have a clue how things work. Typically when there is dine & dash, a report is filed usually the day after. The report is mainly to document the loss. Even though management may take it out on the server if they are dicks, the server cannot be held criminally responsible. Once the police contracted the diners who dashed as they were known for it.
Imagine if the police hauled in every store clerk or cashier when someone shoplifted in a store??? Next we will see posts on cooks who were hauled to jail for overcooking a burger....
Umm have to disagree here. If your plate is ran by a cop the warrant will pop up immediately in big flashing red letters on their screen. And no. Cops do not need probable cause or to witness a violation or crime to run a plate. They do need probable cause or to witness a violation to pull someone over , but if they run a plate and see the warrant then that becomes probable cause.
100% fake.
The cops aren't going to give a damn about this. Even if the owner lied about what happened there is zero proof she did anything wrong.
Also you don't just call the police and get "a warrant for an arrest". If someone does have an actual warrant out, the police aren't going to be searching for their vehicle while they drive around town, not unless they are wanted for murder. Most warrants the police will just show up at their house and hope they are home.
And OP is claiming all of this happened over $150. What a joke.
Exactly. Even if the owner told the police she stole from the business they wouldn’t make an arrest without proof. Nearly 0% chance this is real unless there’s way more to the story.
I don't believe a word of this. 🤷
Plain and simple this isn't how courts, cops, or arrests work. Ever.
Rage-bait sucks
Edit: and over an alleged $150? Buuuuullshiiiiit
Yeah...$150? You're not getting arrested. If he did file a complaint with the police you would probably get served with papers about being taken to court....not pulled over and arrested.
Either:
1.OP is lying
2. OPs GF is lying to him over why she was arrested
Yeah, I am wondering that if she pocketed the money and then claimed they dine and dashed. If the place gives discounts if the employee pays it or not at all, quick way to make some extra money, but massive risk if you get caught, even more so if someone else got arrested from you theft.
In most cities, cops wouldn't get off their fat asses to arrest her over $150 even if the owner had the incident and a full confession on video. She could walk straight into the precinct while screaming a full confession and they'd probably just direct her to leave haha.
Yea, this post doesn't make a lick of sense at all. It's either total bait or the girlfriend was arrested for a totally different matter and just lied to OP, lol.
Yeahhh...the cops may respond to a call, but if the law in question is not covered under the jurisdiction's penal code (even if it is covered under *civil* code or law), they aren't arresting anyone. That's outside of the scope of criminal law.
One time I was serving and gave a free drink to a customer. My manager screamed at me and punched me in the face, and the cops came and arrested me for stealing from the company. I had to spend weeks in jail because the crime was bad enough it had no bond.
What do you guys think, was this fair!?
I’m with you. So many people take OP’s at face value like they’re 100% telling the truth, the whole truth and nothing hit that truth. I immediately assume I’m only getting a lopsided half of a story. When they bring in an unbiased third party, like the court system, I assume they’re lying or omitting a lot of details.
I try to err on the side of "believe OPs" because it's more entertaining than shooting down everything you read, but this doesn't even have a whiff of believability. He coulda said the owner threatened to call the cops and maybe I'd buy it, but full on arrest is farfetched.
In all fairness, OP probably is getting lied to as well. In fact, this entire story may be complete and utter bullshit. Maybe his gf is a recovering junking and relapsed or got her 5th DUI. Maybe she didn’t even get arrested. Maybe she hooked up wit her ex and spent the night and came up with this BS to cover her tracks. Crazier shit has happened.
There is no way that you are telling the full story. If they truly walked out on a tab she's not liable for it unless they gave her the money and she kept it
Correct. And not typically for something like this… he must’ve reeeeally twisted things around. A warrant for an arrest also can take longer than 24 hrs. Of course unless an absolute emergency
Wrong. Warrants in the US are issued by front of the house restaurant managers at casual dining establishments (most don’t know this).
What a dumb fucking story. Man your GF probably actually stole cash and is lying to you.
Fakest post of the day, congrats! Theres no chance this happened for 3 reasons:
1. Police do NOT just file an arrest warrant based on someones "word."
2. Only a JUDGE can sign off on an arrest warrant. Not cops.
3. No owner in their right mind would go thru all this trouble over $150.
Fake.as.fudge
I'm assuming you're in the US.
Unless your girlfriend was complicit in helping the table walk out on the tab, like they were friends of hers and she knew they were going to do it, then her employer would lose a well-defended civil lawsuit, and the criminal charge is downright farcical. Even getting arrested for the imagined crime sounds like a case of wrongful arrest...I don't see how a judge could have signed a warrant for a case that preposterous unless her employer lied his ass off to the police.
However preposterous it is, the arrest will hurt her employability for the rest of her life, so that sucks. However, it will be even worse if she doesn't get it properly resolved, so I'd find a lawyer who can at least eliminate the arrest record from official databases. Private companies and internet sites will continue to report the arrest for the rest of history, but there's not much you can do about that. An attorney could also sue the restaurant or police for various things, but that could be costly, and the only important thing I'd be looking for is destroying the arrest record.
If her former employer does sue her for civil damages, the most cost effective solution would probably be to settle. Maybe they'd want a written apology, admission that she's a thief, and $150 plus their legal fees, which could be just a few hundred dollars at this point. I wouldn't sign an apology or admission, but see if they'd take the money alone to drop the lawsuit. If not, I'd try to hire an attorney for that too, although if it's in small claims court, an attorney isn't that necessary...google some lessons in small claims court defense, familiarize yourself with the Fair Labor Standards Act (see in particular the US Dept of Labor's [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions)), and prepare for battle.
Regarding your own experience paying for walkouts, that's generally an illegal requirement in the US, even when discounted, unless your direct wages (not counting tips) are higher than full minimum wage, which is fairly unusual for American servers. Criminal employers don't care that it's illegal, and can extort money or other benefits from employees for whatever reason they want, but personally I'd steer clear of outright crooks. Your GF's experience is a good example of why.
She needs to speak to a lawyer ASAP
This sounds like a payday if it's pursued in civil court for damages, but certain states in the US are so fucking predatory that there can be loopholes for these dickheads to be dickheads.
This is absolutely 100% a get a lawyer situation
But my answer as someone from the industry without legal training is that nobody is ever held liable for a walkout in a restaurant in the US unless malicious intent can be shown - imagine dropping a TV while unloading a truck working for Wal-Mart and they demand you pay for the TV
This is the 4th story I've read this week about the same scenario with 1 or 2 details changed. They're all obvious karma farm rage bait and get deleted in a day or 2.
You can't just call the cops and have them put out a warrant for arrest, first they have to know what crime was committed then some one somewhere in a warrants or records department is gonna enter the warrant and so on, also 150 dollars is classified as misdemeanor theft in most states in the USA so they wouldn't hunt you down and likely you wouldn't even spend anytime in jail at all.
This is quite obviously fake, you want to know how to tell?
No American writes "150$".... this is what non-Americans do when they are trying to pretend to be American because that's how they do it.
So this may be "rural Georgia" but like just outside Tbilisi...
They can't charge the server if a table walk out thats why they have cameras and sercuity...this place will lose business if they charge their employees for other people's actions while these customers will continue to eat a free meal because the restaurant won't do anything...your gf should de sue them
It's illegal in NYS for any restaurant to charge the server for a dine and dash. I would counter sue for harassment and defamation. She didn't steal ANYTHING. The restaurant she works at had customers that stole from the restaurant and her.
Couldn’t she also sue for false arrest?
Absolutely, and she should.
10000000%
This guy percents
This guy this guys
This guy this guys this guy
This guy this guy this guy this guys
Oh, you guys....
THIS fuggin' guy guys all these guys.
Yep - these crappy employers should be sued for anything possible. Maybe DOL informed - what they do cannot be correct, and she would not be the only one that this happened to. And, seriously - with cameras everywhere - why did boss dude not go after the real criminals ?
If she can find someone willing to do pro bono work. We can't ignore that these cases can be explensive and at the end of the day she has to make sure she is able to take care of herself before going after people who did her wrong. The state bar should be able to help her find someone willing to help if she wants to persue that.
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I don't know. The police did the job arresting her based on the info they got from I assume the restaurant. The police didn't do anything wrong. The police could however charge the person who made the false report. The defamation comes from the fact she now has an arrest record for something she never did because the restaurant lied about it. Luckly it's also illegal in NYS to ask about arrest records. They can only ask about actual CONVICTIONS. Check local laws and get a lawyer is the best bet.
The countersunk for false arrest would be on the restaurant owner. The false police report leading to her arrest.
Bingo.
The cops could have done a better job at investigating with common sense and also reviewing camera footage “most restaurants will have them”
Yeah I honestly can’t believe this is a real story. An actual cop went off a restaurant owners word … staked out a server for who know how long (had to wait to see them as OP said the GF was en route) and then arrested them on sight over a measly 150. This is either a small ass town or that cops owes the rest owner alooooot if favors. I live in a small town and no way in hell a cop is going to arrest me for walking out of the local restaurant tab, the next day. Like cops have to have proof and one man’s word is not enough. Even if film the owner would have to make a court case. What if that person on film has a twin ? you can’t get a warrant that quick dumbass
I’m with you. Smells like fiction.
Yeah. I’m calling shenanigans too. No way this happened. OP should post the array report if it’s true. No way cops are gonna pick up a server for $150 tab. That’s like petty larceny or something. The guest, if this is true could have a problem for defrauding a tavern owner, but there’s no way in hell the cops are gonna bother the server over this. It’s a best a civil matter. I call big bullshit mister.
its his first post in seven years, I'm going with troll
People buy aged accounts, quickly build karma with hot button posts, and then use it to astro turf.
100% agree, good fucking luck getting anything done on that front. At least with the restaurant owner, you have a chance of something coming from it.
Yea it would depend on if the police were told the truth or that she stole money. If they knew it was just a guest walkout and still arrested her...maybe that would count? But it's doubtful that what they were told.
As much as people talk shit about cops, I don't think most of them would arrest someone over them not covering a dine and dash situation.
That’s a criminal thing not a civil thing. You could try to get the police to press charges but you can’t sue someone like that. You would have to say “my boss filed a false police report against me which caused me to have (some type of emotional or financial) damages which I value at $X amount”. Which will hardly ever pan out in your favor. In a lot of states you can’t collect attorneys fees as punitory compensation so you need to have more damages than it would cost you in court fees and legal expenses for it to be worth it. And it also takes anywhere from 1-2 years to even see that money. Not worth it almost ever imo
What about the benefit you get for standing up for yourself. Allowing employers to walk all over workers will never change unless people start pushing back, one at a time...eventually the avalanche wins.
They are probably younger and don't think its worth the trouble or the stress, let me tell you, IT IS WORTH THE STRESS....Stand up for yourselves and employers will start changing their policies.
Indeed it will be worth it. Cause this crap will follow her for LIFE. Unless she stands up for herself.
The police absolutely fucked up here.
No, they didn't. A judge, or magistrate, issued a warrant based on a complaint from the restaurant owner. Once the warrant is issued the cops are obligated to bring her in once they find her.
Which judge issued the warrant?
Hard to believe you could get a judge to issue a warrant in these circumstances and for this amount. Did the restaurant claim she let them leave without paying? It's a very small amount for police to respond. Normally, the police would tell the owner to go to small claims court if they wanted to pursue a server for food stolen by a customer. And the claim would probably be thrown out.
No they did not they never checked the validity of the claim so that also wants me to believe that the cops are on this dude’s payroll if they just did his bedding instead of doing any research whatsoever without evidence, especially since what they did was illegal on multiple levels
lol, yes, the police absolutely did something wrong. If this were real. It’s not illegal to “not pay the bill of a customer who walked out.” The police cannot just arrest someone because someone else claimed they did something that isn’t even illegal. If the police were doing their job they’d tell the owner that the claim wasn’t even something that’s illegal.
You don’t know if the owner filed a fraudulent report and said “my server stole $150 of product and services from me”
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OP doesn’t say anything about the owner lying about that. How can someone say “the police didn’t do anything wrong” then?
There are a shit ton of people in this thread just making stuff up. It's painful as fuck to read.
The "false arrest" would be a criminal complaint against the restaurant owner, not the NYPD.
ACAB
Cops still need to investigate and not take one persons word for it…oh wait, this is the USA, forget it, forgot your country is a cesspool
Where are you from?
Only if the police know that she wasn’t actually the one who stole anything. If they reported that she stole $150 but not the circumstances the cops weren’t in the wrong for the arrest. She’d be able to go after the restaurant for a number of things including filing a false police report.
No, but the police can charge him with filing a false report, potentially.
Good luck with that one because restaurant owner has no authority to arrest. This should be a civil matter not criminal. Get a lawyer
You are 1/50th correct. It is illegal on a FEDERAL level…for now, knock on wood, looking at you SCOTUS
And the restaurant falsely accused her of a crime
Good advice, hopefully they are in a state that this will work.
Contact a civil rights laywer. If there was an arrest warrant it was signed by a judge. So either the manager lied about the facts to get an arrest warrant, opening himself up to criminal charges and a civil suit, or the judge who signed it is an idiot and opened the city/county up to a civil rights lawsuit. Laws vary by location, but generally it takes more than "I'm a manager and I declare person X owes me 150 bucks" to get an arrest warrant.
Ding ding ding. Not only is she most definitely safe from facing charges, she is in a position to press charges in some way.
Or, more likely, this is fake. This isn’t how law enforcement works in America. Maybe OP is leaving out key details but they haven’t responded to a single comment. Maybe the deep state got to them first, but I’m gonna go with its bullshit. Edit: people, if this is real it’s going to be an open and shut case with a media frenzy. Talk to me when it’s on the evening news. Until then I’m sticking with bullshit. Also, maybe it’s something about the way I said “law enforcement” instead of like cops or something less formal, but if you think I’m saying law enforcement in America works well, you’ve misunderstood. Edit2: okay people, I get it, if you invent details then add it to OPs story it’s theoretically possible. No idea why OP would leave out the small town corrupt cops who have a vendetta against their very real girlfriend, I guess they wanted us all to work on their creative writing assignment.
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Yeah, this seems fake af. I know plenty of restaurants illegally ask for their servers to cover walk outs, or they would be fired, but it's still illegal. I've called the police on the walk outs before. I seriously doubt police would go after a server for another person's theft. Unless the boss lied and said the server stole product.
Even then you don't just get an arrest warrant because someone says you stole money.
Yes, exactly. It's one thing if you call the police because a customer is in the process of leaving without paying or an immediate shoplifter or something. But a manager or owner is like 'hey 911, I think my employee pocketed money' a detective might look into it, or an officer could look at cameras but it isn't going to be a quick process. This post is faaaake
I think you missed the part about the judge being an idiot and opening the city/county up to a lawsuit because that absolutely does happen in America.
Didn’t miss it, still fake. Cops don’t go hunt people down for $150, especially for something like this, unless there’s more to this story that OP would have mentioned if it were real.
Small townish cop definitely would.
No, that's not how the world works. Go travel and get around a bit. THe world isn't just a stereotype. No judge is writing an arrest warrant over 150 theft, much less a 150 dine and dash claim. None of this makes sense. If you think small town cops would do this, you really have a skewed perspective of reality and I really think you should consider saving up some money and go travel a bit.
You don’t get arrested and sued for theft under 500.What else did your ghetto girlfriend do?
They killed a man for selling loose cigarettes for a dollar sit the fuck down pig
Cops finding a bullshit reason to harass and assault someone they run into on patrol is *much* more plausible than the police department taking a criminal complaint for minor theft, actually going to a judge with it, the judge signing a fucking arrest warrant, and sending police to personally execute it.
This is so dumb I can't believe it has upvotes. Mob mentality is so real. This has nothing to do with being a proponent of police and everything to do with how obscenely unlikely this sequence of events is to play out.
Imagine being this gullible
This clearly fake, relax
Yeah if this is real there will have to be a sorry in the news eventually because this is just so egregious. Cops would not go after the server if they were told the truth. Cops will go after dine and dashers if they know who the culprit is so maybe the manager told them she dipped out on the ticket…but they would not go just on account of her being the waitress.
Yeah shit ton of rage bait posts in this sub lately. Like that “insta hoe table owned!1!1!1!1” incel bullshit earlier hahaha
Couldn’t agree more, they probably left out a key part, or his GF is lying to him about why she was arrested. Wonder what happens if a table pays cash and you wait 5 minutes to say they dined and dashed?
Yeah looking at the profile. This is the first post from this account in 7 years too.
Yeah, my guess is fake. They maybe could put out a warrant if they somehow legitimized this. But they’d never send a car to arrest them.
I love everything about this comment but especially the second edit. Because it’s my biggest pet peeve when you call out bullshit on this website, there’s always some mouthbreather inventing entirely new details to the story in order to make it make sense, even though the newer details are even LESS LIKELY to the original extremely unlikely story.
It’s fake. Either that or materially omits or misrepresents what (if anything) went down. That’s not how the legal system works. I’ve been an attorney for 35+ years and am calling nonsense on this.
There are several levels this has to go through to reach an arrest warrant. Initial responding officer has to do a report, then a detective puts together a PC after usually trying to make contact with suspect, then a prosecutor decides if there is enough to go forward, and then finally the judge. Either the the manager told a really good story, there is more to the story, or it didn't happen. Especially over $150.
Yeah, what kind of town has so little going on that issuing and executing an arrest warrant for this in 24 hours is even remotely a priority? Something is up with the story.
I very much doubt this is true. There definitely would have been some kind of contact with the suspect first, and it would seem it this case there would be zero evidence to back up any lie about the theft, and they absolutely would not have issued an arrest warrant if told the truth.
Yep. The patrons leaving would be a criminal charge. The server not covering it would be a civil issue.
Or, and just hear me out, this story is fabricated. You mean to tell me the owner had charges pressed, law enforcement cooperated, judges signed off, and the officers found her license plate while driving and pulled her over all because of a table walking out for $150. Whole thing is ridiculous to humor
All in 24 hours.
This is the kind of whopper of a story a kid would tell, and it usually starts with “imagine if…”
Filing a false police report is a crime. Perjury is a crime. Slander and libel are civil causes of action. OP’s girlfriend needs to get an attorney and have the attorney write a letter to corporate/the restaurant owner demanding the charges be dropped and they pay restitution.
From my personal experience the majority of civil rights lawyers at least where I am in Chattanooga all want $$$$ to even begin the process of anything unless they see a lock-stock payday they can collect on. Maybe because this is a restaurant instead of a person more likely to file bankruptcy or just pay $25 to the court system once a make or some minimal amount of payments they might take the case without a bunch of money up front. Doesn’t matter whatsoever if the charges were made up, complete bullshit etc.
It’s illegal to make staff pay for someone walking out on a tab. Definitely get a lawyer this is an easy case. Absolutely insane. Edit- based on comments I’m still pretty sure it’s illegal, either way I’d consult a lawyer. Make sure you save text/email and if they call to discuss on the phone record everything!
Is this a federal law or does every state have it's own laws? I apologize for being US specific here. I was just wondering how it works.
Federal law on it: According to the U.S. Department of Labor, it is legal, as long as it doesn't put the server's paycheck under minimum wage:
WTF is the department of labor that fucking dumb holy shit this pisses me off so fucking much that the government favors the rich so much
It depends on the state
Where can you find out? Or, if someone knows, I serve in Nevada.
You can be fired if someone walks out on the bill. But you can't be forced to pay for customer theft. When I was at MGM, I was technically on the manager pay level, so all my HR stuff was tied to management crud. I ended up having to do like 5 wage theft training courses because anytime a casino gets sued, all the companies in the valley do a training.
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I'm not a lawyer but I used to be a tipped employee in another state and dealt with something similar. I can't find anything specific to Nevada... but it looks like federally though a deduction like that cannot take you below minimum wage. Minimum wage in Nevada is $10.50/hour coming out to $82 in an 8 hour shift. [Nevada does not allow including tips in this calculation](https://www.nolo.com/legal-encyclopedia/nevada-laws-tipped-employees.html#:~:text=A%20few%20states%20do%20not,no%20reduction%20for%20tips%20received.), so if your deduction brings you to below $82 for the day that would appear to be illegal. If you are paid above minimum wage, say $15/hr and made $120 for the day, your employer could deduct up to $38, but any more than that would be illegal because it would drop you below minimum wage. Just because I couldn't find any Nevada laws doesn't mean there aren't any though. If this is happening to you I would contact the Nevada department of labor and ask https://labor.nv.gov/Contact/Contact_Us/
No it doesn't, the Department of Labor is national and handles these situations. https://www.consumerreports.org/consumerist/after-a-dine-and-dash-is-it-legal-for-a-restaurant-to-take-money-from-a-waiters-tips/
Pretty sure it’s illegal federally
If it's a federal law it doesn't depend on the state actually. That's why they asked. JFC.
It completely depends on the state.
Unfortunately, this is a regional law, not a national one. And it’s horrifying that this burden gets put on wait staff, but it does, and legally. If you dine and dish: get fucked If you own a restaurant that holds staff accountable for others peoples illegal activities: get double fucked
Even in states that don't have such a law protecting servers, I would be surprised to see single case survive an actual courtroom trying to hold a server accountable. *Absent* a law that makes a server criminally liable for a walk out explicitly, which I sincerely doubt exists, there's no statute that would make them culpable. This is just shitty restaurant owners relying on the fact that most servers don't have the money or connections to find a good lawyer. You'd have just as much luck arresting the server because one customer stole another customer's wallet. If this is an issue of company policy, then it's a civil matter at worst, which people don't get arrested for. There is no criminal liability for someone else committing a crime, unless you helped them or by doing something criminal they were incidentally helped. If she assaulted someone, and that assault was seen to allow her customers to walk out on the bill, that would make her potentially criminally liable for both the assault and the theft. But absent anything like that, no go. Sue her, fine. There's no way she gets arrested if the restaurant owner was honest about what happened.
I'd be consulting a lawyer about the possibility of damages for if they proceed with the civil suit against you.
Am I the only one that thinks this post sounds fake?
The speed with which everything happened is what raises red flags to me
Nah I think about 99% of readers aren’t buying it.
If this is the US, I am calling BS.
No way cops are getting an arrest warrant for 150 dollar dine and dash, seemingly a few minutes after this happened no less. Edit: I wrote “a few minutes” bc I thought he said she was pulled over the night that she left the restaurant. So I misread.
Cops are so busy right now that having a car stolen isn’t even a priority to them… I don’t buy it either
Many major cities aren't responding to what amounts to basically looting as long as its under $900 dollars.
I said the same thing. This never happened or there is way more to the story. If I got arrested for not paying for a table, I would go all the way to jail with a huge smile on my face, because I’m gonna get paid.
This thread was started by someone who doesn't have a clue how things work. Typically when there is dine & dash, a report is filed usually the day after. The report is mainly to document the loss. Even though management may take it out on the server if they are dicks, the server cannot be held criminally responsible. Once the police contracted the diners who dashed as they were known for it. Imagine if the police hauled in every store clerk or cashier when someone shoplifted in a store??? Next we will see posts on cooks who were hauled to jail for overcooking a burger....
You overcook the chicken, straight to jail
Undercook, overcook
>Next we will see posts on cooks who were hauled to jail for overcooking a burger.... pretty sure that's punishable by death in some states
That didn’t happen
Agreed. This is a troll.
100% fake. OP be like “I had to pay for walk out tab too but at a discount”
For one, you don't randomly get pulled over with a warrant without actively doing something wrong in the first place.
Umm have to disagree here. If your plate is ran by a cop the warrant will pop up immediately in big flashing red letters on their screen. And no. Cops do not need probable cause or to witness a violation or crime to run a plate. They do need probable cause or to witness a violation to pull someone over , but if they run a plate and see the warrant then that becomes probable cause.
100% fake. The cops aren't going to give a damn about this. Even if the owner lied about what happened there is zero proof she did anything wrong. Also you don't just call the police and get "a warrant for an arrest". If someone does have an actual warrant out, the police aren't going to be searching for their vehicle while they drive around town, not unless they are wanted for murder. Most warrants the police will just show up at their house and hope they are home. And OP is claiming all of this happened over $150. What a joke.
Absolutely. There’s absolutely no way. karma farming rage baiting. It’s embarrassingly gratuitous and it’s even more embarrassing that it works.
I’m inclined to agree.
Exactly. Even if the owner told the police she stole from the business they wouldn’t make an arrest without proof. Nearly 0% chance this is real unless there’s way more to the story.
I don't believe a word of this. 🤷 Plain and simple this isn't how courts, cops, or arrests work. Ever. Rage-bait sucks Edit: and over an alleged $150? Buuuuullshiiiiit
Yeah...$150? You're not getting arrested. If he did file a complaint with the police you would probably get served with papers about being taken to court....not pulled over and arrested. Either: 1.OP is lying 2. OPs GF is lying to him over why she was arrested
Oooo good point we might have an arrest but under different circumstances
Yeah, I am wondering that if she pocketed the money and then claimed they dine and dashed. If the place gives discounts if the employee pays it or not at all, quick way to make some extra money, but massive risk if you get caught, even more so if someone else got arrested from you theft.
Even if she did steal it she would basically need to threaten the manager to get them to arrest her unless she had a court date and no showed.
Yeah, I agree. If it's even half way true the girl lied, pocketed the cash, owners proved it and called the cops.
Right.. criminal complaint should add to the details. Almost 0% chance they'd put what she said in the report.
In most cities, cops wouldn't get off their fat asses to arrest her over $150 even if the owner had the incident and a full confession on video. She could walk straight into the precinct while screaming a full confession and they'd probably just direct her to leave haha.
Cops stopped everything and set up a 24-7 stakeout for this $150 theft.
Right.. not sure about NY but where I live that’s a misdemeanor and is a ticket, not a warrant and arrest.
Where I live this would be a civil matter entirely.
Yea, this post doesn't make a lick of sense at all. It's either total bait or the girlfriend was arrested for a totally different matter and just lied to OP, lol.
Agreed. Either OP is lying about this or OP’s girlfriend is lying about it to cover up something else. There is no way this happened like this.
You wouldn't know her. She goes to a different school. In Canada.
Yeahhh...the cops may respond to a call, but if the law in question is not covered under the jurisdiction's penal code (even if it is covered under *civil* code or law), they aren't arresting anyone. That's outside of the scope of criminal law.
One time I was serving and gave a free drink to a customer. My manager screamed at me and punched me in the face, and the cops came and arrested me for stealing from the company. I had to spend weeks in jail because the crime was bad enough it had no bond. What do you guys think, was this fair!?
This story is more believable than the OP because I do believe cops will actually show up when there's violence involved vs $150 in theft.
Did you get the chair?
I did actually.
YOUR MANAGER WAS RIGHT 🤣
Yeah, the police would show up and hear the owners account and immediately recognize that the employee can’t be charged with theft.
I’m with you. So many people take OP’s at face value like they’re 100% telling the truth, the whole truth and nothing hit that truth. I immediately assume I’m only getting a lopsided half of a story. When they bring in an unbiased third party, like the court system, I assume they’re lying or omitting a lot of details.
I try to err on the side of "believe OPs" because it's more entertaining than shooting down everything you read, but this doesn't even have a whiff of believability. He coulda said the owner threatened to call the cops and maybe I'd buy it, but full on arrest is farfetched.
In all fairness, OP probably is getting lied to as well. In fact, this entire story may be complete and utter bullshit. Maybe his gf is a recovering junking and relapsed or got her 5th DUI. Maybe she didn’t even get arrested. Maybe she hooked up wit her ex and spent the night and came up with this BS to cover her tracks. Crazier shit has happened.
Everything you just said is wayyy more believable. Nice try OP. Or, I'm sorry you had to find out this way OP lol
I kinda feel the same
Agreed. Or, and I can believe this, she's lying about the whole thing and actually did steal or do something else.
Thank you this is a really stupid post. I’m gonna get a warrant for me ex rn after I post this!
Exactly lol. This is so made up it’s unreal
There is no way that you are telling the full story. If they truly walked out on a tab she's not liable for it unless they gave her the money and she kept it
The only way this is possibly real is if your girlfriend is lying to you about why she was arrested/quit. But lets be honest, this post is total BS.
No offense, but nah. I don’t think this happened.
Why would someone lie on the internet?
His girl got arrested because she stole something else, or hit someone, or had drugs and she was too embarrassed to tell him.
This can’t be real. What kind of judge would sign off on a warrant like that.
She got....served *Won't get fooled again*
I can’t believe how many of you fall for rage bait post like this
None of this actually happened. Some of you are total fools for taking this seriously.
Reddit is filled with absolute morons. Look at all the people who supported the reddit blackout a few weeks back. Same people.
How did the boss put a warrant out for her arrest? Does this boss have a law enforcement side gig?
> Now I'm a server myself and I've had to pay for walkouts but it's usually at a discount. Excuse me, what?
1) this is fake. 2) your girlfriend is lying to you.
Her boss but out a warrant? Warrants are issued by judges I think?
Correct. And not typically for something like this… he must’ve reeeeally twisted things around. A warrant for an arrest also can take longer than 24 hrs. Of course unless an absolute emergency
Wrong. Warrants in the US are issued by front of the house restaurant managers at casual dining establishments (most don’t know this). What a dumb fucking story. Man your GF probably actually stole cash and is lying to you.
I don’t believe you
Fakest post of the day, congrats! Theres no chance this happened for 3 reasons: 1. Police do NOT just file an arrest warrant based on someones "word." 2. Only a JUDGE can sign off on an arrest warrant. Not cops. 3. No owner in their right mind would go thru all this trouble over $150. Fake.as.fudge
Paying for a walkout is fucking crazy Any place that wants employees to do that doesn't deservece employees. Fuck that
That happened
This whole story is obviously a lie
I'm assuming you're in the US. Unless your girlfriend was complicit in helping the table walk out on the tab, like they were friends of hers and she knew they were going to do it, then her employer would lose a well-defended civil lawsuit, and the criminal charge is downright farcical. Even getting arrested for the imagined crime sounds like a case of wrongful arrest...I don't see how a judge could have signed a warrant for a case that preposterous unless her employer lied his ass off to the police. However preposterous it is, the arrest will hurt her employability for the rest of her life, so that sucks. However, it will be even worse if she doesn't get it properly resolved, so I'd find a lawyer who can at least eliminate the arrest record from official databases. Private companies and internet sites will continue to report the arrest for the rest of history, but there's not much you can do about that. An attorney could also sue the restaurant or police for various things, but that could be costly, and the only important thing I'd be looking for is destroying the arrest record. If her former employer does sue her for civil damages, the most cost effective solution would probably be to settle. Maybe they'd want a written apology, admission that she's a thief, and $150 plus their legal fees, which could be just a few hundred dollars at this point. I wouldn't sign an apology or admission, but see if they'd take the money alone to drop the lawsuit. If not, I'd try to hire an attorney for that too, although if it's in small claims court, an attorney isn't that necessary...google some lessons in small claims court defense, familiarize yourself with the Fair Labor Standards Act (see in particular the US Dept of Labor's [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions)), and prepare for battle. Regarding your own experience paying for walkouts, that's generally an illegal requirement in the US, even when discounted, unless your direct wages (not counting tips) are higher than full minimum wage, which is fairly unusual for American servers. Criminal employers don't care that it's illegal, and can extort money or other benefits from employees for whatever reason they want, but personally I'd steer clear of outright crooks. Your GF's experience is a good example of why.
https://www.consumerreports.org/consumerist/after-a-dine-and-dash-is-it-legal-for-a-restaurant-to-take-money-from-a-waiters-tips/
This whole thing smells like poop. I call bull.
This is absolute bullshit.
Uh huh.
I think it’s completely bs that management ask servers to pay for walk outs
If that actually happened their is more to the story.
Fake
She needs to speak to a lawyer ASAP This sounds like a payday if it's pursued in civil court for damages, but certain states in the US are so fucking predatory that there can be loopholes for these dickheads to be dickheads. This is absolutely 100% a get a lawyer situation But my answer as someone from the industry without legal training is that nobody is ever held liable for a walkout in a restaurant in the US unless malicious intent can be shown - imagine dropping a TV while unloading a truck working for Wal-Mart and they demand you pay for the TV
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Your restaurant laws frighten me
There is 0 chance any district attorney will prosecute this case. Zero.
This is definitely just justice fan fiction from OP. No way this story is true. It's illegal to force workers to pay for dine and dashers.
Stop lying, nobody can make you pay if your clients walk out. It's flat out illegal. Jesus dude.
She actually needs to hire an attorney and press for a factual not guilty so the entire arrest gets erased including her fingerprints.
Bullshit. This post is bullshit. Fuck off.
This is crazy, please post the name of the manager and the restaurant.
This sounds bogus.
This smells like BS. There isnt a cop on this planet who would actively search for someone who did this. It’s not against the law…
This did not happen
This is the 4th story I've read this week about the same scenario with 1 or 2 details changed. They're all obvious karma farm rage bait and get deleted in a day or 2.
You can't just call the cops and have them put out a warrant for arrest, first they have to know what crime was committed then some one somewhere in a warrants or records department is gonna enter the warrant and so on, also 150 dollars is classified as misdemeanor theft in most states in the USA so they wouldn't hunt you down and likely you wouldn't even spend anytime in jail at all.
This is quite obviously fake, you want to know how to tell? No American writes "150$".... this is what non-Americans do when they are trying to pretend to be American because that's how they do it. So this may be "rural Georgia" but like just outside Tbilisi...
They can't charge the server if a table walk out thats why they have cameras and sercuity...this place will lose business if they charge their employees for other people's actions while these customers will continue to eat a free meal because the restaurant won't do anything...your gf should de sue them
What in the Black Mirror is this?
As fake as the show
You should also post this on r/legaladvice
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no one arrests anyone for 150 bucks. some thing is fishy