Dine and Dash

Does anybody know if it's legal for a restaurant in Kentucky to hold a server financially responsible for a table that leaves without paying their check? The question came up on another online forum I frequent, and I was always under the impression that it was not, despite the fact that it seems to be a fairly common practice in some places. I know that the restaurants I used to work at always took the hit instead of the server. If the server is held responsible, what exactly are they supposed to do to collect the bill? Run down the former guests mid-exit and physically restrain them until they pay up? It seems like that would expose the restaurant to a lot of liability.

More than likely, it's the restaurants responsibility. Thankfully it doesn't happen often but when it does, we take the hit, not the server.

It is the responsibility of the establishment, not the server. The establishment cannot withhold pay or tips. If the establishment feels an employee maliciously intended to hurt its business, the establishment has the option of taking it to court.

Thanks guys. I just found out the establishment in question also has a policy of mandatory tip outs to bartenders, bussers and cooks. Sounds like they are totally unaware of the laws regarding wage and compensation.

If this happens to a server, I would be happy to speak to him/her about legal recourse against the employer. That is a crappy thing to do to an employee.

Does anybody know if it's legal for a restaurant in Kentucky to hold a server financially responsible for a table that leaves without paying their check? The question came up on another online forum I frequent, and I was always under the impression that it was not, despite the fact that it seems to be a fairly common practice in some places. I know that the restaurants I used to work at always took the hit instead of the server. If the server is held responsible, what exactly are they supposed to do to collect the bill? Run down the former guests mid-exit and physically restrain them until they pay up? It seems like that would expose the restaurant to a lot of liability.

The monetary loss is to the business, not the server. If the business wants to hold the server responsible for their loss, they are wrong.

By the way, you stated "despite the fact that it seems to be a fairly common practice in some places."

Where does this actually occur?

Had a party of three young folks pull that on me at El Torito in Plainview in the early eighties (restaurant would have held me responsible for the loss). I followed them into the parking lot and asked as tactfully as I could if they forgot to pay their tab. They looked me and denied it at first. I looked at their license plate and wrote down the number. They "suddenly"
remembered that they had not paid their bill and asked me how much they owed. I looked at their $20.00 check and told them they owed me $35.00. They balked at first, but then considered the consequences of arguing with me and gave me the $35.00!

[Robin Garr]

El Torito in Plainview

Whoa, a blast from the past! And, I'm afraid, one of my first really negative reviews. As I recall, I compared it to dining at the Tijuana Jail, and concluded that the fare at the Tijuana Jail was <i>slightly</i> worse ...

Where does this actually occur?

I'm not going to name the restaurant but I did this at an establishment once. It was due to absolutely inattentive service and then a lackluster at best meal. Our server was seen twice, once to get out drinks then when the drinks came 15 minutes later she took our order. 30 minutes later our meal came from a different server who pretty much did a drive by drop off of the food. We couldnt get a refill to save our lives. We waited about 20 minutes after finishing our meal and when we couldnt catch the attention of a server, we all agreed to just leave and did so.

This was an extreme case and something that came about as a last resort of frustration with the experience. This wasnt a premeditated move like a lot of Dine and Dash stories I heard from kids in my High School.

I can't help but notice that no one has actually answered the poll on this thread. I think that's very interesting.

I've known many people that have worked at Joe Bologna's in Lexington and therefore know for a fact that they make their servers pay for dashers. And no, they don't give them a discount. The server has to pay full menu price for the entire ticket. BS.

[Robin Garr]

I can't help but notice that no one has actually answered the poll on this thread. I think that's very interesting.

Actually, there are votes, but there's a Catch 22 about this poll: In order to see the results, you have to vote, but since the poll doesn't have a "not applicable", you can't vote unless you work for a restaurant.

I'll see if I can edit the poll to add a line, so those who want to view the results can do so.

I've known many people that have worked at Joe Bologna's in Lexington

When I went to UK, I think that place got shut down for while due to rats and rat feces and other horrible food safety issues (I was there in 1987-1988 so if I'm thinking of a different place, please feel free to correct me) - not a place I'd work OR eat.

Thanks Robin - I can see them now! I thought that was strange.

In response to above: I've never understood the hype about Joe's. I don't think it's any better than fazolis. (Yes, I've eaten at Fazolis before.) I don't know about the violations in the 80's but I can tell you that the restaurant is stuck in the 80's in about every way imaginable. Nonetheless, they have a huge base of regulars that love it and swear it is the best italian and pizza in Lexington. I whole-heartedly disagree.

Actually, there are votes, but there's a Catch 22 about this poll: In order to see the results, you have to vote, but since the poll doesn't have a "not applicable", you can't vote unless you work for a restaurant.

Really mine has always had the "view results" link at the bottom of the poll. I did not use it, so dont know if it worked but it was there from the start.

Robin, maybe you might want to add a weeky poll about light topic (to avoid conflicts).

The restaurant I work in does make the servers pay for walk-outs.