It is unknown how they took it though, but when told to surrender YOUR property, or get fired, that raises all kinds of legal questions.
Most courts do not recognize contents of an employee handbook as a “contract” or even implied contract.
If we consider it a contract, then termination may be legal, but to coercively take the $100 is borderline extortion.
But a contract against Public Policy is void.
Again, it may be a cirtical element of HOW they took it, IMO though even asking to give it to them is very possibly tortious.
The best legal approach would be to consult Target’s legal department on how to proceed. The trick is MOST companies do not do this, they let lower level nobody’s make that kind of splippery decisions.
I wonder if any company in the hsistory of time has ever asked thier legal department “We want to fire Joe, here are the facts, give us an opinion”!! Yeah right!!
Almost all big companies do this as a matter of course. They consult the lawyers for everything.
I see that you’ve backed away from definitely illegal to probably a tort. Always good to have a legal expert.
What makes you think it’s “her property”? She received it in the course of her job while on the company’s time.
[QUOTE=nearwildheaven – in the OP]
She could really use that $100, and considered it a gift, not a tip.
[/QUOTE]
Is there a difference between a gift and a tip?
For tax purposes, certainly.
What do you imagine happens to the $100 on a Target gift card if the card is destroyed?
It remains on the books indefinitely as an outstanding liability. Why?
Over the weekend, I read the corporate handbook on my phone. It wasn’t long, 16 pgs iirc, but as I was talking with my family at the same time, I read through it quickly. There was no mention of tip or gift policy. Now, I can’t find it anywhere.
From what I remember of the common law, employees keep their tips. Obviously, employmers with waitstaff can all agree to share tips, but without such a written policy, I find it difficult to believe that the employer can simply take an employee’s tips, especially from his person.
Given that Target does not offer restuarant/diner services with waitstaff, a good argument can be made that it was indeed a gift, especially around the holiday times. Given the informal nature of Target, a strong argument can be made that it was indeed personal and not for any particular service. Regardless of the intention, I find it very difficult to believe that Target can keep the gift card for themselves or force a donation. Notwithstanding, if Target wants to fire the cashier that is entirely up to them.
Where did you find the corporate handbook? I tried to find an online employee handbook but couldn’t find one.
The handbook for temporary employees is here.
Judging from their web page, TargetCW seems to be a temporary staffing agency. That seems to be a different beast from what we are talking about.
Oops. So it is.
Question. What if my mom worked at Target. What if I drove in to visit her for Christmas and am saving my gift to give her on Christmas. I get a call while my mom is at work that there was an emergency where I work and they need me there, I’m not sure if I will be able to make it back for Christmas. I want to give her the gift in person, so on my way back I stop at Target and give her the gift. Does Target consider it a tip and fire her/take the gift?
No. There’s no conflict of interest there; she’s your mom.
What if we change it to girl friend, friend, a hot chick I like? The idea of the company taking peoples “tips” or barring them for excepting them is a very strange one to me. I’ve worked in restaurants my whole life. I work for a large chain and am a cook, not a tipped employee. But there is no issue if a costumer gives me a tip. Around this time of year regular costumers do bring in small gifts for some of the servers. They are never counted on there tax forms. It just seems to me like Target is going out of there way to make things harder than they need to be.
But tips are not normal in retail establishments such as Target. They are normal in some restaurants. If you worked at a no-tipping restaurant, you might also not expect to keep a tip.
Not indefinitely, gift cards are escheatable. The particulars vary by state and program type, but almost all go to a state unclaimed funds account after 3-7 years.
It’s already been explained more than a few times why tips are not allowed in the majority of retail establishments. If you wanted to leave a gift for a friend, you could meet her on her break. You’re her friend, not a customer. If you were a customer too, you’d be best off giving her her gift on a different day and not try to be a smart ass.