Whether it is or is not illegal to force a server to make up the $ whe he/she gets stiffed…
…how many places pay their waitstaff well enough to successfully sue them?
Is there any detail on what Foust said on the videotape that was shown the jury? The only references I can find characterize her as “laughing and joking” afterwards (grrr!), but I’d be curious to know what the jury saw/heard.
Many centuries ago, when I worked as a waitress for Sambo’s and then Hobo Joe’s (both Denny’s-type coffeehouses), we always told customers that we had to pay for bill-jumpers. In reality, no one ever did, and the only time I tried to confront someone who was headed out the door, my manager reprimanded me for it afterwards. I don’t know if that was company policy, although we were all specifically trained not to resist actual robbers.
I seriously doubt that any corporate policy would encourage employees to put themselves in harm’s way. Even if the corporate office doesn’t give a damn about employee welfare, the odds of losing a lawsuit like this one would simply be too great.
Well this is right up my alley folks. I had not heard this story before. How sad. I am a server and have went to look for guests in the parking lot that have dine-n-dashed. Needless to say I won’t be doing that anymore. Monday night my friend had a couple eat and run. She was crying and very upset. No she didn’t get wrote up, but the policy is suppose to be a write up, 3 of those and your fired. It’s a catch 22. Damned if you do, damned if you don’t. Tell a server that already has 2 write ups and they are seriously going to start thinking about paying for the next walk-out. It’s not right and it’s a bunch of bullshit!
You understand why they have to hold the server somewhat accountable don’t you? Let’s say I was a dishonest server. It would be easy for me to say that I had someone dine-n-dash and not pay their $60 bill. Without some kind of policy I could easily make a couple hundred dollars a week pulling this scam.
I have not been written up, but have had 2 walk-outs. I REFUSE to pay for someone else to sit down and eat a big fat lobster meal, while I’m eating sardines sauteed in mustard out of a tin can at home (okay times aren’t that tough). I’ve paid for stuff before. If it is my fault I don’t mind doing that. But that is as far as it goes. Her sentence was good, but they should add something to it. When she gets out of prison she should have to spend the rest of her working days as a waitress.
And may every dine-n-dasher that walked through that door sit in her section.
Financially motivating a whole class of employees to do one thing, and writing policy fine print to tell them to do the opposite–if I was on the jury, I would likely decide that actions speak louder than words.
Of course, assuming there was no law covering the issue.
Something every US employee should know:
In many states, there is a Labor Board (they go by various names) for employees with wage disputes -no lawyer required. They know all the dodges, so the employers -especially regular offenders- don’t even bother showing up, resulting in a judgement by default.
Admittedly, you must still collect that judgment, but these boards usually ave measures and sanctions, and if they don’t a small claims court or local constable (depending on your state) will enforce a labor board judgment for a small fee. A waitress I knew years ago, had a constable friend in the relevant jurisdiction (Quincy, MA). He brought a warrant to the bar at a time when she knew a distributor was bringing a liquor delivery (many hours before opening) and confiscated the empty cash register. He didn’t hand it over to her, because it was worth more than her legal judgement, but she got paid in about 10 mins, because the bar needed the register by opening, and knew they were on the wrong side of the law.
The details vary by jurisdiction, of course, but you don’t need much resources to handle a wage dispute in most states, and I’m pretty disgusted with lawyers who don’t tell you that. Before I went to medical school, I owned a computer consulting firm that billed its consultants as short term project hires (this was the early-mid 80s, before consultancy became a common employer dodge around employment laws) once I became aware of the Board. It was a lot easier to get our wages, even from big corporations, through the Board as an employee, than it is to get paid as a ‘professional’
Oh -and on the subject of waitresses:
I’ve written novels where a major character was a waitress, and gone on a bit of a rant (based on my own analysis of the real-world practiceof tipping, and the many stories I’ve heard from friends) decrying the US practice of using tipping as the majpr payment. It’s a terrible abuse of both waitperson and customer. I know most waitresses don’t agree with me (and I address the reasons why), but I think some may change their minds if they read my reasoning, numbers, and comparative analyses (e.g. England, where tipping was derogated from 1950-1980, vs France and Italy where it was so embraced that eventually it was often added directly to the bill.) I feel it is indisputable that waitresses are better off when they are paid appropriately and competitively, but the ‘lure of the lottery’ is all too tempting an inducement to delude themselves.
I’ve never submitted thise novels to my publisher because they were ‘lesser works’, but I wonder if this side issue alone might not make them worthwhile. What the heck? It’s summer, I’d rather revise books than read them anyway.
The driver should do all 30 years.
I remember very well back in 2003 when this happened , and here it is may 1st 2024 and sarah foust is still in prison ( i just checked the texas prison inmate search website)
I assumed zombie since it had Bennigans in the title. Looking at their website, there are still 10 locations in the US, the one closest to me inside a Holiday Inn.
Interestingly, there are more locations internationally where they seem to be expanding.
Bennigan’s, wow that’s a place I haven’t thought of in 30 years. It closed locally in the mid 90’s.
I’m glad the family got justice for their daughter. It’s especially bad when a drunk runs someone down in the bar’s parking lot. Imagine if they got out on the street.
Edit, it’s an old thread. The people involved would be out on parole by now.
It appears that she is still incarcerated.
I didn’t realize the age of the thread when I started reading it. I thought 30 years seemed harsh for an accidental death (no drunk driving death is really an accident, of course.) I’d guess that 2 years is probably enough to ruin someone’s life pretty good.
Learning that she’s still in there, I’m curious why she didn’t make parole.
She lost an appeal back in 2005 that was partly based on claiming it was unfair for the father of the victim to be allowed give testimony in the penalty phase (Foust also testified, saying she should get probation).
Up for parole review this month, apparently.
Oh ok i didnt know about all that , btw not sure if you know about this , but according to the texas prisin inmate search web site it shows her up for parole this month , 05-2024 …
The site says she originally was eligible for parole in 2018. But the inmate needs to complete programs (substance abuse counseling, college credits etc.)and show improvement to increase their chances
Hell no. If the restaurant was really saying the servers needed to act like a cop and catch dine & dashers, at the threat of having their pay docked, then a tragedy like this was inevitable (and completely predictable). Which is exactly what happened (according to the plaintiff at least):
https://www.myplainview.com/news/article/Parents-of-slain-waitress-file-suit-against-9087497.php
If it wasn’t a teenager with a car it would have been a random gun owner who didn’t like the server interrupting their dine and dash. Hell I wouldn’t be surprised if in the course of this suit it transpires there have been other cases where it was just chalked up to America being America, random bennigans server in wrong place at the wrong time when someone claims their 2nd amendment rights.
Ok didn’t realize this was a zombie thread. What happened with the civil suit? Is it still policy to dock servers pay for dine and dash?
I got the hint when I first came by Guinastasia and then Master_Wang-Ka .
It will be interesting to see if she is granted parole. I wonder if she is smarter at 30 than as 19.