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by | Mar 16, 2018 | Hosta

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For the casual strategy game, see Diner Dash. For the song by The Chats, see High Risk Behaviour.

"Dine and dash" is a phrase used to describe a person that has not paid for their meal at a restaurant. The act usually involves the client placing an order, consuming it, and then exiting the establishment before or after being presented with the bill. The action is often considered to be a form of theft.

Legal aspects

In the United Kingdom, dine and dashes are prosecuted as making off without payment.[1]

In the United States, legal implications vary by state. When the customer intended in advance to leave their bill unpaid and therefore obtained the valuable services under false pretenses, failing to pay the bill is considered theft and is a form of criminal fraud.[2] The diner's intent differentiates the civil case of failing to pay a bill from the criminal act of defrauding an innkeeper.[2] In Michigan, defrauding an innkeeper is a specialized statutory misdemeanor offense, with a maximum penalty of 93 days in jail and a fine of up to $500 and possible probation for up to 2 years. It can be charged either under state law or local ordinance. The gravamen of this offense involves failure to pay an incurred bill at a bar, cafe, hotel, motel or restaurant with intent to defraud the business establishment.[3] In one case, a man was arrested and charged with 10 felonies after 13 women who dated him footed the bill after he fled.[4][5]

Sometimes employers may make their employees recoup the cost of customer theft. They may do so explicitly by deducting unpaid meals from wages or tips, or implicitly through an end-of-shift reconciliation system whereby the server is expected to provide enough cash and credit card receipts to cover the cost of their customers' meals, and keep any surplus as tips. Many jurisdictions consider this to be wage theft, with the employer being liable for paying back the server's stolen wages.[6][7][8][9][10][11][12]

See also

References

  1. ^ Nsubuga, Jimmy. "Police hunt 'notorious dine-and-dash couple who constantly flee restaurants without paying'". Yahoo News!. Retrieved 25 May 2024.
  2. ^ a b Harness, Jill (2019-11-19). "It's Not Only Illegal to Dine and Dash, It Could Even be a Felony". Vista DUI Lawyer and Criminal Attorney Peter M. Liss. Retrieved 2023-04-06.
  3. ^ "MCL 750.292". Michigan legislature. Retrieved March 19, 2020.
  4. ^ "Dine-and-dasher's date 'shocked' when she's left with $250 bill". CBC Radio. August 30, 2018. Retrieved March 19, 2020.
  5. ^ "Los Angeles 'dine-and-dash' dater sentenced". BBC News. Retrieved 2019-05-07.
  6. ^ Schultz, Connie (December 15, 2009). "The costs of getting stiffed shouldn't be the server's to pay". Cleveland Live.
  7. ^ "Payment of Wages". Ministry of Labour (Ontario). November 2009.
  8. ^ British Columbia Ministry of Labour and Citizens' Services (2005). "Interpretation Guidelines Manual: British Columbia Employment Standards Act and Regulations".
  9. ^ "Best POS System for Restaurant".
  10. ^ U.S. Department of Labor (2009). "Fact Sheet #16: Deductions From Wages for Uniforms and Other Facilities Under the Fair Labor Standards Act (FLSA)" (PDF).
  11. ^ "Deductions that are not allowed" (PDF). Government of Alberta. September 2011.
  12. ^ "Ask HR: Are servers liable for 'dine and dash' customers?". USA Today.
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