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To: auggy

The courts have ruled that customers do not care who get's their tip without even bringing any customers into the court to substantiate the judge's ridiculous ruling. A judge in California has actually ruled that because customers do not care who receives their tip, businesses should be allowed to share the tips received from the public with anyone who gives direct service to the customer. However, the problem with such a ruling is that it not only disregarded asking the public if they care who receives their tip, it deprived customers of their right to determine who should receive their tip. As it stands in California, a customer can clearly explain to the business owner that his tip is intended for one specific employee and yet California case law will allow the business owner to take that tip away from the specified individual so that the business may share it among other employee's. You see, while we have a constitution that guarantees liberty our courts apparently don't believe that the public should be afforded the liberty to determine who should receive their tip. The only reason I can come up with for why the courts would so blatantly deprive customers of their constitutional right to determine for themselves who should be the redipient of their tips, is so that businesses can steal this money for themselves. Do you see any reason why customers should not be afforded their constitutional right to determine who will be the recipient of their tip?

California's current stance on your tips is that they are not the property of the person to whom you gave it, but are instead, the property of anyone the courts feel served you in some way. Employers in California may share your tip with anyone the courts have deemed serve the customer in some way. You see, when the courts rule that tips are the property of those who serve the customer instead of ruling properly that tips are the property of the person to whom the customer gave the tip, there can be no legal entitlement on the part of any individual and as such not one employee can claim his employer stole his money. You see the claim by the plaintiff was that her employer was stealing her tips through employer required tip pooling. To counteract her claim that her employer was stealing her tips, the judge simply ruled that the tips she had received were not her property but instead were the property of those whom the court feels should receive tips.

Since this particular judge convieniently beleived the tips received from a customer cannot belong to one individual but instead belonged to all those employees who serve the customer, the plaintiffs claim that her tips were stolen was overruled by the judge whose contention was that the courts should determine who the customer's tip in intended for.

In another court case in Florida, the judge ruled that Outback could share their waiter's tips with hostesses even though the Outback openly admitted that hostesses were prohibitted from receiving tips. His bases for allowing businesses to steal their employee's tips was that anyone whom the business shares tips with is to be considered a tipped eemployee and as such, the federal laws which state that tips are the sole property of the tipped employee would allow employers an ability to share the customer's tip among all employees who are considered tipped employees. The problem with this ruling is that it again deprived customers of their constitutional right to determine for themselves who should be the reciepient of their tip and legally considered the sole property owner of their tip by giving over such rights to the employer. As it stands in Florida, an employer can share your tip with anyone he has included in a tip pool for this particular judge ruled that tipped employees are anyone whom the business includes in their tip pooling scam. In Florida, employers who require tip pooling are simply insuring that those who are legally entitled to the customer's tip receive their share irregardless of whether or not the customer's intent differs.

The courts are obviouly not concerned with the constitutional rights of the public for they beleive no one cares if their constitutional rights are deprived them. The scam behind all of this is that the public has been kept in the dark about these matters. Most people have no idea that the courts have unconstitutionally deprived them of their liberty to determine who will be the recipient of their tip. That is why I am writing this article right now. I want the pulbic to know that the judicial system in this country is violating our constitution and justifying such acts by claiming that we do not care. How can we care if no one knows what is actually going on? Now comes the part where I expose myself as a lunatic conspiracy nut job.

I beleive the media has been paid off to censor any articles esposing what is happening to the tips our public presents workers in the service industry. I have submitted 1000's of articles to nearly all the major news outlets with not one acceptance. Now, I understand that I am not a proffessional writter and am not oblivious to the fact that my articles may not stand out against all the good writers across this country. However, the topic of my articles is news worthy. America's tips are being stolen in a joint effort by our federal government, state governments and business owners of this nation. The financial benefit of the tips our public gives workers in the service industry are fraudulently being stolen by business owners with the aid of our government officials and judicial system. Our constitutional rights are being deprived us so that businesses can break the law and get away with it.

All we tipped employees want is what has been given us. If you don't want to tip us, that's fine, it's your constitutional right. However, if I do not want to share my tips with workers whom you did not give a tip is it so wrong of me to insist on my constitutional rights? I should be allowed the same liberty you have. Just as you have every right to not tip, I should have a right to not share my tips with other employees especially when I know customers have every right and ability to give tips to these other workers if it is truly their intent that others should share in it.

The government is not only condoning thievery, they are rewarding thievery. This thread has exposed how our federal government has blatantly violated the constitutional rights of it's citizens by depriving them their liberty to determine who should be the recipient of their tip. Business are crediting the financial benefits of their worker's tips to themselves through an unconstitutional bill passed way back in the late 60's. Is has taken over 4 decades to expose this corruption because the news media refuses to address any real issues in America and would rather concern itself with advertising and taking payoffs to mold the public's perceptions to the interests of those with the most money. The current false perception is that employees are sharing their tips because they think it's fair. Heaven forbid that the truth should be exposed and the public informed that employees are not actually sharing their tips because they thought it was fair but that business are instead stealing their employee's tips so they can lower their payroll expenses. That is exactly what both the tip credit and employer required tip pooling are. Both these criminal business practices illegally take control of the tips the public is presenting certain workers in the service industry so that they may be used to reduce the business's payroll expenses.

If a business is allowed to reduce the wages of an employee simply because customers chose to tip him, the customer's tips are fraudulently becoming savings to the business and thus personal income for the business owner void of any consent on the part of the customer. If a business is allowed to share the tips certain workers receive from customers with other workers, again the customer's tips are fraudulently becoming savings to the business and thus personal income for the business owner void of any consent on the part of the customer. Business who require tip pooling can reduce their payroll expenses by offering tips instead of higher wages to employees even if customers do not actually tip these employees. Employer required tip pooling is nothing more than employers using their employee's tips to pay their workers.

The question that remains is, are customers tipping so business owners can use the money to pay it's staff and thus see more profits for themselves. I belirve customers are tipping to finacially benefit the workers who are openly being abused by the low wages that have become so rampant across this nation. I believe that our public does care who gets their tip and certainly believes businesses should not be stealing it for their own personal gain.

I am only one person, and as right as I am, I am nothing without the support of my fellow Americans. I ask today that you stand up with me in this fight for our Constitutional rights. Please tell everyone you know the truth of what is actually happening to their tip and how our judicial system is making a mockery of our constitution by depriving you and the rest of America their liberty to determine who will be the recipient of their tip. Our courts have ruled that we do not care about liberty. If we do not speak up we will no longer have any liberty.


331 posted on 02/08/2006 1:07:54 PM PST by George14
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To: George14
" am only one person, and as right as I am, I am nothing without the support of my fellow Americans. I ask today that you stand up with me in this fight for our Constitutional rights. Please tell everyone you know the truth of what is actually happening to their tip and how our judicial system is making a mockery of our constitution by depriving you and the rest of America their liberty to determine who will be the recipient of their tip. Our courts have ruled that we do not care about liberty. If we do not speak up we will no longer have any liberty."

I will certainly do what I can. I will email your post to everyone I know. They are dead wrong. It is nothing more than stealing.

Thanks for your reply.

333 posted on 02/08/2006 6:32:22 PM PST by auggy ( http://www.wtv-zone.com/Mary/THISWILLMAKEYOUPROUD.HTML)
[ Post Reply | Private Reply | To 331 | View Replies ]

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