Waitress Suspended With Pay For Posting Racist Receipt on Facebook

Mediaite ^ | 9/12/2013

[markomalley]

Over the weekend, 19 year-old Nashville Red Lobster waitress Toni Jenkins got an unwelcome tip from a couple of customers: the tip line on their $44.53 check was generously scrawled “none,” and below it, as an added bonus, the n-word. An outraged Jenkins showed the receipt to her manager, and later posted it on her Facebook page (she has since taken it down), for which she was suspended with pay. The man who left the nonexistent tip admits to stiffing Jenkins, but denies scribbling the n-word on the receipt.

Jenkins related the incident to the UK Mail:

‘They were extremely rude, but I introduced myself to them and they didn’t respond. When I came to take their orderm they simply told me they wanted their food and to put everything in a to-go box. I offered them dessert but they told me abruptly that they just wanted the check.’

‘When I went back to the table they had gone and left the receipt and had written the comments.’

The couple were said to be a man and woman in their 20s.

Miss Jenkins said after picking up the receipt, she showed it to her manager who reassured her that she had done nothing wrong and that she did not deserve such abuse.

Speaking of her decision to post the receipt online, Miss Jenkins said she had been surprised by the reaction.

‘It’s all very surprising to me. When I posted it I thought it might get a few ‘likes’ from friends and family. People praying for me, that kind of thing. I didn’t think it would escalate this quickly. I am just a 19-year-old nursing student.’
The branch of Red Lobster in Franklin where Miss Jenkins works has now suspended the teenager on full pay until they decide what to do next.

Jenkins told The New York Daily News that her intent was not to retaliate against that specific customer, whose name, it turns out, is Devin Barnes:

“It wasn’t to get back at the gentleman,” Jenkins said. “I knew his signature was there, but I didn’t know his actual name was printed on the receipt. My intention wasn’t to attack the guy.”

In a written apology, that guy, Devin Barnes, admitted to signing “none” in the tip line when he ate at the restaurant with his wife but denied writing the racial epithet.

“I do not approve of the use of that type of talk, not now or ever!!!” Barnes wrote.

Barnes’ attorney, Richard Dugger, told NBC News that the young man is innocent and someone else is to blame for the disturbing language.

Jenkins also told The Daily News that she’s not angry at Barnes, and would even give him a hug if she could.

Stiffing a waitress on a $45 check or a suspension with pay might not sound all that serious, but Tennessee, like most states, has a $2.13 minimum wage for tipped employees, while a waitress like Toni has to pay taxes based on sales, and typically pays a portion of sales to other restaurant staffers like bartenders and buspersons. For that $45 meal, Toni was paid $2.13 an hour, but had to pay taxes on that check, and likely had to share up to 30% of the nonexistent tip with other restaurant staff. On that meal, the tipshare alone would have been $1.35, which means that unless it took her half an hour to box up that meal, Toni actually paid to serve those customers. Raist or not, stiffing your server is not okay.

[9YearLurker]

That’s how I interpreted the ordering at a table—and then ultimately wanting it ‘to go’.

[cincinnati65]

The n’s and the e’s are definitely different in ‘none’ and ‘n-word’.

[mass55th]

The “er” in the N word on the receipt are connected. None of the words with “er” next to each other in the statement are connected. In my opinion he didn’t write it.

[digger48]

so is the “e”

[Williams]

Not a forensics expert, but this being a “to go” order sometimes those merit a tip, sometimes it’s handled in a way that does not suggest a tip.

When I only deal with the cashier or there is no service meriting a tip (like fast food) I make a point of drawing a line through the “tip” space, and writing in the total.

Just saying sometimes on a take out order there is no reason for a tip as it wouldn’t go to anyone who prepared the order.

[CharlesWayneCT]

The reason I believe it is possible she did it is because of her reaction since. She seems to go out of her way to try to get people to stop attacking him. Moreso than someone who was mad about being called the n-word, but was trying to keep her job. More like someone who thought it would be cute to claim to be called the n-word, but didn’t notice the guy’s name was on the receipt, and now realizes she screwed him big time.

But she can’t confess, because she’d get fired. So instead, she’s trying to keep her job, but also keep him from getting Trayvon’d.

[Williams]

Without an expert, it all looks like sloppy writing and printing to me. It could all be mine and I definitely was not there.

It is highly unlikely a customer would leave that behind in this day and age. Also from anything I’ve have heard, there does not seem to be any reason for it, no spat between server and customer.

Seems more likely the customer left no tip (which I think can be appropriate on a take out order) and maybe the waitress decided to get him back for it.

Really no way of knowing as yet.

[CharlesWayneCT]

I could see, if they had ordered and waited so long that they had to take their food to go, that they might want to show their disapproval by not leaving a tip.

If I really thought the waitress was to blame for a late meal, I might go so far as to tip them 10%, and I would have told them they were too slow. I’ve never blown off a tip entirely. but understand why someone might in this instance.

None of the pictures I’ve seen of the receipt have the full word, everybody has been blanking it out. But it should be easy, if he wanted to sue, to get a handwriting expert to make a judgment.

If I were him, and I was innocent, I would send a notice to the restaurant of intent to sue for the cost of an expert, and enough money to advertise the results so that he doesn’t get Trayvon’d.

[G Larry]

Disagree!

He owns the “g” on the receipt!

[Sacajaweau]

I called my pastor who is an attorney....

Say no more!!

[Sacajaweau]

You’re quite right. Throw the damn thing in the basket...

[Sacajaweau]

So these waitresses get to take receipts home?

What's wrong with this picture?

[Irenic]

Toni was paid $2.13 an hour, but had to pay taxes on that check, and likely had to share up to 30% of the nonexistent tip with other restaurant staff.

which means that unless it took her half an hour to box up that meal, Toni actually paid to serve those customers. Raist or not, stiffing your server is not okay.
**************************
That is NOT true!

What is the minimum wage for workers who receive tips?

The Fair Labor Standards Act (FLSA) requires payment of at least the federal minimum wage to covered, nonexempt employees. An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee’s tips combined with the employer’s direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference.

Some states have minimum wage laws specific to tipped employees. When an employee is subject to both the federal and state wage laws, the employee is entitled to the provisions which provides the greater benefits.

[napscoordinator]

the “e” on the receipt looks exactly like the “e” in the last word in the letter. I think the customer did it. Although this has been news for over a week now. Big deal. Never let that customer into the place again. Problem solved.

[CatherineofAragon]

"We see this time and time again because the loftiest attainment for child-like blacks in America is to be elevated from being an honorary victim of racism by birthright, to a confirmed victim."

Exactly. She admits she posted the receipt on Facebook to get support and prayer---LOL! Does she ask for prayer every time she listens to a rap song?

[Frapster]

Yup and I personally tip on meals to go.

[struggle]

compare the e in ‘none’ and ‘nigger’. same loop. g hook is also similar to the g’s in his essay.

Grab the waitresses application for the job and compare the handwriting.

[Excellence]

Barnes’ ‘i’s are straight, his ‘g’s closed, his ‘e’s not joined to any other letter, and uses no flourishes other than his signature.

[Jeff Chandler]

I tip VERY generously when I sit down to eat and the service is at least adequate, but I give only a small tip on to-go food. I would say it is a “token” tip, but that would be racist.

[Jeff Chandler]

He owns the “g” on the receipt!

I don't see it. Also, the slur was half printed, half cursive. The note was not. It is either a hoax or somebody played a cruel joke on the waitress.