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When I first read of this story I was about to do a diary and something held me back, not the least of which was that the incident occurred in Bridgewater NJ, a locality from my experience that is fairly tolerant and open minded. Something just seemed off. Nevertheless the story went viral and became a cause for soliciting donations to Wounded Warriors.

Now a family whose receipt is identical to the one posted on Facebook (minus the hateriol) says they did tip their waitress and provided documentation in the form of their receipt with the same amount and time stamp, and a credit card bill.

But a family contacted NBC 4 New York claiming their receipt from the restaurant shows they did leave a tip, and provided what they said was a credit card statement as proof.

The husband and wife, who asked to remain anonymous, showed NBC 4 New York a receipt that appeared to be printed at the same minute, on the same date, for the same $93.55 total, except with an $18 tip.

They also provided a document they said was a Visa bill, which appears to indicate their card was charged for the meal plus the tip, for a total of $111.55.

The couple told NBC 4 New York that they believed their receipt was used for a hoax. The wife says she is left-handed and could not have made the slash in the tip line, which she said looks to be drawn from the right.

"We've never not left a tip when someone gave good service, and we would never leave a note like that," the wife said.

The husband said he and his wife have both worked in restaurants and believe in the value of tipping, and noted that he didn't vote for Gov. Chris Christie because the governor doesn't support gay marriage.

The waitress, Dayna Morales, says she never received a tip. The restaurant is declining to comment pending an investigation but would not produce the receipt for NBC.
A manager and the restaurant owner insisted they had the original ticket for the $93.55 charge, but would not produce the receipt for NBC 4 New York and could not explain why the family's credit card was charged for more.
It sounds like the incident started from a misunderstanding when the family was seated and told their server would be "Dan", and when Dayna appeared said "whoa, you're not Dan". Not, as reported, that her name should be Dan.

Personally I always found the restaurant's statement about supporting Dayna a little 'off' and said so in comments, but was told my anger was misdirected; it sounds like this is simple wage theft, maybe even a publicity stunt,  masquerading as something else.  At least the Wounded Warriors got some much needed donations and attention.

Wed Nov 27, 2013 at 10:12 PM PT: Friends and acquaintances of Dayna Morales have come forward to say she is a habitual liar. She told friends her father raped her and she got pregnant, but had no baby because she got cervical cancer which spread to the baby which died, She even shaved her head because of the cancer, she never served in Iraq or Afghanistan according to the Marines, and she told co-workers a boat landed in her living  room during Hurricane Sandy. Concerned, they checked on her and there was a bit of water damage on the carpet at the entrance to her home. She sounds like a very sick individual who needs people's sympathy and will do anything to get it. She will certainly be fired, and I hope she gets help.

http://www.mediaite.com/...


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Comment Preferences

  •  The merchant's copy is what counts (8+ / 0-)

    The customer copy proves absolutely nothing; you can write whatever you want on it. No doubt a handwriting expert will have to be call in to determine whether the same person who signed the merchant's copy also wrote the note.

  •  The manager stole the tip. (6+ / 0-)

    I don't know who wrote the note.

    •  I'm betting he did it as a coverup, after (2+ / 0-)
      Recommended by:
      88kathy, Catte Nappe

      reading about similar incidents elsewhere. I hope we get to the bottom of it.

    •  This is the best theory that matches (2+ / 0-)
      Recommended by:
      Heavy Mettle, Catte Nappe

      all the facts so far.

      Shall we go? Yes, let's go.

      by whenwego on Tue Nov 26, 2013 at 10:24:49 AM PST

      [ Parent ]

      •  Why? (1+ / 0-)
        Recommended by:
        doc2

        Seems to me the best theory would be that the waitress did this to gain sympathy and get lots of money sent to her from sympathizers.

        This is what occurred in other cases like this and it doesn't surprise me that someone who read about how much money other service people got sent to them would try to make some money by pulling this scam.

    •  Um, the manager was not even (0+ / 0-)

      working that night. Sorry, but your theory falls apart given this well-publicized fact.

    •  Entirely possible. I worked at a restaurant in... (1+ / 0-)
      Recommended by:
      viral

      ...college.   Delivering pizzas, specifically.  

      We had a shift manager that was canned after the owner caught him lifting tips from drivers.  

      The way it worked is that each employee had a slot to put his/her money, checks, and credit card receipts into. The other side opened up into the manager's office, which was locked.  At the end of the night, the shift manager counted up everything you delivered and came up with a total for the pizza delivered.  He then counted the money, checks and credit slips.  So, if you delivered $300 worth of pizza, and you had $400 in your box at the end of the night, you took home the extra $100.

      Except something strange kept happening.  People would get FANTASTIC tips, yet at the end of the night, only wound up with a fairly pedestrian "overage" in their boxes.  One guy delivered $400 in pizza on one run to a church group party at a hotel banquet room.  They gave him a $100 tip.  At the end of the night, he only had like $50 extra in his box.  

      It didn't make sense.  On a busy friday night with a $100 tip from a single run, he should have had at least $200 extra in his box.  

      The owner fielded many complaints from drivers about how their tips seemed to "disappear" quite often when a certain manager worked.  

      He devised a sting operation.  The owner gave the lead driver $100 in small bills to deposit in his box.  This money was not associated with any delivery, so it should have been returned completely that night.  He also asked the lead driver to keep a written log of how much he made in other deliveries that night.  At the end of the night, the driver had like $60 in legit tips, plus the $100 in "fake" tips they had put in his box.  Yet when the manager counted him out, he only wound up with like $110.  

      The owner came in and confronted the manager, asking how it could be that the driver had deposited $XXX in his slot, yet when the manager counted it out, it was less.  

      From then on, there was a new policy.  Every driver's pigeonhole would be locked with a combination lock that only the driver had the combo to.  At the end of shift, the driver would go with the manager into the office, remove his or her lock, take out all the money, and the managers would count the money in the driver's presence.  

  •  Just goes to show you can never take (7+ / 0-)

    things like this at face value.  There was a lot of condemnation of that family, and it now seems that there's a question as to whether it was warranted.

    For me, assuming the credit card statement is not forged, the fact that their card was charged for an amount that included a tip would indicate that there's a problem with the story the waitress and/or restaurant are telling, but like I said, I could be convinced otherwise if more evidence comes up.  

    As an attorney, I have to point out that if it turns out that that this waitress somehow fabricated this -- and the restaurant was in on it -- to essentially defame this family (I'd bet that they've gotten some measure of venom over what they supposedly did), I could see a lawsuit.  If this was fabricated (and right now, only the people involved know for sure) -- well, you can't go around just making up bad stuff about people and spreading it around in the public domain for some purpose of your own.  

    •  As I said elsewhere, the restaurant's canned (0+ / 0-)

      response seemed very odd to me at the time though I couldn't put my finger on why. Once again my intuition holds true.
      Agree about them being unnecessarily condemned, and explains why they felt the need to speak out

    •  Is it defamation, if the diners' identity was (2+ / 0-)
      Recommended by:
      Heavy Mettle, Tonedevil

      never revealed? The diners revealed their own identity to the media. Nobody fingered them prior to this. Can you still claim defamation?

    •  Fox News, and others? (1+ / 0-)
      Recommended by:
      Miniaussiefan
      you can't go around just making up bad stuff about people and spreading it around in the public domain for some purpose of your own.  

      “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

      by Catte Nappe on Tue Nov 26, 2013 at 11:35:30 AM PST

      [ Parent ]

      •  Sure they could be sued if they (1+ / 0-)
        Recommended by:
        Catte Nappe

        said someone objectively false that defamed someone.  If they said, So and so has a criminal record, and so and so was never convicted of a crime, that could bring a lawsuit. For ordinary people, just putting out something that is objectively factually false that damages their reputation can be actionable.  Something that's largely opinion -- even if the opinion is unfounded -- cannot be actionable. So, if I falsely say you were born in Kenya, and that hurts your reputation (say you lose business) that's actionable.  If I say, "she's a slut," that's not actionable because it's opinion.  If I say, she had sex with these 10 men, and that's false, that might be actionable.

        The issue with a network like FNC or MSNBC or CNN is that most of the time, they are talking about public figures.  And the standard is higher for public figures.   Even if what you say about them is factually not accurate, it's not actionable UNLESS it was done with "actual malice" -- actual knowledge that the statement is false or with reckless disregard of the truth.  (see New York Times v. Sullivan.) So, if someone says, "President Obama was born in Kenya," to make that actionable, you'd have to prove that the person saying it actually knew that it was false -- not that he should have known it was false.  "Actual malice" can be overcome pretty easily -- if some CT says, "well, his U.S. Birth certificate looks fishy because of this, and this statement he made 20 years ago indicates to me that he was born in Kenya," that's probably stupidity, or being a CT, but not "actual malice" when you are dealing with a public figure.  And, you'll notice that most of the reporters on FNC don't make the statements like "the President was born in Kenya." They'll report what somebody else is saying.  So the reporter cannot be sued for that.  That's an overly simplistic view -- but read that case if you want to see the standard for when the press -- and yes, FNC is considered part of the press under the law -- can be held liable for false statements about a public figure.  

    •  Social and 24/7 media... (0+ / 0-)

      have turned us into a nation of very gullible people.  We believe it because it's on TV(and now Facebook, YouTube, Twitter, etc.).

  •  I don't like the way restraurants have to fiddle (4+ / 0-)

    around with your plastic in the back to get paid. It's creepy.

    Why is it easier to buy a gun than it is to register to vote in most states?

    by 88kathy on Tue Nov 26, 2013 at 10:08:28 AM PST

    •  With all the concern for identity theft and (2+ / 0-)
      Recommended by:
      Sylv, 88kathy

      people who won't give their cc numbers online, this seems far more vulnerable to abuse. Agreed.

    •  Insist (3+ / 0-)
      Recommended by:
      Heavy Mettle, Sylv, 88kathy

      On either an electronic POS terminal or the card embosser being brought to your table so the card never leaves your sight. If they cannot do this, go to the till.

      A handheld portable terminal should just require your PIN, not a signature. It should not be attached to any other equipment as opposed to the ordinary wired ones (which may not be as secure).

      If they object to you staying in sight of your card, give them cash, watch them if they check your high value dollar bills, do exactly the same to all the ones they give you in change, slowly, one by one. Why should you trust them if they do not trust you?

      We will work, we will play, we will laugh, we will live. We will not waste one moment, nor sacrifice one bit of our freedom, because of fear.

      by Lib Dem FoP on Tue Nov 26, 2013 at 10:32:47 AM PST

      [ Parent ]

  •  Didn't someone once say that a lie can travel (11+ / 0-)

    halfway around the world before the truth gets its shoes on?

    Thanks for shining the light.

    •  That's The Entire Business Model Of Fox News, (1+ / 0-)
      Recommended by:
      Susan from 29

      the Republicans, the Tea Party, and their spokesflab Rush Limbaugh.

      "I think that gay marriage is something that should be between a man and a woman.” - Arnold Schwarzenegger 2003

      by kerplunk on Tue Nov 26, 2013 at 11:52:35 AM PST

      [ Parent ]

    •  Yes, or close (1+ / 0-)
      Recommended by:
      Susan from 29

      Mark Twain (Humor)

      And Winston Churchill (Tory)

      And James Callaghan (Labour)

      And Terry Pratchett (Humour)

      And before any of them a preacher by the name of Charles Spurgeon (in 1855), who himself claimed it was an old proverb.

      Yale Book of Quotations (according to the Freakonomics website) says:
      An earlier version appears in the Portland (Me.) Gazette, Sept. 5, 1820: “Falsehood will fly from Maine to Georgia, while truth is pulling her boots on.”  Still earlier, Jonathan Swift wrote in The Examiner, Nov. 9, 1710: “Falsehood flies, and the truth comes limping after it.”

      The plural of anecdote is not data.

      by Skipbidder on Tue Nov 26, 2013 at 12:02:25 PM PST

      [ Parent ]

  •  Occam's razor suggests the waitress faked (5+ / 0-)

    the receipt, but who knows, maybe the restaurant did it.  Guess we'll find out in due course.

    •  Agreed. Seems far-fetched to suggest wage theft (4+ / 0-)

      The simplest explanation would be that this waittress lied and made up the whole story. Just like the other waittress who posted the receipt that supposed said 'none n***', only to be shown that the racial epithet was not written by the same person.

      Anyone who is fighting real injustices, should be offended by these phonies making up fake injustices to pocket a few dollars.

      •  yup (1+ / 0-)
        Recommended by:
        doc2

        There are scam artists everywhere looking for ways to make money.

        These sorts of scams are the worst because they make kind and generous people cynical.    I'm a beyond repair cynic that tries hard not to look at everything so critically without much success.

  •  I believe the waitress (5+ / 0-)

    concocted this whole farce for financial gain.

    I was wondering if this sort of thing would happen once previous stories in the news about no tip being given due to the service person's sexuality resulted in lots of money pouring in to the service person.

    As a former waiter, I can tell you that the waitress would have looked at the receipt to see her tip so I highly doubt this was something done by someone else at the restaurant.

    I also find it odd that she was only donating part of the money coming in to the Wounded Warrior fund.   Why wouldn't she be donating all of it?

  •  FWIW.... (3+ / 0-)
    Recommended by:
    skrekk, whenwego, Tonedevil

    I'm a 28 year Foodservice worker and have been in Management the last 18 of those.  I've researched and dealt with all kinds of payment issues pertaining to credit cards, debit cards and tips.  In my humble opinion there is not enough information presented so far for me to conclude either way but if you gave me 24 hours I could probably figure out what happened as long as I had the same access as the restaurant owner/manager and if the bank who issued the card responded in a timely fashion.  

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