Author Topic: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity  (Read 2705 times)

Dos Equis

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Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« on: September 17, 2009, 10:47:36 AM »
Should she be allowed to keep it? 

Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
Thursday, September 17, 2009 

The University of Notre Dame has a new tip for a catering employee they mistakenly gave a $29,000 gratuity check: Give it back.

A lawsuit filed by the Indiana university claims Sara Gaspar used the accidental check to pay bills and buy a new car, MyFOX Chicago reported.

Notre Dame claims the check, which was supposed to be for $29.87, not $29,387, was issued on April 17 and alleges caterer Gaspar never notified university officials about the blunder.

Gaspar claims when messages she left regarding the check went unreturned, she assumed the amount wasn't a mistake. She also said her supervisors told her the check was legitimate and they would pass on her messages to the human resources department, MyFOX Chicago reported.

"I guess because it was there and I was in a bad situation, I went out and spent it," Gaspar told the South Bend Tribune. "I was so excited ... I thought, I could pay some of these bills."

Her attorney claims that because the funds were listed as "gratuity" and not "wages," Gaspar did nothing wrong.

Click here to read more on this story from MyFOXChicago.com.

http://www.foxnews.com/story/0,2933,551367,00.html

Hugo Chavez

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #1 on: September 18, 2009, 02:44:36 PM »
yawn...

Dos Equis

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #2 on: September 18, 2009, 02:46:52 PM »
Troll

Hugo Chavez

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Dos Equis

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Hugo Chavez

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Eyeball Chambers

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #6 on: September 18, 2009, 02:51:44 PM »
Double Yawn

I know you are.

Hilarious... HAHA  ;D
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Dos Equis

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #7 on: September 18, 2009, 02:52:38 PM »
I know you are.

but what am I?  lol. 

Eyeball Chambers

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #8 on: September 18, 2009, 02:54:53 PM »


Which one is Hugo, which one is BB?  ???
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Dos Equis

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #9 on: September 18, 2009, 02:59:07 PM »


Which one is Hugo, which one is BB?  ???

Hahahahahahaha!!!   :D

tonymctones

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #10 on: September 18, 2009, 03:16:05 PM »
If she actually did make efforts to return the money and nobody allowed her an opportunity then she should be allowed to keep it...shaft pay the fuck attention next time

Dos Equis

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #11 on: September 18, 2009, 03:28:34 PM »
If she actually did make efforts to return the money and nobody allowed her an opportunity then she should be allowed to keep it...shaft pay the fuck attention next time

I sort of agree.  She didn't steal it.  They told her it was legitimate. 

240 is Back

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #12 on: September 18, 2009, 04:21:57 PM »
This happens from time to time.  you want to keep it, but ya can't.

So 29k is okay?

What if the check was 2.9 million?  Should she have been allowed to keep that?

If not, what number in between is "right" to take money that isn't yours, due to a clerical error?  If they accidentally UNDERPAID her, she'd be the first one crying about fairness.  When the $ came her way accidentally, she cashed it and blew it.

Dos Equis

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #13 on: September 18, 2009, 04:31:59 PM »
They accidentally paid and then intentionally didn't respond to her calls (at least according to her): 

"Gaspar claims when messages she left regarding the check went unreturned, she assumed the amount wasn't a mistake. She also said her supervisors told her the check was legitimate and they would pass on her messages to the human resources department"

MM2K

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Re: Notre Dame Sues Caterer Mistakenly Given $29G Gratuity
« Reply #14 on: September 18, 2009, 05:51:13 PM »
Very tough call. I find it hard to beleieve that they told her the paycheck was legitimate after she informed them of the mistake. The only way this could be the case was if someone was really supposed to recieve $29000 and the company acidentally gave it to her and not someone else because of a computer glitch or something.

If the paycheck was only off by $200 or $300, or even $1000, then I would say that it is definately the responsibility of the employer and not the employee. In that situation the employee should be able to keep it without trying to confirm that the amount was correct. The employer is the one that pretty much offers the wages, they usually have a better idea of what the market rate is for that employee, and they are the ones that know what the rest of thier costs are. It is thier responsibility to make sure they arent screwing themselves.

But in the case of $29000, if she tried to keep it without confirming it with the company, then the company might deserve to sue her.
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