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There are always 3 sides to a story, follow up on Gallop Asian Bistro Anti-Gay message and no tip

Sadly it seems this waitress was trying to wrongfully draw attention, and sympathy cash for herself with false claims. One good thing about human nature, particularly being a scum-bag, doesn't discriminate on race, sex, or sexual orientation.

The article could be wrong but if the people can provide a copy of their credit card statement showing the full charge on their account, then that is pretty hard to dispute. If true, I think the waitress should be brought up on charges of theft by deception. Just my $.02

http://www.nbcnewyork.com/news/local/...

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  1. One can write anything on either of the customer or store copy of credit cards slips. If the verifiable charge on the customer's Visa monthly statement was $111, the waitress is guilty of fraud for any nickel she received later. There is still something fishy about this one.

    4 Replies
    1. re: Veggo

      I posted today on another thread that I'd seen this story on the Today Show this morning. Shame on the waitress. I'd love to see charges be brought, but assume they won't be. What a POS. Props to the couple for defending themselves.

      1. re: KrumTx

        I noticed your comments, I actually started that thread as well, that's why I decided to give this it's own room to roam. It would seem as if this waitress was a copy-cat of what happened to the server in the other thread.

        1. re: jrvedivici

          I don't understand people like this. Need money? Do what I did in my 20s and get a second job waitressing. Pisses me off.

          1. re: KrumTx

            Attention, monetary gain the reasons are varied and many I'm sure.

            If there is a scam there will always be a scammer somewhere.

    2. Bob?!?!? Is that you? I could care less about the article, I am just so happy to see you back and posting. You have been so greatly missed.. (now where is my $20?) Jk.......

      And I agree with you on all points regarding the article. That is why I am so happy to have you back!!

      6 Replies
      1. re: SaraAshley

        Awwww thank you very much Sara, yes I was away on vacation, nice of you to have noticed. :-) I trust you have been behaving yourself?

        Um, forward me the address of the nearest Western Union and I will send you that $20. spot.

        Catch me up.......what's been going on? Veggo behaving himself as well? I hope not! lol

        1. re: jrvedivici

          Vacation? Or did you finally find a bail bondsman?

          1. re: Veggo

            In some circles that is still considered a vacation, just of another type.

          2. re: jrvedivici

            I don't know....Veggo hasn't spoken to me once in the 9 days that you have been absent.......

            1. re: SaraAshley

              I still love you, darlin'! Absence makes the heart grow fonder!

              1. re: Veggo

                Ahhhhh......is that what it is? I know, I was just giving you a hard time! :)

        2. If true, the moral charge should be treason for what this is going to do to anyone with a legitimate claim of discrimination for their orientation.

          1. Interesting twist with this, in this news report video they state the family called the server Dan, instead of Dana. The family admits this, however claiming the hostess told them their server was in fact going to be Dan, but Dana showed up as a surprise, understandable to me.

            However in the video they state Dana immediately lodged a complaint with the name calling incident with her manager. Seems like a bit of an extreme step to take over a miscommunication of a servers name, especially when the name is one letter off.

            No matter what, the house obviously knew the truth and someone in management turned a blind eye since the credit card was charged to include a near 20% tip.

            When the truth comes out someone has a lot of explaining to do and should be held criminally responsible for their actions.

            http://www.nbcnewyork.com/news/local/...

            20 Replies
                1. re: C. Hamster

                  It's called fraud or theft by deception, anytime you lie or misrepresent facts and profit by it.

                  I'm surprised by your questioning that.

                  *edit, I am not an attorney and I'm sure a more formal answer could be provided by one.

                  1. re: jrvedivici

                    I'm totally confused by this. Waitress says customers did not leave a tip and used her sexual orientation as an excuse. The couple claims they left a tip and have proof of that. No one stole anything from anyone. The most I see is that the waitress made up a story to get attention - seeking her 15 minutes based on other news items. But where is the fraud? Are people sending her money based on the story? I see something about donations being made to Wounded Warriors but so what? Am I missing something?

                    Sure the waitress maybe guilty of lying but if that was a prosecutable crime, we would all be on vacation with jr in the big house.

                    1. re: Bkeats

                      The waitress claims she did not receive a tip AND that there was a derogatory message left on the check (regarding her assumed sexuality) AND then posted it via social network to call attention to the matter.

                      The waitress has since received several thousands of dollars in sympathy donations which she "promised" to donate to wounded warriors, but has yet to provide any evidence she has.

                      Assuming the credit card statement the customers have supplied is valid, which supports the restaurant charged the tip to their card on their visit, then both the waitress AND management/ownership knew this was false. Instead of coming forward with the truth they have both sat back and reaped the rewards this free press and advertising this has given them. Both have received unjust wealth from this deception.

                      Even if she does make the donation to Wounded Warriors the funds she donates were solicited / received under false pretenses, which is a crime of itself.

                      Hope that clears it up for you.

                    2. re: jrvedivici

                      I can't remember the whole story. That's why I asked.

                      How did she profit from it?

                      1. re: C. Hamster

                        Not being rude but please read through the thread I've repeated it several times.

                        There are also a few links to the news reports and verification(s) of their findings.

                          1. re: jrvedivici

                            I still don't see a "crime". So she made up a story. Some people in the world have decided to send her "tips." I don't see anything saying that she solicited money in the story that is linked. Perhaps its elsewhere, but its not included in the nbc article. If people choose to send money because they have been mislead into thinking the waitress has been slighted in some way but she never asked anyone for money, how was anyone defrauded? Caveat: I have a law degree but I'm not a lawyer so I'm having to dredge up old memories from crim law and procedure classes. Not saying I'm defending her behavior, I just don't see fraud in the legal sense based on the facts presented.

                            1. re: Bkeats

                              People lined up at Bernie Madoff's door go give him money, he hadn't solicited money from investors in 2-3 decades, yet they literally begged him to manage their money. How did that work out for him?

                              The only salvation she can have is if she didn't write that on the check, if another employee did, and Dana truly thought the customers left the check that way. If Dana was the subject of a "prank" by another employee, and a true victim herself. However that would have still required the house to conspire with the employee who altered that check because the house again accurately ran the charge including the tip.

                              That seems like a huge conspiracy theory to cheat someone out of an $18. gratuity.

                              Every year you read about people pretending to have a disease, like cancer, and suddenly everyone in their hometown is donating towards their medical bills. Then a year later it comes out the person never had cancer, but still accepted the money raised on their behalf, it's fraud every time.

                              1. re: jrvedivici

                                I'm not trying to be argumentative.

                                But who got cheated out of an $18 gratuity? Customers wrote in a tip on the cc slip. They got billed for it on the statement and paid it.

                                Restaurant then would have received the money from the cc company.

                                All I can conclude from the facts as presented is either (i) the waitress collected the $18 tip that the customers intended to leave and then she decided to print out another copy of the restaurant version of the receipt and then write the note on it and pretend she didn't receive a tip or (ii) the restaurant management or someone else on the staff decided to not pay out the tip to the waitress and again printed the duplicate receipt and wrote the note to perhaps give a reason as to why no tip was paid out. Scenario 1 shows a waitress in need of attention and scenario 2 show a potential fraud but against the waitress. I see no fraud by the waitress. 2 is convoluted but life is. There's the old saying that truth is stranger than fiction. I am basing this purely on the limited facts from the article so I could easily be spouting horseshit but I'm just reading what has been presented.

                                ETA: Do other people sign their copy of the receipt? I sign the restaurant copy but then I stick the customer copy in my wallet. Never sign it. I am curious for those who do, why?

                                1. re: Bkeats

                                  Not argumentative at all, however you completely fail to acknowledge her accepting money from strangers under the false pretense, and assumed false intended use, Wounded Warriors.

                                  Nobody knows what happened to the $18. gratuity, she might have received it, she might not, doesn't mean she can use that as a reason to falsely claim discrimination.

                                  1. re: jrvedivici

                                    I don't know if she solicited money. Yes people sent, but again, nowhere do I see her seeking money. Seeking attention yes, but nothing to say she sought money.

                                    But even if she did, is it any different than the panhandlers I see on the subway which have some act? I know there's one person who does this performance as a blind singer. I used to give to that person until one day, walking down the platform I saw that person clearly counting the money he had received. Then he put it into his pocket and walks away without the need of the cane he used in his act. Again, I'm not trying to justify anyone's conduct, but if someone is going to send cash to a person they have never met and only have heard about from social media or what passes as news these days, well as PT Barnum said....

                                  2. re: Bkeats

                                    I'm just chiming in on signing the customer copy of the receipt. I put an X on the signature line of mine. Why? I don't really know. Seems like a good idea to me for some reason. Doesn't hurt. :) But sign? No.

                                2. re: Bkeats

                                  Isn't slander a crime. She surely slandered the customers, whether she profited or not.

                                  1. re: TroyTempest

                                    Slander is not a crime, it's a tort (aka a "noncontractual civil wrong"). They would have to prove damages. Not worth their time.

                                    She needs help.

                                    1. re: TroyTempest

                                      Slander is spoken. It goes away.

                                      Libel is published, with the potential of a record. It is more serious.

                                      She likely committed both.

                                      Neither is a crime.

                                      1. re: C. Hamster

                                        Really? I was pretty sure both libel and slander could be criminal offenses, obviously if proven they caused damages.

                                        1. re: jrvedivici

                                          Criminal and tort law are different. Criminal law involves a public interest, tort law is among private parties.

                          2. How many of these stories have there been lately and how many have been discredited?

                            3 Replies
                            1. re: Worldwide Diner

                              Way too many and growing...I'm sure all the attention we pay to these reports is only fueling them further.

                              1. re: Worldwide Diner

                                24/7 news networks, my friend. there's a lot more time to fill than there is time to check the veracity of every shock! horror!! story that pops up. these stories aren't going away any time soon, if ever.

                                1. re: Worldwide Diner

                                  Sadly, the stories are headlines, but discredited in fine print.

                                2. Nbcnewyork reported a couple more data points on our illustrious waitress this morning. She was dishonorably discharged from the Marines, and at a previous job as a server was said to have shaved her head and faked brain cancer in order to accept sympathetic aid from co-workers, and then just disappeared. So, you do the math.....

                                  4 Replies
                                  1. re: Veggo

                                    Wow, the United States Marines did that to her, then she had a brain cancer scare and now these horrible bigots stiffed her on a tip!! How much can one person handle? Veggo NBC report any address to send checks of support, I'm getting my check book out now!

                                    1. re: jrvedivici

                                      You can send checks to me and I'll forward them to Dayna when this darn headache of mine goes away.....:)

                                      1. re: Veggo

                                        Check is in the mail! Feel better my friend and have a Happy!

                                        1. re: jrvedivici

                                          Igualmente! Happy T' day, hermano.

                                  2. Pretty awful behavior on the part of the server, it looks like.

                                    4 Replies
                                    1. re: EWSflash

                                      Yes, but I give as much blame on management as well. They could have stepped up and nipped this in the butt before it ever got traction.

                                      1. re: jrvedivici

                                        The actual cliche is much more family friendly, nip it in the "bud"

                                        1. re: Worldwide Diner

                                          Jr is not a PG-13 kind of guy, one of the reasons he is popular.

                                          1. re: Worldwide Diner

                                            Don't like the image of taking a bite out of her ass? Could probably use it in this case. LOL

                                      2. I personally would be pissed off as hell if someone did this to my receipt.

                                          1. re: sockii

                                            Sockii - thanks so much for posting that link - fascinating.

                                            1. re: Firegoat

                                              If the customers story is true, then the restaurant management/ownership knew this entire time her story was untrue yet they did nothing to stop her. I view them equally responsible for perpetrating the fraud. Management needs to be held accountable for letting this gain the traction it did.

                                              I would have thought there would have been more of a stance from within the LGBT community regarding the server trying to exploit her sexuality for her own gain.

                                              1. re: jrvedivici

                                                My guess would be they have bigger fish to fry.

                                                1. re: linguafood

                                                  They do in fact have crispy pan-fried salmon, $18.95.

                                                2. re: jrvedivici

                                                  Judging from the comments on this story and the posts on facebook for the restaurant, they are getting a reasonable amount of blow back.

                                                  1. re: jrvedivici

                                                    Who processes the tip? If the restaurant processed the tip, then it must've known the story is a hoax. In that event, the restaurant should return all funds and shut itself down, or fire the person responsible for perpetuating the hoax.

                                                    1. re: Worldwide Diner

                                                      Yes, I agree completely. If the customer has their credit card statement (which I believe has been verified they do) which shows the tip was included in what was charged to their card on the night in question, then the restaurant knew all along this was false.

                                                      The restaurant liked having the news trucks outside, liked people coming in to show support for the server, and liked all the free publicity. They never bet that the people would recognize their receipt and/or speak up and let their side be heard.

                                                      The restaurant or management/ownership was practically a co-conspirator with the server once they allowed the story to go viral/public.