Red Lobster suspends waitress after she was insulted with a racial slur

[PrometheusBound]

She definitely had the right. She just will have to deal with the consequences of doing it if any.

She did not have the right to do that, you dumbass.

Yes she did dumbass. Thats why she did it. Once he disrespected her she gained that right. Now she just has to deal with the consequence of exercising that right.

Calling someone "******" isn't any worse than calling someone "dumbass." So when is Eric Holdup going to get you two banned from the Internet and fired from your jobs?

 

[Asclepias]

You're right. Wonder where his copy of the receipt is? If it was me, I'd probably have tossed it. But if he didn't, that's his proof right there.

Not really. If he had an ounce of sense he would have removed the customer copy if it was the carbon type before going back and adding the word. Any attorney could paint that scenario effectively. Would fit with my theory it was added as an afterthought by the customer.

Modern credit card terminals use thermal printers....no carbon like back in the beginning....both receipts are printed one after the other. Only in the last few years have the customer's copy entire card number been Xed out except for the last 4 digits....imagine if she'd put that on her Facebook page. This waitress have committed multiple felonies, both state and federal statuates broken, and the story is what.....that the customer is a "racist"? HUH?

I was not sure from the photo if Red Lobster had kept up with technology. I'd say the customers use of a word that keeps this country divided and unable to get past slavery more of an issue than the partial release of said customers information.

 

[Asclepias]

She did not have the right to do that, you dumbass.

Yes she did dumbass. Thats why she did it. Once he disrespected her she gained that right. Now she just has to deal with the consequence of exercising that right.

Calling someone "******" isn't any worse than calling someone "dumbass." So when is Eric Holdup going to get you two banned from the Internet and fired from your jobs?

What is "worse" or not is subjective to the person hearing it. To a Black person it could possibly be the worst thing a white person could say. To you it may be just funny. Assuming your view is what counts as the correct way to look at it entails believing everyone thinks like you.

 

[Ernie S.]

No where in our Constitution do I see anything granting us freedom from being offended.

I suggest you develop a thicker skin. It makes insensitive bores like Bodey easier to deal with.

 

[Quantum Windbag]

Please note: I went back and edited out the "Oh, bullshit" because Asceplias and The Gadfly have inspired me to be a better person.

However, you are wrong about my stance on this. I'm not sure which way this will go, but I don't see that the waitress would have much incentive to write "******" on that receipt. Does anyone really think she foresaw that as a way to "get some money"? I don't, that's just too farfetched for me.

But if you think I'm one of those who will always support the black people, regardless of the circumstances, you are wrong. I am guilty of the same thing Paula Deen confessed to, okay? Yet, one of my best friends is a black woman. I have a young niece who is black. I am always striving to be a good person and the blatant racism I see on these forums repulses me. So perhaps I tend to give the black person the benefit of the doubt here, in this venue. But it is in response to the horrible, incendiary things that are said, not because of some partiality for the black race over the white race, or any such thing.

I really wish they would get some handwriting experts to look at that slip and give their assessment of whether the same person wrote those words. If the black woman wrote the word "******" on that receipt, I will have some harsh words for her. I just really doubt that she did. It doesn't add up.

She was stupid, and people gave her money, Stupid people don't plan to make money they just get lucky.

I wish I'd do something stupid and people would send me $10,000. It would be a lifesaver right now.

Hmmm. Now you've got me thinking.

Have you tried complaining about getting a paid vacation?

 

[Quantum Windbag]

Don't know if this has been mentioned yet, but if his receipt doesn't have the "******" scrawled on it, that waitress is also guilty of forgery.....credit card receipts are legal documents. Will a prosecutor charge her? probably not....nobody got stabbed.

It's cute when you guys try to play lawyer. Forgery requires an intent to defraud, so even if we accept his story, it doesn't contain a necessary element of the offense.

A good prosecutor could argue that there was intent to defraud because she ended up making money off of it. It would be hard to convince me that that was her intent, but there are a few people it would work on.

 

[BullKurtz]

Not really. If he had an ounce of sense he would have removed the customer copy if it was the carbon type before going back and adding the word. Any attorney could paint that scenario effectively. Would fit with my theory it was added as an afterthought by the customer.

Modern credit card terminals use thermal printers....no carbon like back in the beginning....both receipts are printed one after the other. Only in the last few years have the customer's copy entire card number been Xed out except for the last 4 digits....imagine if she'd put that on her Facebook page. This waitress have committed multiple felonies, both state and federal statuates broken, and the story is what.....that the customer is a "racist"? HUH?

I was not sure from the photo if Red Lobster had kept up with technology. I'd say the customers use of a word that keeps this country divided and unable to get past slavery more of an issue than the partial release of said customers information.

Red Lobster and everybody else has to have modern terminals for security reasons....about 5 years ago the industry deemed old terminals unsecure/unencrypted and quit taking transactions from them. The copy in question is the customer copy which would have been handed to him after the transaction was completed....there would be no way he could have written "******" on his copy, or ever signed it, and her being able to snap a pic of it, unless he never got his copy or left it behind because he was in a hurry.... Bogus story.....hopefully Facebook gets sued for allowing it to be posted.

 

[Ernie S.]

Don't know if this has been mentioned yet, but if his receipt doesn't have the "******" scrawled on it, that waitress is also guilty of forgery.....credit card receipts are legal documents. Will a prosecutor charge her? probably not....nobody got stabbed.

It's cute when you guys try to play lawyer. Forgery requires an intent to defraud, so even if we accept his story, it doesn't contain a necessary element of the offense.

A good prosecutor could argue that there was intent to defraud because she ended up making money off of it. It would be hard to convince me that that was her intent, but there are a few people it would work on.

So? People don't step in front of cars or slip purposefully in puddles in grocery stores?. There are lots of people who fake injuries to collect damages.

 

[Quantum Windbag]

It's cute when you guys try to play lawyer. Forgery requires an intent to defraud, so even if we accept his story, it doesn't contain a necessary element of the offense.

No, what's "cute" is when idiots like you try to get by with fake knowledge on the subject.....Forgery need not have "an intent to defraud"....if you're a lawyer, you're a piss-poor one. I'm quite familiar with the legalities of credit card processing; you obviously are not. It's also a federal beef what she did because credit card transactions are interstate commerce. If the customer in question pursues her, she'll end up with multiple charges against her....well, she would if the DOJ prosectued blacks during Hussein's illegal presidency.

Forgery requires intent to injure or defraud (both of which refer to monetary damage). There was no effort to take money from Mr. McRacist here.

As usual, the person who is arguing that he understands the issues doesn't. There doesn't have to be any money, or actual harm, involved, all that is necessary is that the forger intended to pass a false document off as a real one.

Elements of Forgery - Forgery

 

[Dot Com]

so has the rw media proven that the waitress lied yet?

 

[Againsheila]

Modern credit card terminals use thermal printers....no carbon like back in the beginning....both receipts are printed one after the other. Only in the last few years have the customer's copy entire card number been Xed out except for the last 4 digits....imagine if she'd put that on her Facebook page. This waitress have committed multiple felonies, both state and federal statuates broken, and the story is what.....that the customer is a "racist"? HUH?

I was not sure from the photo if Red Lobster had kept up with technology. I'd say the customers use of a word that keeps this country divided and unable to get past slavery more of an issue than the partial release of said customers information.

Red Lobster and everybody else has to have modern terminals for security reasons....about 5 years ago the industry deemed old terminals unsecure/unencrypted and quit taking transactions from them. The copy in question is the customer copy which would have been handed to him after the transaction was completed....there would be no way he could have written "******" on his copy and her being able to snap a pic of it, unless he never got his copy or left it behind because he was in a hurry.... Bogus story.....hopefully Facebook gets sued for allowing it to be posted.

Not sure what you are trying to say here, but the copy she posted was the restaurant's copy.

 

[Quantum Windbag]

The personal invective would be a lot more effective if it wasn't being used to defend a point that you're absolutely wrong about. I used my own state's statute when first thinking through the matter (which uses "intent to injure or defraud" as the test). I dug back through the thread to see which state the store was originally from, and it uses the same test ("with intent to defraud or harm", Tennessee 39-14-114).

Actually, Tennessee law says "personal or monetary gain." Feel free that she did not get personal or monetary gain out of this, or did you imagine that the only person that could press for fraud charges against her is the guy whose credit card receipt she altered? Didn't she defraud everyone who contributed to her top fund?

Here is a thought experiment for you.

Imagine you find out that a waitress has altered a credit card receipt and posted it on social media. Would you assume that this is the first time she altered a receipt, or would you investigate all or the receipts she had ever handled to see if she had done it before?

Do you see why a company, like Red Lobster, might take a dim view of their employees doing things like this?

 

[PrometheusBound]

Modern credit card terminals use thermal printers....no carbon like back in the beginning....both receipts are printed one after the other. Only in the last few years have the customer's copy entire card number been Xed out except for the last 4 digits....imagine if she'd put that on her Facebook page. This waitress have committed multiple felonies, both state and federal statuates broken, and the story is what.....that the customer is a "racist"? HUH?

I was not sure from the photo if Red Lobster had kept up with technology. I'd say the customers use of a word that keeps this country divided and unable to get past slavery more of an issue than the partial release of said customers information.

Red Lobster and everybody else has to have modern terminals for security reasons....about 5 years ago the industry deemed old terminals unsecure/unencrypted and quit taking transactions from them. The copy in question is the customer copy which would have been handed to him after the transaction was completed....there would be no way he could have written "******" on his copy, or ever signed it, and her being able to snap a pic of it, unless he never got his copy or left it behind because he was in a hurry.... Bogus story.....hopefully Facebook gets sued for allowing it to be posted.

She has to check if he signed it; otherwise the credit-card charge is no good. So she immediately sees the horrible!!! word and doesn't confront him right in the restaurant?

 

[Polk]

HOLY TOLEDO! are you a masochist or just trying to recover some dignity? Forgery is forgery in all 50 states and territories...it doesn't require "intent" to defraud or injure in any state. When you add to a person's private correspondence or legal papers, you are a forger whether you gain anything from it or not, or whether the person is injured or not. And forgery isn't defined by faking a person's signature either. I'll have to charge you for any further legal training and I don't accept American Express...their interchange rates are always 150bp above Visa and MC.....go Google what I just said for free.

Who should people believe: some e-tough guy or what the state's statute specifically says (find 39-14-114 at LexisNexis® Custom Solution: Tennessee Code Research Tool for those interested)?

I've never said it matters whether or not the "forger" gained (it doesn't, by the way, nor does it require an intent to defraud a specific party). What it does require is intent to defraud or harm (in this context, financial gain). Even we accept all your claims about the waitress as true, you still wouldn't have the necessary elements. Those claims are all highly suspect anywhere, not even close to reaching beyond a reasonable doubt. They're not even enough to win a civil judgment.

You're continuing to confuse this issue with libel law...this is CRIMINAL LAW ya drooler. At least now your admitting you screwed the pooch with the silly claim of "intent" in defraud or injure....not sure why you're continuing to pursue this other than your face is burning with embarrassment and you're angry for playing the fool for me. BTW I'm not an "e" tough guy....heartbreaker and lifetaker IRW, sugar lips. xxxxxxooooo

No one has mentioned libel except you. You must have intent to defraud or harm. That's from the statute.

http://www.leapu.com/resources/TENNESSEETM.pdf

 

[Quantum Windbag]

Well, sometimes you can, but not by someone's signature. In many cases people purposely make them difficult to read because it's harder to forge that way. I know my signature is nothing like my writing and I dare anybody to be able to read it.

I hate to break it to you, but the people who have sloppy signatures, like me, have been lying about that for years. Neater signatures are actually harder to forge than sloppy ones. You can hide the little mistakes that would be obvious in a neat signature inside a sloppy one.

That's what I thought too, until I read that book on handwriting.

You should have read more than one book. The hardest signatures to forge are the neat ones with large loops, as few pen lifts as possible, multiple intersections, and that are as consistent from one sample to the next as humanly possible. Sloppy handwriting does not fall into that category, which makes it possible for an accomplished forger to duplicate it.

My signature is basically one huge scribble because I like the way it looks, and because I don't have enough money for good forgers to target me. If I was rich I would change my signature.

 

[BullKurtz]

I was not sure from the photo if Red Lobster had kept up with technology. I'd say the customers use of a word that keeps this country divided and unable to get past slavery more of an issue than the partial release of said customers information.

Red Lobster and everybody else has to have modern terminals for security reasons....about 5 years ago the industry deemed old terminals unsecure/unencrypted and quit taking transactions from them. The copy in question is the customer copy which would have been handed to him after the transaction was completed....there would be no way he could have written "******" on his copy and her being able to snap a pic of it, unless he never got his copy or left it behind because he was in a hurry.... Bogus story.....hopefully Facebook gets sued for allowing it to be posted.

Not sure what you are trying to say here, but the copy she posted was the restaurant's copy.

I see that at the bottom but the merchant copy doesn't have the customer's card # Xed out except for the last 4 digits...the whole number is required from the processor and why you always check your receipts at a restaurant to see if the information is correct. There's always the possibility the numbers were blurred by whomever published the pic of course. I haven't looked to see what pic she posted on FB. Most credit card fraud comes from.....WAITERS at restaurants so you should never let your card leave your eyesight. If you aren't presented with a wireless terminal by your waiter, pay at the front register.

 

[Polk]

For those saying "Red Lobster had a legal right to suspend her", I don't think anyone here is really arguing against that. What's being argued is if Red Lobster should have suspended her. Just because you CAN do something doesn't mean you SHOULD.

They should have shit-canned her on the spot!

I agree, even if (and that's a big if) the customer wrote the "n" word, she had no right to post his person information on the internet. She could have talked about the incident on line but to post his name, and the last 4 numbers of his credit card number is illegal. The restaurant is putting themselves in danger of a lawsuit by keeping her on, of course the damage was already done and there may be a lawsuit anyway. I can't see anyone hiring her as a nurse now. I think she's pretty much ruined her future, at least the one she was planning on.

If you're going to say it's illegal, can you at least point to which law she violated? She breached her employer's workplace rules, but that's a different issue.

 

[Quantum Windbag]

The personal invective would be a lot more effective if it wasn't being used to defend a point that you're absolutely wrong about. I used my own state's statute when first thinking through the matter (which uses "intent to injure or defraud" as the test). I dug back through the thread to see which state the store was originally from, and it uses the same test ("with intent to defraud or harm", Tennessee 39-14-114).

HOLY TOLEDO! are you a masochist or just trying to recover some dignity? Forgery is forgery in all 50 states and territories...it doesn't require "intent" to defraud or injure in any state. When you add to a person's private correspondence or legal papers, you are a forger whether you gain anything from it or not, or whether the person is injured or not. And forgery isn't defined by faking a person's signature either. I'll have to charge you for any further legal training and I don't accept American Express...their interchange rates are always 150bp above Visa and MC.....go Google what I just said for free.

Who should people believe: some e-tough guy or what the state's statute specifically says (find 39-14-114 at LexisNexis® Custom Solution: Tennessee Code Research Tool for those interested)?

I've never said it matters whether or not the "forger" gained (it doesn't, by the way, nor does it require an intent to defraud a specific party). What it does require is intent to defraud or harm (in this context, financial gain). Even we accept all your claims about the waitress as true, you still wouldn't have the necessary elements. Those claims are all highly suspect anywhere, not even close to reaching beyond a reasonable doubt. They're not even enough to win a civil judgment.

Financial, or personal, gain.

 

[Polk]

Don't know if this has been mentioned yet, but if his receipt doesn't have the "******" scrawled on it, that waitress is also guilty of forgery.....credit card receipts are legal documents. Will a prosecutor charge her? probably not....nobody got stabbed.

You're right. Wonder where his copy of the receipt is? If it was me, I'd probably have tossed it. But if he didn't, that's his proof right there.

No, because the receipts at restaurants are not carbon copies.

 

[Polk]

HOLY TOLEDO! are you a masochist or just trying to recover some dignity? Forgery is forgery in all 50 states and territories...it doesn't require "intent" to defraud or injure in any state. When you add to a person's private correspondence or legal papers, you are a forger whether you gain anything from it or not, or whether the person is injured or not. And forgery isn't defined by faking a person's signature either. I'll have to charge you for any further legal training and I don't accept American Express...their interchange rates are always 150bp above Visa and MC.....go Google what I just said for free.

Who should people believe: some e-tough guy or what the state's statute specifically says (find 39-14-114 at LexisNexis® Custom Solution: Tennessee Code Research Tool for those interested)?

I've never said it matters whether or not the "forger" gained (it doesn't, by the way, nor does it require an intent to defraud a specific party). What it does require is intent to defraud or harm (in this context, financial gain). Even we accept all your claims about the waitress as true, you still wouldn't have the necessary elements. Those claims are all highly suspect anywhere, not even close to reaching beyond a reasonable doubt. They're not even enough to win a civil judgment.

Is not publicly implying that an innocent party is a racist an attempt to defraud or injure?

No, because there is no potential for financial gain from the act.