Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

[Burns11]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

How in the hell do you accidentally right in $29,387 vs $29.87? I don't see how one doesn't realize that they wrote down 5 numbers instead of 4.

My guess is they used the number pad to input the amount for the check, the 3 and decimal are close enough to be a typo.

Seems like an honest mistake on ND's part, but I guess it remains to be seen if the woman who got the check is as honest in her attempts to conclude that the check was correct.

Anybody else think it's odd that her supervisor said a $30k check was correct? I'm not sure how the tipping of wait staff for a catered event goes, but I would assume it's normal tipping amount for the entire bill divided amongst staff, but that $30k check had to be for more than the actual event, a lot more in fact. The more I think about it, the more I get the feeling this lady didn't go through any earnest attempt to confirm the check as correct, anybody told of this has to know, or at the very least strongly suspect, the thing is a mistake.

[fistofrage]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

I don't see any claim that Notre Dame has.

However, this is the behavior I would expect from that institution.

You are silly. Banks make errors all the time and recoup that money. But thats the type of logic I'd expect from you. Anyone who makes a $29,000 error is going to try to recoup it.

The other thing that should have tipped the lady off is that even if she thought it was just some feel good story why $29,387. Why not an even $30K? When the dust settles, I highly doubt a supervisor told her to go ahead and cash it, its free and clear.

And even then, was there ever mention of her reporting the gratuity for tax purposes? She owes at least $5K in taxes on that gratuity if she's allowed to keep it.

[kehlis]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Anybody else think it's odd that her supervisor said a $30k check was correct? I'm not sure how the tipping of wait staff for a catered event goes, but I would assume it's normal tipping amount for the entire bill divided amongst staff, but that $30k check had to be for more than the actual event, a lot more in fact. The more I think about it, the more I get the feeling this lady didn't go through any earnest attempt to confirm the check as correct, anybody told of this has to know, or at the very least strongly suspect, the thing is a mistake.

My assumption on this is that the supervisors were telling her the check was actually a valid check more so than the value of the check.

They probably told her that yes, it was a valid check, but she should call the school to make sure the value was what they intended.

If this is the case, IMO the supervisors probably should have contacted the school before passing the check along (I'm assuming it was sent to them first).

[mgoblue]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

My assumption on this is that the supervisors were telling her the check was actually a valid check more so than the value of the check.

They probably told her that yes, it was a valid check, but she should call the school to make sure the value was what they intended.

If this is the case, IMO the supervisors probably should have contacted the school before passing the check along (I'm assuming it was sent to them first).

Yeah...just comes down to "If it seems too good to be true, it probably is". She's technically within the law, but where's the common sense?

[Koolie G]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Legally this is a pretty interesting issue. First, I hate Notre Dame. Second, even so, this girl had to know a $30K tip was not legit. Even if she had performed fellatio on the entire table, 30K is a little much. Second, who the heck are her supervisors that told her this tip was legitimate? I bet they'd never seen a tip that large before on any check, much less on a $300 check. Why act like it was OK without checking? They could've made calls and straightened known for sure. Finally, spending all of the money is kinda stupid.

I don't buy the fact that she thought it was a legit tip. Sure, she wanted to believe it was real and she may have attempted to call them and never recieved a return call. So what. I also think Notre Dame comes off looking like jackasses b/c they made a mistake and they have to ask for the money back. It's a no win situation for them, they messed up and may just have to realize it was a 30K mistake. They could cut out a Charlie Weis postgame meal and recoup that money in one night.

[Burns11]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Maybe that's what is happening, since they aren't suing the catering company as well. It's been 4 months and I'm sure ND has tried to get the money back before suing, so I'm guessing the caterer told ND of the mistake, ND tried to get it back from her direct and now last resort is to sue.

[fistofrage]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Yeah...just comes down to "If it seems too good to be true, it probably is". She's technically within the law, but where's the common sense?

Or Ethics?

Read between the lines on this quote....

"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."

She knows it was a mistake. An innocent mistake that probably got someone in serious trouble. People who think that Notre Dame should just let her have it aren't seeing the big picture. Imagine if a Mom & Pop store accidentally wrote the energy company a $30,000 check instead of $300. Energy company says too bad, so sad and keeps it. Mom and Pop are bankrupt over one slip on the 10 key.

[Cebby]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Imagine if a Mom & Pop store accidentally wrote the energy company a $30,000 check instead of $300. Energy company says too bad, so sad and keeps it. Mom and Pop are bankrupt over one slip on the 10 key.

Notre Dame isn't a mom and pop store

If she invokes the clause of "Finders keepers, losers weepers", the suit should be ended very quickly

[Koolie G]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Notre Dame isn't a mom and pop store.

They aren't a mom and pop store, but 30K is still a big deal. Especially for a clerical error. Obviously, Notre Dame should get their money back. It sucks that the girl spent it, but she knew (not even should have known) all that money was not supposed to be her tip. Just because Notre Dame is a large institution does not mean they are made of money and should just give it away. I bet that girl would have been happy with a $32 tip. That's a good tip.

[fistofrage]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Notre Dame isn't a mom and pop store

If she invokes the clause of "Finders keepers, losers weepers", the suit should be ended very quickly

Same principle. Why would laws be any different for any business entity?

[Cebby]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Same principle. Why would laws be any different for any business entity?

If other business entities ignored phone calls trying to rectify the issue, then they should forfeit their money as well.

If she can prove the telephone calls, I don't see the problem with her actions.

[sb24]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

They aren't a mom and pop store, but 30K is still a big deal. Especially for a clerical error. Obviously, Notre Dame should get their money back. It sucks that the girl spent it, but she knew (not even should have known) all that money was not supposed to be her tip. Just because Notre Dame is a large institution does not mean they are made of money and should just give it away. I bet that girl would have been happy with a $32 tip. That's a good tip.

32 on 300 is a horrible tip. Thats 10%. Just because you spend more doesnt mean to short her. 15-20% is standard unless she was terrible. Remember most places pay 2.13/hr(can depend on the state) to servers. Matter of fact many places have a 18% graduity on parties of 8 or more.

[fistofrage]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

If other business entities ignored phone calls trying to rectify the issue, then they should forfeit their money as well.

If she can prove the telephone calls, I don't see the problem with her actions.

She won't be able to prove these phone calls. And even if she did call them, can she prove she left a message stating her dilema.

I'd wouldn't be quick to trust this ladies story. Yahoo is reporting that she suffers from depression and mentioned paranoia.

Notre Dame also made attempts to contact her in May, less than 30 days after the check was issued. So apparantly she cashed the check and spent the money rather quickly.

[duke776]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Correct me if I'm wrong, but aren't banks supposed to look at the written out number? If that is the case, how would you accidentally spell out "twenty nine thousand three hundred eighty seven" instead of "twenty nine dollars and 87/100?"

[Cebby]

Re: Notre Dame Suing Caterer After Mistakenly Giving $29k Tip

Correct me if I'm wrong, but aren't banks supposed to look at the written out number? If that is the case, how would you accidentally spell out "twenty nine thousand three hundred eighty seven" instead of "twenty nine dollars and 87/100?"

If the number was inputted electronically the spelling would have matched the error.

32 on 300 is a horrible tip. Thats 10%.

I was looking for the $300 number earlier but couldn't find it. If a school with billions of dollars only tips 10%, they deserve to lose $30,000