advice/perspective on jobs, work and management

My boss is running an illegal poker game

I work as a server in a small, family-owned restaurant. At night, my boss runs what I think is an illegal poker game upstairs, and I serve food and drinks for that too. But I’m not comfortable with this arrangement. Is what they’re doing legal? I didn’t know about the game when I took the job – and so far I haven’t refused to work it because the $$$ is good. But I’m wondering: Could I be held liable in any way if it ever got busted? (I get tipped in poker chips, which I cash in at the end of the night.) I’m concerned too because I’m not of the legal drinking age in my state. Please help! – Name withheld       

First, there’s a couple of legal issues that need to be addressed here.

While the laws vary, in most states you do not need to be of legal drinking age to serve alcoholic beverages to patrons, so long as it’s incidental to food service. At the very least, you needn’t worry about being underage.

More tricky is the issue of the poker game.

Again, the laws vary – but according to the lawyer I consulted, if it’s a friendly game, you and your employer should be fine. It’s a little complicated (in part because gambling laws have been changing recently), but profiting from the sale of food and beverages or rental of the room is also allowed. If, however, your employer is profiting from the game itself—like charging a fee to play, or taking a cut of the winnings—it’s probably illegal.

As for your own liability, even if what your employer is doing isn’t totally on the up-and-up, you should be okay. As long as you’re not involved in the organization of the game, recruiting its players, or profiting directly from it in any way, you needn’t worry – according tomy source. Nor does the fact that you’re being tipped in poker chips put you in any jeopardy.

But beyond these legal concerns, there’s your peace of mind to consider. So if you are at all uncomfortable with what your employer is asking you to do—and it seems that you are—it’s probably time to start looking around. Sure – you could refuse to work these games in the future, but that’s likely to be an awkward conversation with your employer at the very least. And is it really going to make you feel better anyway? Probably not.

So consider looking for another job.

Fortunately for you, the service industry is such that rarely is there any shortage of work to be had. Especially for someone like yourself, who’s both experienced and young – so take advantage of this. In fact, I’d be surprised if you weren’t able to find something comparable quite quickly, even without a reference from your current employer.

In the meantime, perhaps you could try politely declining to work those evening poker games from now on? Maybe tell your employer you have an ongoing family commitment that’s just come up, and which prevents you from being available? Or a partner you’d like to spend more time with? Or even another job? Whatever. Then keep your head down, do your work, and quietly look for something else.

Hopefully the next time you roll the dice in choosing an employer—because that’s often just what it is, a gamble—you won’t come up snake eyes again.

[ 1 Comment ]

  1. SulanTh

    Ha – I enjoyed this! I really like what you did there in the last part. “Rolling the dice”

    Reply

Leave a Reply to SulanTh Cancel reply

Your email address will not be published. Required fields are marked *

*

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Advertisement
Advertisement

To comment on a specific post, scroll to the bottom of the post’s page and submit your comment there. To search the archive, click here