Original Blog Entry: University Suing Caterer For Accepting $29,000 Tip

truesee — Thu, 17 Sep 2009 02:49:51 GMT

Notre Dame sues former catering employee for accepting $29,000 gratuity

ALICIA GALLEGOS

Tribune Staff Writer

(WSBT photo)

Beth Boehne

Story Created: Sep 15, 2009 at 5:58 PM EDT

Story Updated: Sep 15, 2009 at 5:58 PM EDT

SOUTH BEND Talk about a big tip.

Earlier this year, a former catering employee at the University of Notre Dame mistakenly was paid more than her share of a gratuity about $29,000 more.

Instead of returning the money, a recent lawsuit filed by the university alleges that Sara Gaspar spent the extra cash on bills and a new car. Now, the college wants its money back.

Gaspar, meanwhile, says she tried to alert the university about the large sum that showed up in her bank account, but that when her messages weren t returned, she decided it was meant to be.

I guess because it was there and I was in a bad situation, I went out and spent it, Gaspar said when reached by phone.

A spokesman for Notre Dame on Tuesday said officials could not comment on the case because it was a pending legal matter.

Gaspar, 47, started working for the university s catering department, Catering By Design, in January, according to court documents.

On April 17, the employee was to be paid a gratuity of $29.87, but because of a mistake, court documents say a total of $29,387 was deposited into her account.

Although, the lawsuit claims Gaspar never notified the university about the inappropriate gratuity, Gaspar insists she did.

The woman says she called the university at least three times, saying, I think there s a problem.

But Gaspar says catering officials told her there was no mistake and that supervisors told her only that they would pass the message on to the human resources department.

When she didn t hear back, Gaspar said she assumed the gratuity was intentional. After years of medical problems and hard times, she believed she was finally catching a break.

I was so excited, Gaspar said. I thought, I could pay some of these bills.

The former employee has also since contacted an attorney and says she was told that because the money was under gratuity and not wages that she was in the clear.

The enormous tip indeed went toward medical bills and a 2002 Volkswagen Jetta, Gaspar said.

It wasn t until May that university officials discovered the mistake and contacted Gaspar, according to court documents. Notre Dame is now seeking repayment of the $29,387 plus attorney fees and other court expenses.

However, Gaspar says there is no money to be collected. It s all gone.

I don t have anything, she says.

Gaspar was fired from her job with the catering department after the university found the tip blunder. She now works part time at a local restaurant, while living with her mother in Granger.

The thrill of the big tip has now turned to fear.

How am I ever going to win against them? she says. Nobody wants to take this case.

Staff writer Alicia Gallegos:

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