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What Would You Do?

March 06, 2018 01:49AM
It would be helpful if someone from one of the MSCs would come along and tell us what "common practice" in the shopping industry is for this situation. But the first determining factor is what is in the contract between shopper and MSC. That's what attorneys and judges would look at first. If the contract isn't clear on its face, then other factors come into play.

I have three opinions from three attorneys, with three different opinions. Will post those here or in another thread, probably tomorrow.

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
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March 06, 2018 01:53AM
I still don't understand why a shopper would suggest the MSC and client should get a free or discounted report because someone else paid for the meal. If the shopper writes it up, that is exactly what is happening. Both are getting the value of her work and the restaurant is getting to pocket the cost of the meal.

Reimbursement as it applies to mystery shopping is somewhat unique. It would more often be applied to situations where an employee traveled for business. If the employee skips dinner they don't have an expense so no reason for the company to reimburse them. Whether an employee would submit a receipt in the case where someone else purchased their meal is an ethical discussion unrelated to our business.

And bgriffin is spot on there is no comparison to the restaurant comping the meal because it is still the restaurant paying.

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.
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March 06, 2018 01:57AM
Honestly Birdy, I don't give a rat's ass what some MSC says is common practice. Common practice doesn't make it right, legal or ethical.

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.
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March 06, 2018 02:10AM
But it does make it legal, right and ethical according to the law. Not according to the MSC or according to me. Established commercial practice can be used as the basis, or part of the basis, of a decision when a contract is disputed. (Not my opinion, but the statements of the attorneys, who I assume know more about contract law than we do, other than the one or two attorneys here who also mystery shop.) That's why I hope a representative from an MSC will chime in here.

Mystery shopping is beholden to contract law; it's not exempt from it. Shoppers can't make up rules just 'cuz we don't like the law!

Another factor is if the act of someone else paying for the meal interferes with or makes it impossible for the shopper to accurately complete the shop. For example, if the shopper can't finish the timing observations.

I don't know the shop that was discussed last year, so I couldn't speak to the precise wording of the guidelines or send a redacted copy to the attorneys. As in all contract situations, the attorneys would need to see the written contract in order to form a complete opinion.

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
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March 06, 2018 02:17AM
We always talk about this in terms of the shopper getting the free meal. Who really believes the MSC and restaurant deserve a free report?

If it were me, I would cancel the shop, but I would not reschedule. I got my free meal, right?

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.


Edited 1 time(s). Last edit at 03/06/2018 02:18AM by LisaSTL.
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March 06, 2018 02:20AM
I think the shopper's contract was frustrated when a person who (presumably) was unrelated to the shop paid what the shopper expected and agreed to pay. If so, there is an ethical consideration for the client's position in addition to the shopper's position. The restaurant was paid and has no continuing interest in this shop unless this shop's feedback was necessary and not just wanted.imho and I am so not an attorney.


Birdy, I hope you can post those attorney opinions soon. This is interesting.
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March 06, 2018 02:29AM
@Shop-et-al wrote:


Birdy, I hope you can post those attorney opinions soon. This is interesting.

It was a very interesting exercise, and if it weren't so involved, I'd post their opinions tonight.

BTW, as for myself, I've never used the argument that the shopper got a "free meal." That's not the point in law. And it's irrelevant that the shopper may feel obligated, in turn, to return the favor and may eventually incur the expense. Which is what one of the arguments was in the previous discussion on this.

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
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March 06, 2018 02:30AM
The expense was incurred and paid, therefore someone is due the reimbursement.

This is really no different than the OP receiving a gift card for Christmas for this restaurant and then using said gift card to pay the bill from the mystery shop. Would the OP not be entitled to reimbursement in this case? After all, someone else paid for the meal right?!

"We're just two lost souls swimming in a fish bowl -- year after year..."
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March 06, 2018 02:41AM
Let's see. Who has lost money in the deal?

Restaurant- no. they were paid, albeit in an unexpected way.

Shopper- no. unexpectedly, they did not have to spend money, so they have no reimbursable expense.

Client- ?
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March 06, 2018 02:43AM
I think some shops specifically say not to use gift cards. I'm not sure (somebody else who does more dining shops than I do will know), but I think if they say you can use a gift card, they will only reimburse that part of the meal not covered by the card. If your meal is $60 and your gift card covers $50, then I think you'd get reimbursed $10. I've never done a dining shop using a gift card, so I don't know. And it might vary from MSC to MSC.

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
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March 06, 2018 02:45AM
That's just asinine.
I seriously cannot fathom people making up excuses for a client to pocket money and the shopper not getting paid.

A gift card is cash!

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 06, 2018 02:55AM
Like I said, I've never used a gift card on a dining shop, so I really don't know. What has your experience been if you've used one? Have you received the full amount of the meal (assuming it didn't exceed the allowable amount)? I have done shops that specifically say not to use a gift card.

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
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March 06, 2018 03:02AM
A gift card is cash. It's been my experience more allow gift cards than not. And it's treated just like I paid with cash or card. Why wouldn't it be?

Let me guess, you probably think that I should have told them I got them at a 20% discount so they could deduct that from my reimbursement.

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 06, 2018 03:11AM
@bgriffin wrote:

Let me guess, you probably think that I should have told them I got them at a 20% discount so they could deduct that from my reimbursement.

No, and why would you think that? If their policy and their contract with the shopper is to allow gift cards and still reimburse the full amount, I'd like to find some of those!

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.


Edited 1 time(s). Last edit at 03/06/2018 03:11AM by BirdyC.
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March 06, 2018 03:17AM
Sonic, Five Guys, O'Charlie's, Chipotle did, Cheesecake Factory did as well. Those are just off the top of my head but I used gift cards for all of those.

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 06, 2018 03:43AM
The only place we ever get gift cards for is Applebee's, but either they're not shopped in my area anymore or they're with a different MSC now (which is what I think the case is). I shop Five Guys and used to do Chipotle, but nobody ever gives me cards for those places....

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
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March 06, 2018 03:56AM
I've used a gift card at both Freddy's and Texas Roadhouse. Also back when it was shopped I used one at Buffalo Wild Wings. I'm sure there are more that accept them, but I really don't do a lot of restaurants. Also I buy a lot of gift cards for myself (Kroger's fuel points are my motivation). I'm sure others do too. How would one know if who the purchaser of the gift card was?

What's done is done. An egg cracked cannot be cured.
There are 3 kinds of lies. Lies, Damn lies, and statistics.


Edited 1 time(s). Last edit at 03/06/2018 03:59AM by sassymmmm.
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March 06, 2018 03:59AM
I have seen very few that don't allow them.

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 06, 2018 11:45AM
Gift cards are being confused with coupons. Other than cash handling shops, gift cards are rarely not allowed. Coupons are frequently not allowed, who really knows why? The client is afraid we will use coupons to increase their perceived loss?

So, if someone pays my tab... if I am also reimbursed it is now income and not reimbursement for tax purposes, correct?

My posts are solely based on my opinions and for my entertainment, contact a professional if you need real advice.

When you get in debt you become a slave. - Andrew Jackson
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March 06, 2018 12:08PM
Not at all. You received reimbursement and a gift. Neither of which are taxable.

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 06, 2018 01:20PM
I'm guessing that since MSCs can't know whether someone gave you the card as a gift or you bought it yourself (maybe on a BOGO deal or a special sale or something), it's easier to consider it as cash tender.

If I'm getting reimbursement, though, for a dinner shop and have a gift card for the place, if it's someplace I like I'd just as soon take the reimbursement and save the card for another, non-shop meal!

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
Reply
March 06, 2018 01:39PM
Why? It works out the same.

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 06, 2018 02:00PM
Yeah, it does. But if I don't have a gift card for a place, even if I like it, I'm not likely to go there. Subconsciously I know that the math works out the same. But if I still have that G.C. in my wallet -- after I've received my reimbursement from an earlier shop -- I'd be more apt to choose that particular restaurant. So, in reality even if not in logic, I'd end up eating at that place twice and not once. If it were to be a shop at a place I didn't care about one way or another and know I probably wouldn't go back soon, I'd use the GC on the shop.

Of course, since I haven't yet used a GC on a shop, this is my projection of what I'd do. But it fits with my normal instincts.

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.


Edited 1 time(s). Last edit at 03/06/2018 02:03PM by BirdyC.
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March 06, 2018 02:14PM
Not me, normally if I have a gift card I have bought it at a discount. Once I use that card, either because I wanted to eat there or because it was a shop, I have monetized that discount and I'm now free to eat wherever I want based on my mood. I don't understand wanting to limit my options on purpose.

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 06, 2018 05:43PM
@bgriffin wrote:

I don't understand wanting to limit my options on purpose.

It's probably habit from years of being poor in my younger days and not being able to eat out.

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
Reply
March 07, 2018 12:54AM
@bgriffin wrote:

Not at all. You received reimbursement and a gift. Neither of which are taxable.

For tax purposes, my meal costs for the visit at are $0. The reimbursement then becomes earnings. It is the same as a flat fee shop, everything over what I spent is earnings.

My posts are solely based on my opinions and for my entertainment, contact a professional if you need real advice.

When you get in debt you become a slave. - Andrew Jackson
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March 07, 2018 01:18AM
Not at all. Let's say your meal cost $40 which also happened to be the reimbursement amount.
You received a gift of $40 from a person (friend, random stranger, whoever). That gift is under $10,000 so is not taxable.
You spent that same $40 on the meal which was in turn reimbursed. That was a reimbursement so is also not taxable.

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 07, 2018 01:21AM
It's no different than if your next door neighbor gives you a gift of $40 and says this is for a nice dinner. It's a gift so not taxable. You then take that $40 to a shop and use it to pay for that meal that is reimbursed. That reimbursement is also not taxable.

There is no difference. For some reason people just can't get over the fact that in the 2 transactions the middle man (you) was taken out.

There are reasons that a body stays in motion
At the moment only demons come to mind
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March 07, 2018 01:40AM
One of the lawyers I spoke with gave a definitive answer to this question. If someone else paid for the shopper's meal, and the MSC goes ahead anyway and agrees to pay what was originally supposed to be a reimbursement, it becomes taxable income. Because it's no longer a reimbursement, but a payment, or fee. This particular lawyer works for a large financial firm, and his job is to review contracts. He knows what he's talking about. (But if the shopper doesn't get paid by the MSC, then it's a gift and wouldn't be taxable.)

I had meant to post the full summary of the attorneys' opinions on this, but had an unexpected meeting I had to to to this evening and just got home. So I'll have to do that tomorrow.

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
Reply
March 07, 2018 01:49AM
I'm curious, does this lawyer understand mystery shopping and how reimbursements are handled for it?
In my opinion, if they look at reimbursement the same way as a company reimbursing you for your meal when travelling for work then they are not understanding reimbursement in the context of mystery shopping. They are two different things.

Otherwise, I'm just gonna flat out say it. This lawyer is wrong. It wouldn't be the first time lawyers gave poor advice.

There are reasons that a body stays in motion
At the moment only demons come to mind
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