News

Employee at Mike's Diner Bar investigated for embezzlement

Owner says bill manipulation by former employee may have cost the business thousands of dollars

Mike's Diner Bar at 2680 Middlefield Road in Midtown, Palo Alto on Aug. 25, 2023. Photo by Emma Donelly-Higgins.

An employee at Mike's Diner Bar, a Midtown institution that got a new lease on life after being on the verge of shutting down last year, is being investigated for allegedly embezzling thousands of dollars from the restaurant.

Palo Alto police opened their investigation into the embezzlement and grand theft allegations earlier this month, according to the department's incident log. Police Lt. David Lee confirmed the incident at Mike's is now under active investigation.

Mike Wallau, owner of Mike's, told this publication that he recently learned that a long-time employee had allegedly embezzled thousands by manipulating customers' checks by deleting certain food and beverage items and relabeling them as gratuity. He noted that no customers were affected by this because the bill remained the same.

"Before they would settle the check, (the employee) would take off food items," he said. "It was pretty blatant, really."

Wallau said he went over the restaurant's paperwork to detect the discrepancy and then promptly called the police. He believes that the check manipulation has been happening over a long period of time and that the sum is in the thousands. He declined to name the employee.

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The embezzlement allegations come just months after Mike's was on the brink of shutting down in in August. The property owner, Scher Holdings LLC, was in the process of evicting the restaurant from its location at 2860 Middlefield Road because the $22,000 monthly rent was reportedly a day late.

The restaurant had already received an eviction notice from the Santa Clara County Sheriff's Department and was set to close by Sept. 11 before Wallau negotiated an eleventh-hour agreement with the property owner to retain his business, a reprieve that was celebrated by Palo Alto's elected leaders, Midtown residents and other customers of the recently renovated restaurant.

Wallau said the alleged embezzlement further adds to the financial pressures that the business has been feeling.

"It's definitely made it harder to hang on, particularly with the high rent and the back rent and all the expenses," Wallau said. "If it's not one thing, it's another."

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Gennady Sheyner
 
Gennady Sheyner covers the City Hall beat in Palo Alto as well as regional politics, with a special focus on housing and transportation. Before joining the Palo Alto Weekly/PaloAltoOnline.com in 2008, he covered breaking news and local politics for the Waterbury Republican-American, a daily newspaper in Connecticut. Read more >>

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Employee at Mike's Diner Bar investigated for embezzlement

Owner says bill manipulation by former employee may have cost the business thousands of dollars

An employee at Mike's Diner Bar, a Midtown institution that got a new lease on life after being on the verge of shutting down last year, is being investigated for allegedly embezzling thousands of dollars from the restaurant.

Palo Alto police opened their investigation into the embezzlement and grand theft allegations earlier this month, according to the department's incident log. Police Lt. David Lee confirmed the incident at Mike's is now under active investigation.

Mike Wallau, owner of Mike's, told this publication that he recently learned that a long-time employee had allegedly embezzled thousands by manipulating customers' checks by deleting certain food and beverage items and relabeling them as gratuity. He noted that no customers were affected by this because the bill remained the same.

"Before they would settle the check, (the employee) would take off food items," he said. "It was pretty blatant, really."

Wallau said he went over the restaurant's paperwork to detect the discrepancy and then promptly called the police. He believes that the check manipulation has been happening over a long period of time and that the sum is in the thousands. He declined to name the employee.

The embezzlement allegations come just months after Mike's was on the brink of shutting down in in August. The property owner, Scher Holdings LLC, was in the process of evicting the restaurant from its location at 2860 Middlefield Road because the $22,000 monthly rent was reportedly a day late.

The restaurant had already received an eviction notice from the Santa Clara County Sheriff's Department and was set to close by Sept. 11 before Wallau negotiated an eleventh-hour agreement with the property owner to retain his business, a reprieve that was celebrated by Palo Alto's elected leaders, Midtown residents and other customers of the recently renovated restaurant.

Wallau said the alleged embezzlement further adds to the financial pressures that the business has been feeling.

"It's definitely made it harder to hang on, particularly with the high rent and the back rent and all the expenses," Wallau said. "If it's not one thing, it's another."

Comments

Bystander
Registered user
Another Palo Alto neighborhood
on Jan 19, 2024 at 7:43 am
Bystander, Another Palo Alto neighborhood
Registered user
on Jan 19, 2024 at 7:43 am

I could say that Mikes does not need more bad publicity, but as has been said before, any publicity is good publicity.

My most recent experience was particularly enjoyable as the staff are doing their best to make customers happy with their visit. Their trivia evenings sound great, I wonder how they are doing?


amoeba
Registered user
Midtown
on Jan 19, 2024 at 10:28 am
amoeba, Midtown
Registered user
on Jan 19, 2024 at 10:28 am

TRANSFORMATION!
Recommend all to revisit Mike's.

Admittedly we weren't massive fans of Mike's in the past.

More recently we have been pleasantly surprised, repeatedly!

The food has gotten better, their prices are more reasonable than most sit down eateries in town and the staff are super (Thanks, Nate in the bar seating area!)

If you haven't been for a while, please give Mike's another try.

We were skeptics, but have been at least 15 times recently and have been repeatedly happy that we chose Mike's.

It's always been the most convenient restaurant in South Palo Alto, but now it's also good and, again, very reasonably priced for our town.

Good luck to Mike and the team!

It's sad that a trusted employee would do that, but that can happen in any business.


Barron Parker Too
Registered user
Barron Park
on Jan 19, 2024 at 10:41 am
Barron Parker Too, Barron Park
Registered user
on Jan 19, 2024 at 10:41 am

It is typical for people who commit this kind of blatant and risky fraud to have done similar things, often in other states and under different aliases. I hope the police are thorough in their investigation to determine how many times this person has previously been arrested.


marc665
Registered user
Midtown
on Jan 19, 2024 at 2:15 pm
marc665, Midtown
Registered user
on Jan 19, 2024 at 2:15 pm

I'm confused. All the restaurant management systems compare the front end orders to the kitchen and bar tickets and compare the sales to the credit card transactions.

If they deleted food and beverage items off the ticket, then the front end orders wouldn't match the kitchen and bar tickets.

Wasn't it strange that a employee was getting more in tips that the food total?

/marc


Jennifer
Registered user
another community
on Jan 19, 2024 at 4:01 pm
Jennifer, another community
Registered user
on Jan 19, 2024 at 4:01 pm

If this happened before they settled the check, and food items were deleted, you'd think honest customers would point out they weren't charged for an item. I've done it. If this was going on for thousands of dollars, why wasn't this caught sooner? It would look suspicious if tips were too high for only one employee. Mike is right. If it's not one thing, it's another. My exact words before I read the article.


Scottie Zimmerman
Registered user
Midtown
on Jan 21, 2024 at 9:56 am
Scottie Zimmerman, Midtown
Registered user
on Jan 21, 2024 at 9:56 am

I agree, the staff are charming, friendly, and good at their jobs. I've been (with family and friends) several times since the eviction upset, and the meals have been delicious.


Online Name
Registered user
Embarcadero Oaks/Leland
on Jan 21, 2024 at 1:36 pm
Online Name, Embarcadero Oaks/Leland
Registered user
on Jan 21, 2024 at 1:36 pm

Echoing Scott above. We particularly like the Thai Beef salad.


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