Tip theft, other allegations remain after Patriot Sandwich Co. closes

“If this isn’t a scam, sorry, but why the hell would you work for that company in the first place?” one Reddit user commented. “Call a lawyer instead of grifting for money on Reddit.”

But Aldridge insists that, for the more than 10 months he was employed at Patriot Sandwich, owner David Jordan deducted a total of roughly $2,500 from his checks, funds which were supposed to be forwarded to the Attorney General’s Office to pay Aldridge’s child support. Records from the AG’s office Aldridge shared with the Denton Record-Chronicle show those payments never reached the office.

Whether because of its location tucked into a strip mall on Loop 288, rumored poor management, pandemic woes or its name — considered by some to be a political dog whistle for right-wing ideology — Patriot Sandwich Co. has struggled since its opening in spring 2020.

Several online fundraisers have helped keep the shop afloat when Jordan announced it was having difficulties, while a $45,000 cash infusion helped it reopen after its closure from November 2021 to March 2022. Earlier this month, Jordan announced on Facebook the shop had closed yet again “with no prospects to reopen.”

Jordan launched his own online fundraiser shortly after asking for support, saying he’d been left in personal financial turmoil by the closure.

Aldridge’s allegations are the latest from former employees who have turned to online forums to air grievances against Jordan, an Army veteran who opened Patriot Sandwich with the help of a silent partner. Aldridge and two other employees told the Record-Chronicle that tips meant for employees — which were added to credit card transactions at a customer’s request — were instead put toward Jordan’s charity for homeless veterans, We Got Your Six.

“There was never a time where he made it explicitly clear to the people leaving those tips that those tips are not going to the employees, but that they were going to his nonprofit,” former staff member Jay Wilson said.

Questions have also swirled for months about one of the two federal Paycheck Protection Program loans Patriot received, which show online that the shop employed 90, though staff say there were never more than a handful working at the sandwich shop and that 90 people would exceed the capacity of the entire restaurant.

Jordan, who received a total of $101,500 between the two PPP loans that have since been forgiven, insists the employee count is a clerical error.

“You have to provide payroll reports for every employee, and I only had a maximum of 26 employees throughout the entire time I was open,” Jordan said. “I never submitted documentation showing 90 employees and I do not know where that number came from.”

The Small Business Administration, which administers the PPP program, did not respond to requests for comment about the loans.

As for Aldridge’s deductions, Jordan says they went through QuickBooks, and he never knew that the deductions were not going to the Attorney General’s Office since he never received any notice from the attorney general or Aldridge himself.

Aldridge said he also did not know the deductions were not going to where they needed to until recently; he said his child’s mother never alerted him since he regularly provides supplemental financial support outside of the deductions.

The Texas Payday Law, which governs wages in the state, considers deductions unlawful if the withheld wages are not applied to their authorized purpose.

Jordan said he is investigating where the money has gone.

As for tips, Jordan insists that employees were given any tips left for them but even if they hadn’t been, he was not legally obligated to give them tips since they were paid at least minimum wage and were therefore not considered tipped employees under wage laws.

“Every single one of my employees was paid an hourly wage and some were even on salary, so tips were not even required to be given to them — that was something I did out of the generosity of my own heart,” Jordan said.

The Fair Labor Standards Act prohibits employers from keeping any portion of staff tips, regardless of whether an employee takes a tip credit on their paycheck, the Texas Workforce Commission confirmed. The commission encourages anyone who believes they’ve been a victim of wage theft to file a wage claim with the agency for investigation.

Last month on Patriot Sandwich’s Facebook, which has since been deleted, Jordan shared tentative plans for a mobile sandwich shop concept thanks to a travel trailer set to be donated by the 99% Radio Network, an online radio program for motorcycle enthusiasts which Jordan had made appearances on.

A representative for the show told the Record-Chronicle earlier this month that the donation was on hold following the allegations against Jordan.

“We are unable to make the donations until the allegations are found to be unsubstantiated,” the representative said. “These are allegations which need to be proven. Until then we love and support David, we just cannot make a donation of this magnitude with these unsubstantiated things lingering.”

Aldridge has reached out to the Attorney General’s Office about the child support deductions and the Texas Workforce Commission. As for what’s next for Jordan, his next venture is in pressure washing driveways, a service he’s hoping to attract clients for. He isn’t looking to reopen Patriot Sandwich anytime soon, he said, but is instead focused on resolving any lingering debts — and allegations — the shop leaves behind.

“I feel horrible about how the shop closed and how things transpired between me and my staff,” Jordan said. “I always tried to have a good relationship with them, and I wish they could have addressed these things with me personally. I’m not trying to hide or run for my obligations or anything like that — I am trying to get everything fixed and I will continue to do that.

“Taking care of these people is what I’m trying to focus on.”