Is it legal for a restaurant owner to make a server pay for a check that guests walked out on? scenerio: guest was given check and waiter saw him putting cash in binder so he went to pick up another order from the kitchen and when he came back gues

Is it legal for a restaurant owner to make a server pay for a check that guests walked out on? scenerio: guest was given check and waiter saw him putting cash in binder so he went to pick up another order from the kitchen and when he came back guest was gone and binder was empty.