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Another tipping thread

31,436 2,810 May 3, 2012 at 07:51 AM in News
Furious staff LOCK family inside restaurant for refusing to pay full 17% tip after bad service

A Houston family were locked inside a restaurant and the police were called after they refused to pay the full 17% tip.


That is the amount the restaurant adds to parties of more than five diners, but Mark's complaint was that the staff were rude, their drinks were not refilled and mistakes were made on their orders.

'We asked her, could the gratuity be removed?' said Marks.
'Could we give our own tip?

'I asked the police officer twice, maybe three times, is it against the law if we don't pay the gratuity and he never gave me a straight answer.'





http://www.dailymail.co.uk/news/article-2138736/Tipping-optional-Family-locked-restaurant-staff-refusing-pay-gratuity-bad-service.html

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Joined Jan 2007
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Maleficent
05-03-2012 at 12:20 PM.
05-03-2012 at 12:20 PM.
Quote from Zoe Moon :
Just a guess but maybe LA Fisherman is short for Louisiana Fisherman? The 'a' in LA is capitalized. From the reviews on Yelp, they seem to serve a lot of crawfish, which is more of a Louisiana thing.
That sounds more likely.
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steventruong
05-03-2012 at 01:15 PM.
05-03-2012 at 01:15 PM.
Quote from nope89 :
I don't know about Texas, but I know in New York there was a court case a little while back where the NYS Court of Appeals said that gratuity can never be made mandatory.
Good. Gratuity shouldn't be mandatory. You're giving a tip base on service provided. The fact that its so ingrained to being a mandatory thing now is sickening regardless of what the reasons are.
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dukpoki
05-03-2012 at 02:18 PM.
05-03-2012 at 02:18 PM.
if the party came and they saw in clear print in the menu that a 17% charge was automatically included for a certain # of party of people then it's against the law if they don't pay, whether or not if the service was satisfactory.


The service charge for large parties is there to protect the servers who rely on tips. If a small party came and tipped horrible on good service then it sucks but won't do much damage to his/her revenue. On the other hand if a party of 20 came in and they all stiffed the waiter/waitress then it makes a huge difference. This is why the government allows restaurants to have these "18% included for parties of..." and so forth.

The customers of this restaurant I can understand if they don't get good service then they would not like to pay the tip but the moment they came in the restaurant and ordered they are abiding by the terms written in the restaurant (and in this case the menu). They read it and agree. It's like a gamble. You bring lots of people in, and if bad service occurs, you're still going to get charged because of the number of people. If the final bill comes out with the charge and you refuse to pay the amount it's no different then if you went shopping at Macy's and the bill came out to xx.xx amount and you refused to pay it all (maybe you were refusing the tax).

Perhaps the service wasn't really good but in the end of the day, someone cooked and brought out food, drinks, napkins, whatever you needed for a large party. They also have to clean up the messes of a mass of people. Simply put, there was work involved. That work whether you deem excellent, good, poor, or horrible, needs to get paid for (because obviously noone works for free). And that's why there is a charge. What you do in a situation like this is, you pay for the service (good or bad) and then if you didn't like the service, go to a different restaurant or ask for a different server. It's not really rocket science here.

Also we don't know the full story (and most likely never will). For one, the customers could of received great service and are lying about it to try to sleeze their way out of paying tip. This happens alot trust me. I've worked in the business 5+ years almost 5 days a week. Believe me there are many people who receive great service and will tip horribly when it comes time to pay. The fact that it wasn't in their control (automatically tacked on) could of been their reason to lie. Another reason could be something happened which we don't fully know such as the waiter being treated poorly by the customers (and yes it's a two way street). For example, perhaps they came in joyfully but started making harmless racial jokes (or what they thought to be funny). Perhaps the server was extra sensitive in this area. Who knows? But in the end the law is you purchase something then you have to pay for it. Whether it's a Gucci purse that cost $200+$40 tax or a night out at the tavern for $200+$40 tip. (sorry the numbers aren't calculated. just an example).
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Last edited by dukpoki May 3, 2012 at 02:29 PM.
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jj.12321
05-03-2012 at 02:19 PM.
05-03-2012 at 02:19 PM.
If there's signs at the table/menu that clearly say "A gratitity of 17% will be added to parties of 5 or more", I think they should have to pay it. If it was a surprise, then I agree with the patrons.

Resturants will tally up the sales for a server and some places will automatically "Assign" tip income based on it. (The servers have to pay taxes on this income, whether they collected it or not).
That's why large parties get the tip automatically added, so the server doesn't get stiffed.
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Majide
05-03-2012 at 02:27 PM.
05-03-2012 at 02:27 PM.
Quote from emelvee :
I see mandatory 18% or more a lot for larger groups (usually 8 or more).
Yep, usually I see 18% also.

And I wanted to just quote these for the couple of people who popped in saying that they should have paid it Nono2
Quote from nope89 :
I don't know about Texas, but I know in New York there was a court case a little while back where the NYS Court of Appeals said that gratuity can never be made mandatory.
Quote from damsel. :
As far as I remember from working at Red Lobster, even though they add gratuity onto your bill if you have 8 or more people, you can still remove it and tip on your own accord. Restaurants just seemingly make it mandatory, but they really can't force you to tip.
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dukpoki
05-03-2012 at 02:36 PM.
05-03-2012 at 02:36 PM.
Quote from damsel. :
As far as I remember from working at Red Lobster, even though they add gratuity onto your bill if you have 8 or more people, you can still remove it and tip on your own accord. Restaurants just seemingly make it mandatory, but they really can't force you to tip.
Sorry only way for this to happen is if..

the customer complains about the service and the manager wants to make the customer happy and removes the 18% so the customer can tip on their own accord.

However if the management refuses and the bill comes out let's say $45.82 after tax and gratuity, then that's the final amount. And if you refuse to pay it then it's against the law just as if you hired a plumber to fix your bathroom leak and his final bill was $88.24 after tax, and you refused to pay the exact amount.
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Last edited by dukpoki May 3, 2012 at 02:40 PM.
Joined Jun 2006
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Zoe Moon
05-03-2012 at 04:39 PM.
05-03-2012 at 04:39 PM.
Quote from dukpoki :
Sorry only way for this to happen is if..

the customer complains about the service and the manager wants to make the customer happy and removes the 18% so the customer can tip on their own accord.

However if the management refuses and the bill comes out let's say $45.82 after tax and gratuity, then that's the final amount. And if you refuse to pay it then it's against the law just as if you hired a plumber to fix your bathroom leak and his final bill was $88.24 after tax, and you refused to pay the exact amount.
Show me a law in any state that says this.
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w3kn
05-03-2012 at 04:54 PM.
05-03-2012 at 04:54 PM.
If the restaurant already includes gratuity, I won't really argue. I will usually leave a few dollars more if the service as good. If it wasn't, I consider the server lucky to get what they do and don't add anything. I've never asked to give less however.
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awafoo
05-03-2012 at 04:59 PM.
05-03-2012 at 04:59 PM.
The "party gratuity" is kind of like a binding contract the moment you order off the menu (since it says it there). Sleazy, but that comes with Capitalism.
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Last edited by awafoo May 3, 2012 at 05:03 PM.
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Zoe Moon
05-03-2012 at 05:18 PM.
05-03-2012 at 05:18 PM.
I worked as a waitress for a few months after getting out of high school. It's hard work and even if you do a wonderful job, some people are going to stiff you on the tip. On large parties, they're usually taking up two or three of what would be four person tables in that waiters section. That's why most restaurants have a minimum tip policy on large parties but usually it's for six (some places 8) people or more. However, if a waiter gives poor service on a large table, a good manager will get others in to help or step in and comp something for the customer.

In this case, based on the incident that started the whole thing and after reading some of the older reviews on Yelp for LA Fisherman (look at post 13 for one of the reviews), it sounds like they have a really poor management team who don't care if the customers are overcharged or satisfied with the service.
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dukpoki
05-03-2012 at 05:21 PM.
05-03-2012 at 05:21 PM.
Quote from Zoe Moon :
Show me a law in any state that says this.
lol you look it up. i'm not your slave Stick Out Tongue

but really it's common sense. take this to court and what do you think the outcome will be? last i saw it said "18% will be included in the check for parties of 6 or more" not "18% will be included in the check for only good services".
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dukpoki
05-03-2012 at 05:25 PM.
05-03-2012 at 05:25 PM.
Quote from Frogstar :
Mandatory 17%?
I wouldn't ever go there strictly out of principal. 15% is standard, if you don't like it, get a different farking job.
and if you don't like the mandatory 17% eat at your farking home Smilie
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05-03-2012 at 05:48 PM.
05-03-2012 at 05:48 PM.
Quote from dukpoki :
lol you look it up. i'm not your slave Stick Out Tongue

but really it's common sense. take this to court and what do you think the outcome will be? last i saw it said "18% will be included in the check for parties of 6 or more" not "18% will be included in the check for only good services".
Sounds totally bogus to me. Where'd you go to law school again?
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Joined Jun 2006
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Zoe Moon
05-03-2012 at 05:49 PM.
05-03-2012 at 05:49 PM.
Quote from dukpoki :
Sorry only way for this to happen is if..

the customer complains about the service and the manager wants to make the customer happy and removes the 18% so the customer can tip on their own accord.

However if the management refuses and the bill comes out let's say $45.82 after tax and gratuity, then that's the final amount. And if you refuse to pay it then it's against the law just as if you hired a plumber to fix your bathroom leak and his final bill was $88.24 after tax, and you refused to pay the exact amount.
Quote from dukpoki :
lol you look it up. i'm not your slave Stick Out Tongue

but really it's common sense. take this to court and what do you think the outcome will be? last i saw it said "18% will be included in the check for parties of 6 or more" not "18% will be included in the check for only good services".
Nono2I don't have to look up anything. I'm not the one who made the statement that not paying the gratuity was "against the law". If you don't want to back up your statement with facts/proof, then we'll just disregard what you say. Harhar
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Joined Jan 2007
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Maleficent
05-03-2012 at 05:50 PM.
05-03-2012 at 05:50 PM.
Quote from Zoe Moon :
I don't have to look up anything. I'm not the one who made the statement that not paying the gratuity was "against the law". Nono2

If you don't want to back up your statement with facts/proof, then we'll just disregard what you say. Harhar
Iagree

New lounge troll, perhaps...? bulb
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