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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 Nov 2005
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> bubble2 39,437 Posts
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Dr. J
05-03-2012 at 05:54 PM.
05-03-2012 at 05:54 PM.
Anytime I've seen one of those "a X% service charge will be added...." it usually has the caveat that they will remove it if you request.
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Joined Oct 2007
No.
> bubble2 4,980 Posts
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damsel.
05-03-2012 at 06:26 PM.
05-03-2012 at 06:26 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.
Completely untrue. The tip is added on a separate line. What do customers do? Ignore the 18% added and put their own tip in. In NY, you can't be forced to tip, no matter what the menu says. http://www.nytimes.com/2004/09/15...ref=slogin

You're just making blanket statements about shit you clearly have no clue about.
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Joined Jun 2006
Jambi-rific in Seattle!
> bubble2 31,436 Posts
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Original Poster
Zoe Moon
05-03-2012 at 06:37 PM.
05-03-2012 at 06:37 PM.
Quote from damsel. :
Completely untrue. The tip is added on a separate line. What do customers do? Ignore the 18% added and put their own tip in. In NY, you can't be forced to tip, no matter what the menu says. http://www.nytimes.com/2004/09/15/nyregion/15tipper.html?_r=2&oref=slogin

You're just making blanket statements about shit you clearly have no clue about.
High Five
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Joined May 2006
Boating
> bubble2 21,228 Posts
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Piccaboo
05-03-2012 at 07:09 PM.
05-03-2012 at 07:09 PM.
Quote from dukpoki :
and if you don't like the mandatory 17% eat at your farking home Smilie
If that mandatory 17% and/or 18% were actually "true" - why then on Restaurant.com Certificates where it specifically states that a "gratuity" will be added onto the bill prior to discount - yet I have never had that happen when using one of their Certificates Scratchhead

I have always tipped accordingly prior to the discount, would never think of under tipping, as we always tip around 20% normally, unless we get extremely terrible service from the wait staff and/or something has gone terribly wrong with the meal; and the Manager refuses to do anything about it (like the case cited here).

So where does State Law come into play here Scratchchin or are you digging up crap and trolling as others have implied.

Here from a Restaurant.com Certificate:

Special Instructions: Minimum 2 entrees. 18% Gratuity added prior to discount. Valid for Dinner, Dine In ONLY. Excludes: Other Offers/Promotions. One certificate per table, per group. Excludes happy hour. Not valid on alcohol. Not valid on holiday or special events. Not valid Friday or Saturday.

I've been to this Restaurant previously, and they have never, ever added the 18% Gratuity to my bill prior to the discount and/or prior to my paying the bill. So I think you are barking up the wrong dinner plate here Wink
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Joined Oct 2006
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> bubble2 726 Posts
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dukpoki
05-03-2012 at 07:47 PM.
05-03-2012 at 07:47 PM.
Quote from Piccaboo :
If that mandatory 17% and/or 18% were actually "true" - why then on Restaurant.com Certificates where it specifically states that a "gratuity" will be added onto the bill prior to discount - yet I have never had that happen when using one of their Certificates Scratchhead

I have always tipped accordingly prior to the discount, would never think of under tipping, as we always tip around 20% normally, unless we get extremely terrible service from the wait staff and/or something has gone terribly wrong with the meal; and the Manager refuses to do anything about it (like the case cited here).

So where does State Law come into play here Scratchchin or are you digging up crap and trolling as others have implied.

Here from a Restaurant.com Certificate:

Special Instructions: Minimum 2 entrees. 18% Gratuity added prior to discount. Valid for Dinner, Dine In ONLY. Excludes: Other Offers/Promotions. One certificate per table, per group. Excludes happy hour. Not valid on alcohol. Not valid on holiday or special events. Not valid Friday or Saturday.

I've been to this Restaurant previously, and they have never, ever added the 18% Gratuity to my bill prior to the discount and/or prior to my paying the bill. So I think you are barking up the wrong dinner plate here Wink
how does this have anything to do with large parties. FYI the restaurant i worked in had 18% gratuity to large parties or discounted checks. But the latter we only add 18% if the coupon they bring in specifically states it. Oh and anytime someone does use the coupon we do put the gratuity. Some restaurants don't. Your point?
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Joined Oct 2006
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dukpoki
05-03-2012 at 07:55 PM.
05-03-2012 at 07:55 PM.
Quote from damsel. :
Completely untrue. The tip is added on a separate line. What do customers do? Ignore the 18% added and put their own tip in. In NY, you can't be forced to tip, no matter what the menu says. http://www.nytimes.com/2004/09/15...ref=slogin

You're just making blanket statements about shit you clearly have no clue about.
Wow seriously? Every restaurant has a different POS system. Our system, if 18% was included, then the tab would print as follow (this is an example):

1 x Sweet Tea 1.95
1 x Steak 19.95
1 x Side item 3.95

Sub Total: 28.85
Tax: 2.00
Gratuity (18%): 4.65

Total Bill: 35.50



Then if you paid by let's say credit card then it'll print like this:


Total Bill: 35.50

Additional Tip:______________

Signature:______________


So yea every system is different.
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Joined Oct 2006
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> bubble2 726 Posts
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dukpoki
05-03-2012 at 08:12 PM.
05-03-2012 at 08:12 PM.
Quote from Zoe Moon :
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
okay i did a quick search. perhaps there is no current law in effect but i have a feeling there will be soon (especially after this controversy with LA Fishermans)

Someone commented this and it hits the head of the nail:

"Assuming she can read since she ordered something from the menu and the notice of the gratuity was clearly posted there, I understand the position of the restaurant. If she was unhappy with the service, at some point she should have asked to speak to the manager and explain in a calm manner why the service didn't meet their expectations. Most of the times it is not the servers fault and the manager will do something to make amends.

Upon ordering the food she entered into a contract. Their was an offer and acceptance. When she was presented the bill and didn't pay for the gratuity it became a theft of services since the cost was established.

This kind of policy is a dual edged sword. It should make a server on their toes and try to up sell to the max, on the other hand there are those servers may think there is $50 and I will do as little as possible. Also, it is up to management to be checking on the diners."

In the end, like i said, i feel it's "against the law" because if it really came down to it, like the LA fisherman's case, the judge will see the gratuity as part of the food they ordered. It's clearly stated in the restaurant when she ordered the food. If you read up on it she keeps saying that she didn't mind paying for the food just not the gratuity. Well when she order the food the gratuity is a part of the food. It clearly stated that. If she opened the menu and read 18% will be included and didn't want to pay it but wanted to order the steak then the only way to get out of that situation is to clearly not order the steak. Or else she will be charged. period. She's fighting a losing battle.
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Joined Oct 2006
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dukpoki
05-03-2012 at 08:15 PM.
05-03-2012 at 08:15 PM.
Quote from Maleficent :
Iagree

New lounge troll, perhaps...? bulb
lol good one. i've never been called that. interesting.
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Joined Jan 2007
Free hugs!
> bubble2 16,512 Posts
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uniquename
05-03-2012 at 08:21 PM.
05-03-2012 at 08:21 PM.
Quote from dukpoki :
and if you don't like the mandatory 17% eat at your farking home Smilie
If it's mandatory, raise the price. If not, stfu and get me a refill. Make it snappy and there might be an extra buck in it for you.
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Joined Oct 2006
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dukpoki
05-03-2012 at 08:24 PM.
05-03-2012 at 08:24 PM.
Quote from uniquename :
If it's mandatory, raise the price. If not, stfu and get me a refill. Make it snappy and there might be an extra buck in it for you.
wow. i'll be right back with that refill of spit for you sir.

ps your attitude is awesome!!!!111 it'll definitely get you everything you want in life!
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Last edited by dukpoki May 3, 2012 at 08:56 PM.
Joined Jan 2007
The Mistress of All Evil!
> bubble2 22,510 Posts
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Maleficent
05-03-2012 at 08:25 PM.
05-03-2012 at 08:25 PM.
Quote from dukpoki :
lol good one. i've never been called that. interesting.
Oh, I'm sure it won't be the last time.

Quote from uniquename :
If it's mandatory, raise the price. If not, stfu and get me a refill. Make it snappy and there might be an extra buck in it for you.
Roll

Iagree

Seriously, if they wanna pull that bullshit, just raise all the prices of the food, and increase the wages for the waitstaff. NOT... THAT... FREAKIN'... HARD...

I used to wait tables, and I don't ever recall having any mandatory gratuity. Sure, occasionally people stiff you, even when you're a great server because they're just assholes and don't realize you only get $2.35/hr from the actual restaurant, but most people tip well when you're decent, and regulars tip even better. It's the nature of the job.

I have to say though, I think it would be pretty cool if we could pay all employees of every industry based on how well they do their job - I'm sure it'd be much more of an incentive for some people that are shit at their job to step it up a notch. *cough* customer service people *cough* *cough*
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Joined Oct 2006
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dukpoki
05-03-2012 at 08:33 PM.
05-03-2012 at 08:33 PM.
Quote from Maleficent :
I have to say though, I think it would be pretty cool if we could pay all employees of every industry based on how well they do their job - I'm sure it'd be much more of an incentive for some people that are shit at their job to step it up a notch. *cough* customer service people *cough* *cough*
Oh i agree with you on that. I absolutely hated working for TIPS. that is the worst job ever. You are basically a slave to the customer. Because for instance, if you worked as a customer service person in a supermarket and there was a foul person atleast you could ignore them because he doesn't pay you--the boss does! But in the waiting business, the customer "pays" you so you are basically a slave. No matter how unfair they treat you, you have to do their every bidding with a smile.

I wish the government would rehaul this tipping system and abolish it but there's a downside to it. If we abolished tipping and restaurants charged more for services and paid the wait staff a decent wage what would guarantee good service?
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Joined Oct 2007
No.
> bubble2 4,980 Posts
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damsel.
05-03-2012 at 08:34 PM.
05-03-2012 at 08:34 PM.
Quote from dukpoki :
Wow seriously? Every restaurant has a different POS system. Our system, if 18% was included, then the tab would print as follow (this is an example):

1 x Sweet Tea 1.95
1 x Steak 19.95
1 x Side item 3.95

Sub Total: 28.85
Tax: 2.00
Gratuity (18%): 4.65

Total Bill: 35.50



Then if you paid by let's say credit card then it'll print like this:


Total Bill: 35.50

Additional Tip:______________

Signature:______________


So yea every system is different.
It has nothing to do with POS. In NY, they cannot force an individual to tip no matter how the gratuity is added. Even if the menu says it's mandatory, it's not enforceable.
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Joined Oct 2006
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dukpoki
05-03-2012 at 08:35 PM.
05-03-2012 at 08:35 PM.
Quote from Maleficent :
Oh, I'm sure it won't be the last time.
[/SIZE]
umm thanks. did i do something to you?

Quote from damsel. :
It has nothing to do with POS. In NY, they cannot force an individual to tip no matter how the gratuity is added. Even if the menu says it's mandatory, it's not enforceable.

i hate to be the one to ask this... but since someone asked me earlier mine as well as ask you in the same manner. proof or i call troll. lol jk. but seriously i'm not gonna argue. i'm not from ny.
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Last edited by dukpoki May 3, 2012 at 08:37 PM.

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Joined Jan 2007
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> bubble2 22,510 Posts
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Maleficent
05-03-2012 at 08:41 PM.
05-03-2012 at 08:41 PM.
Quote from dukpoki :
Oh i agree with you on that. I absolutely hated working for TIPS. that is the worst job ever. You are basically a slave to the customer. Because for instance, if you worked as a customer service person in a supermarket and there was a foul person atleast you could ignore them because he doesn't pay you--the boss does! But in the waiting business, the customer "pays" you so you are basically a slave. No matter how unfair they treat you, you have to do their every bidding with a smile.

I wish the government would rehaul this tipping system and abolish it but there's a downside to it. If we abolished tipping and restaurants charged more for services and paid the wait staff a decent wage what would guarantee good service?
But what guarantees good service in any other industry that services customers?

How about we have the goddamned people at the DMV work for tips? Now THAT would be a good idea! bulb

Quote from dukpoki :
umm thanks. did i do something to you?
No, I just like messing with people in the lounge. laugh out loud
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