Joined Jan 2006
L8: Grand Teacher
Forum Thread
Applebee’s fires waitress who posted receipt from pastor complaining about auto-tip
February 1, 2013 at
08:36 AM
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An Applebee's waitress who posted a receipt with a note from a pastor complaining about the automatic gratuity added to the bill on the Internet was fired on Wednesday after the pastor complained to her manager.
Chelsea Welch, the waitress, wrote in an email to Yahoo News that the pastor (who has since been identified as Alois Bell) told Welch's manager at the St. Louis-area Applebee's that the ensuing firestorm had "ruined" her reputation.
http://news.yahoo.com/blogs/sides...20748.h
The female pastor has also has written a 28-page volume examines spiritual nourishment, complete with references to candy and junk food. The $10 paperback is titled "Watch the Hand that Feeds You." From her size, it appears she doesn't like to follows her own advice.
....
http://www.thesmokingg
Chelsea Welch, the waitress, wrote in an email to Yahoo News that the pastor (who has since been identified as Alois Bell) told Welch's manager at the St. Louis-area Applebee's that the ensuing firestorm had "ruined" her reputation.
http://news.yahoo.com/blogs/sides...20748.h
The female pastor has also has written a 28-page volume examines spiritual nourishment, complete with references to candy and junk food. The $10 paperback is titled "Watch the Hand that Feeds You." From her size, it appears she doesn't like to follows her own advice.
....
http://www.thesmokingg
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http://www.ehow.com/info_8085138_..
There are several court cases where judges have ruled that gratuities are not legally enforceable. Apparently, if they call it a service charge, then it is enforceable. But mandatory tips are not allowed.
http://www.ehow.com/info_8085138_..
There are several court cases where judges have ruled that gratuities are not legally enforceable. Apparently, if they call it a service charge, then it is enforceable. But mandatory tips are not allowed.
"Service Charges"
While a restaurant cannot technically mandate the payment of a tip, this does not mean that the restaurant cannot charge another fee that resembles a tip but is given another name. For example, a restaurant can charge an 18 percent "seating fee" or "service charge" on large parties. This money is not technically considered a tip and is therefore legally enforceable. However, it must be announced before the party begins its meal.
Considerations
While a tip may not be legally enforceable, a local police force -- or a local judge -- may see the matter differently. This means that even if a restaurant patron declares to the restaurant that it does not legally have to pay the mandatory tip, police may still be summoned and the person may still be arrested. Whether a restaurant will choose to press charges, however, is up to the restaurant.
So, you have one laughable case in New York and a times writer who didn't bother to cite another source versus the other two paragraphs.
"Service Charges"
While a restaurant cannot technically mandate the payment of a tip, this does not mean that the restaurant cannot charge another fee that resembles a tip but is given another name. For example, a restaurant can charge an 18 percent "seating fee" or "service charge" on large parties. This money is not technically considered a tip and is therefore legally enforceable. However, it must be announced before the party begins its meal.
Considerations
While a tip may not be legally enforceable, a local police force -- or a local judge -- may see the matter differently. This means that even if a restaurant patron declares to the restaurant that it does not legally have to pay the mandatory tip, police may still be summoned and the person may still be arrested. Whether a restaurant will choose to press charges, however, is up to the restaurant.
So, you have one laughable case in New York and a times writer who didn't bother to cite another source versus the other two paragraphs.
2) Just because the police can be summoned and arrest you for something that does not make it illegal. That's why we have wrongful arrest lawsuits.
3) It very clearly says (there's that pesky reading thing again) in the stuff that you posted "While a restaurant cannot technically mandate the payment of a tip" and "While a tip may not be legally enforceable" so thanks for proving my point.
4) This situation has come up in several states across the country and each time either the case is dropped or the judge rules that gratiuties are not legally enforceable.
Linky 1 [time.com] - Pennsylvania
Linky 2 [freeadvice.com] - California (scroll down to post 4)
(1) the payment must be made free from compulsion; (2) the customer must have the unrestricted right to determine the amount; (3) the payment should not be the subject of negotiation or dictated by employer policy; and (4) generally, the customer has the right to determine who receives the payment.
So it is illegal under IRS regulations for a restaurant to mandate a tip unless they call it a service charge. If it says that a mandatory gratuity will be added, it's illegal.
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Makes me cough up a nut when I think of our $113/pp wedding reception (not my choice at all
Makes me cough up a nut when I think of our $113/pp wedding reception (not my choice at all
They saw you comin'
La Fisherman obviously already knew calling the police would work:
"She said, 'That's fine. If you don't want to pay the gratuity we have HPD outside,'" Marks said.
"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," she added.
The on-duty manager at the restaurant told Houston's local KPRC Local 2 that although they don't "have a problem with customers not giving a tip," they have called the police before.
The police showed up and eventually the family decided to pay the 17% tip, get out of the situation, and forget the whole thing.
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"She said, 'That's fine. If you don't want to pay the gratuity we have HPD outside,'" Marks said.
"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," she added.
The on-duty manager at the restaurant told Houston's local KPRC Local 2 that although they don't "have a problem with customers not giving a tip," they have called the police before.