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Applebee’s fires waitress who posted receipt from pastor complaining about auto-tip

3,674 341 February 1, 2013 at 08:36 AM in News (2) Get Yahoo! Web Hosting coupons Coupons
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.html


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.





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http://www.thesmokinggun.com/docu...zes-687234

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empiretc
02-05-2013 at 10:44 AM.
02-05-2013 at 10:44 AM.
Quote from redmaxx :
I don't see anyone actually getting arrested...
wonder what would have happened if they had not given in
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Kristin
02-05-2013 at 10:54 AM.
02-05-2013 at 10:54 AM.
Quote from empiretc :
"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."
Because I'm sure the police have nothing better to do than respond to frivolous bs like this. Roll Eyes (Sarcastic)

Quote from redmaxx :
I don't see anyone actually getting arrested...
Iagree
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jeepdog
02-05-2013 at 11:09 AM.
02-05-2013 at 11:09 AM.
Quote from jj.12321 :
The whole point of tipping is to make the wait staff eager to please, hopefully resulting in good service. They do this because of the reward of a tip. I was a waiter in college, it's a great motivation.
Look at how friendly and attentive most waiters are.
Now go into a fast food joint, where the poor cashier is making a fixed minimum wage (maybe if she busts her ass, she'll get a 10 cent/hour raise next year).
I bet the fast food worker is less concerned about customer satisfaction.

And the other guy's point is valid too.. No way would cheapo corporations pay their employees nearly what they make in tips.
The worst service I have ever had has been at sit down restaurants, NOT fast food places. I attribute it to the sense of entitlement that seems to be prevalent in the wait staff of today.
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dalokgawd
02-05-2013 at 11:11 AM.
02-05-2013 at 11:11 AM.
Quote from empiretc :
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.
See this is the problem... they did nothing illegal and the police officer even knew that because when asked directly whether they had broken the law the police officer didn't answer. The couple was basically coerced into complying through the intimidation of the restaurant management and the police. This is what happens when people don't know their rights, which is why I get a little upset when people go around confusing the issue. The law is very clear... gratuities are not legally enforceable debts and people should know that.

There was a thread in the lounge a while back about someone who got a haircut at a place that was advertising like $15 haircuts or something like that, and the chick cutting his hair and his wife's hair added an automatic 25% gratuity and charged them like $40 for the two haircuts. When they refused to pay, the employee threatened to call mall security and the OP gave in and paid the outrageous mandatory tip to avoid confrontation. Anyone else remember that thread? I believe the OP later got in touch with the owner of the business and got the chick fired because the owner did not authorize that and the employee was basically skimming money off the top.
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Last edited by dalokgawd February 5, 2013 at 11:14 AM.
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empiretc
02-05-2013 at 11:47 AM.
02-05-2013 at 11:47 AM.
Quote from dalokgawd :
See this is the problem... they did nothing illegal and the police officer even knew that because when asked directly whether they had broken the law the police officer didn't answer. The couple was basically coerced into complying through the intimidation of the restaurant management and the police. This is what happens when people don't know their rights, which is why I get a little upset when people go around confusing the issue. The law is very clear... gratuities are not legally enforceable debts and people should know that.

Iagree
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idkist
02-05-2013 at 12:09 PM.
02-05-2013 at 12:09 PM.
Quote from dalokgawd :
Anyone else remember that thread?
wave

I remember it!
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tukwok
02-05-2013 at 12:17 PM.
02-05-2013 at 12:17 PM.
Quote from dalokgawd :
See this is the problem... they did nothing illegal and the police officer even knew that because when asked directly whether they had broken the law the police officer didn't answer. The couple was basically coerced into complying through the intimidation of the restaurant management and the police. This is what happens when people don't know their rights, which is why I get a little upset when people go around confusing the issue. The law is very clear... gratuities are not legally enforceable debts and people should know that.

There was a thread in the lounge a while back about someone who got a haircut at a place that was advertising like $15 haircuts or something like that, and the chick cutting his hair and his wife's hair added an automatic 25% gratuity and charged them like $40 for the two haircuts. When they refused to pay, the employee threatened to call mall security and the OP gave in and paid the outrageous mandatory tip to avoid confrontation. Anyone else remember that thread? I believe the OP later got in touch with the owner of the business and got the chick fired because the owner did not authorize that and the employee was basically skimming money off the top.
https://slickdeals.net/f/3048443-FORCED-TIPPING-Do-you-get-annoyed-or-mad-if-forced-to-tip-a-certain-amount-NO-OT?v=1
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Curtieson
02-05-2013 at 12:37 PM.
02-05-2013 at 12:37 PM.
Quote from redmaxx :
This doesn't make any sense. You cannot be arrested for not paying a debt.
What's the difference between owing a debt and stealing an item?

If I agree to pay someone to mow my lawn, to which he has to use up $5 in gas...when he is done he asks for $50 and that is a debt then? And I can't be arrested if I stiff him (make him sue me to get it).

However, if I go to a store, which sells gas directly, and take $5 worth of gas and refuse to pay, and give it to someone to mow my lawn with it...that is stealing.

So, in both situations I got use of $5 worth of gas and didn't pay for anything...but in only one situation did I steal it?
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redmaxx
02-05-2013 at 12:43 PM.
02-05-2013 at 12:43 PM.
Quote from Curtieson :
What's the difference between owing a debt and stealing an item?
One is a criminal act, the other is a civil dispute.

Quote :
If I agree to pay someone to mow my lawn, to which he has to use up $5 in gas...when he is done he asks for $50 and that is a debt then? And I can't be arrested if I stiff him (make him sue me to get it).

However, if I go to a store, which sells gas directly, and take $5 worth of gas and refuse to pay, and give it to someone to mow my lawn with it...that is stealing.

So, in both situations I got use of $5 worth of gas and didn't pay for anything...but in only one situation did I steal it?
I'm not a legal expert, but to me, there is a difference in the scenarios. Imagine if you could be arrested for debts. Suddenly all the deadbeat debt collectors that keep buying up bogus debt, invalid debt, paid debt, start getting people arrested.

Or to use your example, you verbally agree on a price of $8 to mow the lawn, and then he wants to charge you $50. You refuse to pay and he calls the police. What are they supposed to do about it? The answer is nothing, that's the job of the civil court system. Compared to the gas station, you had no contract, you had no authorization, you just straight up stole their property, which is a crime. Police get involved, the state presses charges, etc.

Also imagine if your cable/wireless company decides to add a bunch of bogus fees and stuff to your bill. You know the story, telecom companies do all kinds of scummy things in billing... Can they arrest you for failing to pay their bogus fees?

We did away with debtors prisons for a reason. They're immoral and illogical in the context of civil contracts.
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Last edited by redmaxx February 5, 2013 at 12:47 PM.
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Curtieson
02-05-2013 at 12:56 PM.
02-05-2013 at 12:56 PM.
Quote from redmaxx :
One is a criminal act, the other is a civil dispute.

I'm not a legal expert, but to me, there is a difference in the scenarios. Imagine if you could be arrested for debts. Suddenly all the deadbeat debt collectors that keep buying up bogus debt, invalid debt, paid debt, start getting people arrested.

Or to use your example, you verbally agree on a price of $8 to mow the lawn, and then he wants to charge you $50. You refuse to pay and he calls the police. What are they supposed to do about it? The answer is nothing, that's the job of the civil court system. Compared to the gas station, you had no contract, you had no authorization, you just straight up stole their property, which is a crime. Police get involved, the state presses charges, etc.

Also imagine if your cable/wireless company decides to add a bunch of bogus fees and stuff to your bill. You know the story, telecom companies do all kinds of scummy things in billing... Can they arrest you for failing to pay their bogus fees?

We did away with debtors prisons for a reason. They're immoral and illogical in the context of civil contracts.
So I think it would more boil down to prices being clearly marked vs. not? That does make sense. I was speaking as if the $50 was clearly agreed upon, but I didn't state that.

If you don't pay your Mortgage...even though the price is CLEARLY marked and you signed a contract ahead of time for the EXACT amount you knew you were going to pay...you are not arrested when you go into foreclosure.

I do not see any difference at all between someone going into foreclosure and someone walking out on a bill at a restaurant.

Wait...Could you be arrested if you just walked out on a bill? Confused
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redmaxx
02-05-2013 at 01:09 PM.
02-05-2013 at 01:09 PM.
Quote from Curtieson :
So I think it would more boil down to prices being clearly marked vs. not? That does make sense. I was speaking as if the $50 was clearly agreed upon, but I didn't state that.
Right, but the clarity is made murky unless you have a signed document and even then there's all sorts of technicalities that can invalidate the document and it just goes on and on...

Lawnmower guy invests his time and his own property willfully into mowing your lawn and you not paying isn't theft. You're defaulting on the debt, so the police don't arrest you. You walk up and steal some gas from someone and that's theft, since they were not willing participants and have had their own property stolen from them.

Quote :
If you don't pay your Mortgage...even though the price is CLEARLY marked and you signed a contract ahead of time for the EXACT amount you knew you were going to pay...you are not arrested when you go into foreclosure.
Exactly. Imagine how full our prisons would be if we arrested debtors, based solely on the number of people that went into default! EEK!

Quote :
I do not see any difference at all between someone going into foreclosure and someone walking out on a bill at a restaurant.

Wait...Could you be arrested if you just walked out on a bill? Confused
And that's the confusion. Some claim it's possible, but I don't think so.

Of course, you can be arrested, the police have the guns after all, but boy I'd be on the phone so fast with the ACLU to hit them with a false imprisonment suit...
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Curtieson
02-05-2013 at 01:16 PM.
02-05-2013 at 01:16 PM.
Quote from redmaxx :
Exactly. Imagine how full our prisons would be if we arrested debtors, based solely on the number of people that went into default! EEK!
Well, that's not fair to say though...Imagine how full the prisons would be if having McDonalds on back-to-back days was illegal. You have no idea, because a lot of the people that do it now would stop.

If they made defaulting on your loans illegal, people wouldn't get into the "dream house in which the monthly payment is 3x our monthly income" situation. I am sure the banks would still approve you for it, though laugh out loud

People would still default...it happens...but there would be a LOT more people trying to solve it on the front end (if your life is turned upside down, proactively contacting the bank) and a LOT more people buying houses they could comfortably afford.
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Curtieson
02-05-2013 at 01:23 PM.
02-05-2013 at 01:23 PM.
Quote from redmaxx :
Lawnmower guy invests his time and his own property willfully into mowing your lawn and you not paying isn't theft. You're defaulting on the debt, so the police don't arrest you. You walk up and steal some gas from someone and that's theft, since they were not willing participants and have had their own property stolen from them.
So was it not illegal to steal gas back in the days when you paid AFTER you pumped?

The gas station willingly let you take the gas and put it into your car...maybe you messed up and put in too much. They willfully let you fill up your car...they even gave you instructions on the pump as to how to do it...you just didn't have any money on you.
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dalokgawd
02-05-2013 at 01:25 PM.
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iconian | Staff
02-05-2013 at 01:31 PM.
02-05-2013 at 01:31 PM.
Wow, and here I thought we have exhausted all possible tipping topics.
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