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Kikomom
Joined: 24 Jun 2008
Location: them thar hills--Penna, USA--Zippy is my kid, the teacher in ROK. You can call me Kiko
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 Posted: Mon Nov 23, 2009 9:54 am Post subject: Busted for Refusing to Pay Tip |
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I know what a contentious subject it can be. But this takes the cake...
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Couple Busted for Refusing to Pay Tip
Patrons claim service was so bad, they had to get napkins and silverware for themselves
By DAVID CHANG
Updated 12:20 PM EST, Thu, Nov 19, 2009
If you�re frustrated by poor service at a restaurant, think twice before you decide to not tip. You may be in for a bit more than just a dirty look from the waiter.
"Nobody, nobody wants to be forced to pay a tip or be arrested for terrible service," Leslie Pope said when her happy hour ended in handcuffs.
Pope and John Wagner were hauled away by police and charged with theft for not paying the mandatory 18 percent gratuity totaling $16 after eating at the Lehigh Pub in Bethlehem, Pa. with six friends. |
The establishment in question made a mistake by stating the service charge on the menu as a 'mandatory gratuity'. No such animal, it's beyond ambiguity.
This restaurant deserves the full scrutiny of the IRS. Call in the FDA and Gordon Ramsey for good measure. |
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the ireland
Joined: 11 May 2008
Location: korea
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| Posted: Mon Nov 23, 2009 11:03 am Post subject: |
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| If I thought the service was very very very bad I would deduct the %gratuity that is automatically added to my bill, but it would have to be really terrible |
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redhed
Joined: 05 Nov 2008
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| Posted: Mon Nov 23, 2009 2:25 pm Post subject: |
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| There is such a thing as a 'mandatory gratuity', it's usually posted for larger parties. It's a service charge, and it is usually posted on the menu or plainly in a restaurant. |
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the ireland
Joined: 11 May 2008
Location: korea
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| Posted: Mon Nov 23, 2009 2:38 pm Post subject: |
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| redhed wrote: |
| There is such a thing as a 'mandatory gratuity', it's usually posted for larger parties. It's a service charge, and it is usually posted on the menu or plainly in a restaurant. |
those madatory gratuitys are not legally binding, if the service is not up to a good standard you do not have to pay them. May be a bit harsh on your waiter to not pay it for a party over 10 or 12 though |
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redhed
Joined: 05 Nov 2008
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| Posted: Mon Nov 23, 2009 3:55 pm Post subject: |
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| So it seems that you are right Ireland, a mandatory gratuity is not legally binding. This is due to the IRS definition of gratuity, which qualifies it as a gift, voluntarily given. However, if the menu or posted sign lists it as a service charge, it is legally binding. This demonstrates to me that the idea is accepted legally, but that specific wording excludes certain situations by definition. That being said, it seems very few police and even fewer prosecutors care to get involved and press charges (probably rightfully so). So fear not diners everywhere, you can stiff you server without worry. |
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the ireland
Joined: 11 May 2008
Location: korea
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| Posted: Mon Nov 23, 2009 4:58 pm Post subject: |
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| redhed wrote: |
| So fear not diners everywhere, you can stiff you server without worry. |
Love your word of warning / advice  |
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Goku
Joined: 10 Dec 2008
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| Posted: Mon Nov 23, 2009 5:24 pm Post subject: |
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I've been the manager of a high class resturant.
And let me tell you. I would NEVER EVER force a gratuity on someone where the customers had to get their own silverware.
That's just not right. You get what you pay for and an 18% in this economic downturn is high. Given the amount of work associated with being a waiter... the waiters are overpaid.
I'm outraged and appaled at this pub.
Although, frankly speaking, it is all hersay. Maybe the service was great, and the customers are just complaining to refuse to pay. Who knows. |
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beercanman
Joined: 16 May 2009
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| Posted: Mon Nov 23, 2009 5:42 pm Post subject: |
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mandatory gratuity?
haha
funniest thing I've seen in a while. |
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the ireland
Joined: 11 May 2008
Location: korea
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| Posted: Mon Nov 23, 2009 5:48 pm Post subject: |
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| beercanman wrote: |
mandatory gratuity?
haha
funniest thing I've seen in a while. |
yes, it's an oxymoron at its highest level (give me more lousy points) |
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Goku
Joined: 10 Dec 2008
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| Posted: Mon Nov 23, 2009 5:52 pm Post subject: |
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| the ireland wrote: |
| beercanman wrote: |
mandatory gratuity?
haha
funniest thing I've seen in a while. |
yes, it's an oxymoron at its highest level (give me more lousy points) |
Bro your obsession is leading into other threads....
lol scary yo. |
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the ireland
Joined: 11 May 2008
Location: korea
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| Posted: Mon Nov 23, 2009 6:06 pm Post subject: |
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| Goku wrote: |
| the ireland wrote: |
| beercanman wrote: |
mandatory gratuity?
haha
funniest thing I've seen in a while. |
yes, it's an oxymoron at its highest level (give me more lousy points) |
Bro your obsession is leading into other threads....
lol scary yo. |
that's how lousy my life is
and back to kikomom's thread before I get sent to the naughty step  |
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Moldy Rutabaga
Joined: 01 Jul 2003
Location: Ansan, Korea
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| Posted: Mon Nov 23, 2009 6:38 pm Post subject: |
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I suppose the law is the law, even if "mandatory gratuity" is weasel words that mislead the customer.
I'm more interested in the restaurant's view on this after the fact. Do they really think they made the right decision to call the police into their restaurant, and then have the national media cover the story of how they were arrested because the service was so awful? This is horrendous publicity. The couple should tell the media there were bugs in the food! 
I hate the tipping culture. One of my least favorite things about back home. |
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the ireland
Joined: 11 May 2008
Location: korea
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| Posted: Mon Nov 23, 2009 6:43 pm Post subject: |
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I like to tip people who are really friendly and authentically nice whe they serve you. I rarely tip in chain restaurants as they throw in the 10%service charge and that just annoys me cos I would usually tip more than that if the service was good.
Small local businesses are places I like to tip in, especially some of my favourite restaurants, at least you are guaranteed good service next time you go in  |
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Steelrails
Joined: 12 Mar 2009
Location: Earth, Solar System
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| Posted: Mon Nov 23, 2009 7:22 pm Post subject: |
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As someone who used to work for tips, I was always a big tipper when I went out. You get perks- Faster service, tables for you, free drinks, drinking past last call.
Now, if I gave crappy service, I did not expect a tip, but people notice.
Anyone who thinks waiting is an easy job, uh-uh.
I never use percentage for tips, always per item plus other factors. |
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Fox
Joined: 04 Mar 2009
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| Posted: Mon Nov 23, 2009 7:55 pm Post subject: |
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| Moldy Rutabaga wrote: |
| I hate the tipping culture. One of my least favorite things about back home. |
Me too, tipping is ridiculous. It's not that I'm opposed to paying; if you want 15% more for the bloody meal, raise all the prices by 15%, and show the real price on the menu. Of course, I'd rather not pay the tip and not pay for the waiter, to be honest. I go to restaurants for the food, not for the waiting service. I'd be happy getting my own fork, pouring my own water, going to the stoop outside the kitchen and picking up my own food, etc, if it meant not having to tip and not having to pay for waiting service.
Korea is pretty solid proof that tipping is not required to have quality service, though, so I don't really see the point of the tipping system. |
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