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Couple Arrested for Refusing to Pay Tip After Poor Service At A Restaurant

Knight Rider

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It is a very old article (Nov 2009), but still an interesting story. Some restaurants have mandatory tips, but my view has always been that tips given should be related to the service that you received.

https://www.nbcphiladelphia.com/news/local/Time-In-Prison--70426052.html

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.

Pope claimed that they had to wait nearly an hour for their order and that she had to get napkins and silverware for the table herself.

“At this point I became very annoyed because I had already gone up to the bar myself to have my soda refilled because the waitress never came back,” Pope said.

After the $73 bill came, the group paid for food, drinks, and tax but refused to pay the tip. After explaining the bad service to the bartender in charge, Pope claimed he took their money and called police. The couple was handcuffed and placed in the back of a police car.

“I understand that, you know, we didn’t pay the gratuity, but it was a gratuity, it wasn’t something that was required,” said Wagner.

The owner admitted that the group waited unusually long for their food, but said the pub was extremely busy that night. He said managers offered to comp the food, a claim the couple denies ever happened.

“Obviously we would have liked for the patron and the establishment to have worked this out without getting the police involved,” said Deputy Police Commissioner Stuart Bedics.

Police charged them with theft since the gratuity was part of the actual bill. However, it is doubtful that the charges will hold up in front of a judge. The couple is scheduled to appear in court next month.
 
Here is a more up to date article on the same topic:

Furious staff LOCK family inside restaurant for refusing to pay tip after bad service

https://www.dailymail.co.uk/news/ar...-staff-refusing-pay-gratuity-bad-service.html

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

Out for dinner with friends and family, Jasmine Marks claimed that the service at La Fisherman was not of the quality that deserved the mandatory 17 percent gratuity in the bill.

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.

Speaking to the manager at the end of the meal, Marks was astounded as the restaurant demanded they pay the full 17 percent and eventually called the police reported

'We asked her, could the gratuity be removed?' said Marks

'Could we give our own tip?

'If you're not satisfied with the service, you shouldn't have to pay gratuity.'

Explaining that restaurant policy was inflexible, the manager locked the door and phoned local law enforcement.

'She was like, 'You have an unsettled bill and ya'll can't leave until you pay it,' said Marks.

'We paid our bill for what we ate, we paid the bill.'

Only questioning why the 17 percent was mandatory when it was a tip for service, Mark's tried to reason with the manager of La Fisherman.

'She said, 'That's fine. If you don't want to pay the gratuity we have the police outside,' said Marks.

'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.'

Jasmine Marks and her family and friends eventually paid the 17 percent tip to avoid further difficulties with the restaurant and the police.
 
So is it against the law in the USA if they don't pay the tip?. The cop wouldn't give them the answer, weird.
 
Don't the police have better things to do than deal with this absurd rule?. I am not sure if what this person says it's valid.

If the gratuity policy is on the menu. Then the parties of 5 or more ( or whatever the policy number is) are obligated to pay the added gratuity. The menu is basically a contract that you will pay a certain stated price for the item on the menu (ex. if a steak is $16.00 and you order it. you can't say after eating it that you are only going to pay $13.00 for it.)

The gratuity policy is also part of the contract (Menu ). If the party refuses to pay the added gratuity then that falls under the law of "defrauding an innkeeper".

My suggestion to parties that feel that they are not recieving the proper service is to talk to the manager DURING THE DINNER NOT AFTER WHEN IT IS TIME TO PAY UP. The manager can't fix the problem for you after the fact. And may see it as the customers way of getting out of paying the added gratuity, by complaining about supposedly bad service. I have made a very good living waiting tables for 34 years and I've seen all kinds of customers.Good, Bad ,+ CHEAP !

Read more: https://www.dailymail.co.uk/news/ar...g-pay-gratuity-bad-service.html#ixzz23vLpv31O
 
Niagara Falls has a similar issue. If you stay at any of the DiCienzo's properties (Sheraton on the Falls, Crowne Plaza on the Falls, Sheraton Fallsview, Marriott Fallsview etc etc etc....) you will find a "City tax" of 5% added to your bill. This is jokingly referred to as being the Dino Tax and not a tax at all. Sort of like adding a grat to the invoice in this case, I believe that if it was not disclosed at the onset then you don't have to pay.
 
If I am making reservations at a hotel or a restaurant, I always ask if there is an automatic gratuity, and if I am told there is then I hang up!

I will tip accordingly and according to the service. Yes, I understand, for many, it is the way they top off their minimum wage income; however, I do not receive tips or gifts at my employment and that's that.

When I travel to Latin America, I always take the small luxuries that hotel and restaurant staff enjoy receiving plus tip them well.

YOU WANT A TIP? GET A BETTER JOB, GET BACK TO SCHOOL TO GET A BETTER JOB, GET A SECOND JOB!
 
I always tip 20% or more. But when they put on the grat I leave just that and it better be before the taxes.
 
I always tip…to much sometimes, however I think the tips should be deserved not implied nor made mandatory.
If the server provides good service they should deserve a tip and bad service should not be rewarded.
 
I anyone locks me in a restaurant with my family. I will break every window or door to get TF out. Isn't that kidnapping?.
 
I wonder why the restaurant manager wasn't charged with forcible confinement?

I wouldn't pay in either case......take me to court, throw me in jail, whatever, you cannot force me to pay for something I didn't receive. In fact, I have a similar argument with cogeco. When I moved up here I signed up with them and got nothing but shitty service. My phone would cut out, my pvr wouldn't rewind then when it finally decided to, it wouldn't stop, etc etc. I complained repeatedly about it. They finally got the phone worked out (after 3 months) and never did address the pvr.

I bought a place and was moving. I said to the csr: I'm moving, and moving the service, if I have ANY of the pre-existing problems, I will not pay.

Sure enough, had problems. When I called to complain I was told that they wouldn't address the problems until I paid up, I said "I'm not paying for something that never worked properly from the beginning". They said "I might get a credit for lost use of service if I paid up". I said "BS, I will not pay, you can take me to court, you can take me to jail, you will NOT get a cent from me for services I didn't receive". Then I cancelled my service and they said there was a 30 notice period whereby I had to pay for the service for 30 days after I cancelled. I said "try it".

I received a few calls from a collection agency where I explained the situation and said to them "you might as well schedule a small claims court date now, because no matter how many times you call, I WILL NOT PAY".....never heard from them again.

As for the menu notice being a contract, I would like to consult a lawyer on that because depending on where the notice is placed, and how big it is, and how well it is explained, these all could be factors on whether a "contract" was agreed to, verbally or written. It would have to state explicitly on the menu something like "by ordering from this menu the patron verbally enters a contract to agree to all pre-existing conditions listed on the _____ of this menu".

Then the waiter would have to ensure that the patrons saw the notice, understood the notice, and verbally agreed to the conditions prior to ordering. If (and I can guarantee you this) he just came up and said "are you ready to order" I'd say any contractural agreement is null and void.

Further, both examples exhibit the shortsightedness of businesses these days. The amount of bad press they are getting from these news stories far outweigh the piddly dollar amount of the gratuity....

I tend to tip well too. I get into arguments with my parents all the time because they are shitty tippers. They came up here once and we went to lunch at a favourite spot of mine and on a $40.00 bill, they tipped $3.00....I said "please, she was courteous, efficient friendly and the food was great as always" I put down a $5.00 bill. My mother got all pissy and I said "listen, I eat here all the time and would like to come back, if you leave a loonie and a toonie, I won't be able to show my face in here again"......
 
T, I agree with you on the contract point. It doesn't make sense to me and maybe one of the resident lawyers can be of some help but if it isn't why on earth would the police get involved?
 
on a $40.00 bill, they tipped $3.00....I said "please, she was courteous, efficient friendly and the food was great as always" I put down a $5.00 bill. My mother got all pissy and I said "listen, I eat here all the time and would like to come back, if you leave a loonie and a toonie, I won't be able to show my face in here again"......

Well done Tboy. You never know what will be on the soup the next time you order it.
 
A tip (also called a gratuity) is a sum of money tendered to certain service sector workers for a service performed or anticipated. Such payments and their size are a matter of social custom. Tipping varies among cultures and by service industry.

Though a tip is seldom required, and its amount is usually at the discretion of the patron being served, in some circumstances, failing to give an adequate tip when one is expected is a serious faux pas, and may be considered very miserly, a violation of etiquette, or unethical.

In some other cultures or situations, giving a tip is not expected and offering one would be considered at best odd and at worst condescending or demeaning. In some circumstances, such as with U.S. government workers, receiving of tips is illegal.[SUP][1]

https://en.wikipedia.org/wiki/Tip_(gratuity)

AND

https://www.tripadvisor.com/Travel-g191-s606/United-States:Tipping.And.Etiquette.html

[/SUP]
If you strongly object to tipping, there is no legal requirement to tip any person in the United States for any reason, unless expressly stated in writing.

Tipping in the USA is something you get the hang of after you do it a while. After a couple of days, you'll be able to gauge when you receive stellar service, or whether someone is "phoning it in." If you are mistreated anywhere, you must inform a manager. Don't tip poor service - let someone know you were unhappy, even if you just leave a note to the server as to why there is no tip added to the bill.

General rule: 10% usually means you are very unhappy, 15% usually means all was ok, 20% for excellent, and 25% for outstanding.
Restaurants with table service: Tip 15% of the bill, based on the quality of service. If you receive exceptional service, 15-25% is customary. In major cities of the U.S. however, 20% is considered to be a "good tip".
 
If I was ever arrested for not tipping I would take it all the way to the supreme court and if I finally won, I'd sue the police department.
 
I'd point out to the cops that it's actually a civil matter and tell them to sue me.
It's a disagreement about the tip, not theft of the meal.
 
I'd point out to the cops that it's actually a civil matter and tell them to sue me.
It's a disagreement about the tip, not theft of the meal.

that's a very good point there jesus........you're not actually stealing anything and in both examples, the people in question did pay for the goods they received.

(puts a big gold star next to jesus's name lol)
 
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