Posted on 05/03/2012 7:01:25 AM PDT by Morgana
A family says that a Houston seafood restaurant locked them inside and called the police after they refused to pay a gratuity.
(Excerpt) Read more at news.yahoo.com ...
that being said...I know some states have said (I don't know about Texas) that the "mandatory gratuity" is not legally binding...and if patrons really wanting to have push come to shove...they would win.
You CANNOT legally charge someone gratuity. Now...you could charge them a convenience fee...or call it something else...but you can't make them tip...and many states have said this...its just that most patrons won't fight the issue.
> I am against gratuity tips! It is my option to tip or not to tip. Lousy service does not warrant a tip!
Unfortunately the labor laws have a very low wage for waitresses and waiters. Frequently they only get a couple of bucks per hour, so not tipping really cutsinto their earnings.
—Well, in that case—I suggest refusing to pay, brandishing the gun, pistol-whipping the chef, and exposing myself to the patrons, before kicking out the door and escaping.—
Well, All I can add to that is pissing on the salad bar. I’d do that first.
Regardless of the belief about tips, no one has the right to kidnap another over money. If someone owes someone money you are claiming they have the right to take them hostage. Don’t think so.
If anyone is stealing money it is the restaurant. They claim they have the right to a tip regardless of the service performed, service which usually sucks in larger groups. I NEVER attend a restaurant that demands a tip on larger groups when I am in a group. We’ll simply go to individual tables or get separate checks.
And restaurants wonder why their patronage is dropping.
She said it was part of their policy and there was nothing she could do about,
***I hear that a lot, as if by using the word ‘policy’ means the end of conversation on a matter. Looks like they won’t be using such a stupid stance when they’re staring down the end of a lawsuit for kidnapping.
I guess I must be stupid. Is it easier to serve 6 different people at 6+ different tables with 6+ separate checks, than to serve 6+ people at a single table with a single check (or even multiple checks)?
Same meals, same menu, same prep, same drinks - they are just condensed into a tigher space. If 25 people require more support, then you adjust your wait staff to accomodate. It isn’t rocket science.
Seems to me, that a group of 5+ is much easier, requires less legwork, less paperwork, less space and less confustion than individuals.
Now, a resturant is free to have any policy they want; however in my experience, the number of people at a table is not “clearly written on the menu”, it’s usually in small print at the bottom of the menu. It’s on the menu, but specifically designed to be over-looked by the casual observer.
My policy is simple - my wife and I often agree on a tip, and as tips go we are in the 15-40% range. Our policy is this - if there is a minimum tip, that’s what they get. If they don’t force the issue, we often tip more. But, for this we expect a few basic services, like not having to track our servicer down to refill our water/soda.
They forgot that whole “the customer is always right” thingy. I wonder how much business they will lose over this one gratuity. Stupid (on both sides).
Papa's Seafood or Papadeaux; there isn't anything on the menu that isn't stellar; and they set the bar on service. I've never had a finer dining experience than any of the times I've eaten at one of their establishments.
“Do you consider it kidnapping if one is cuffed and detained by store security if one has shoplifted?”
I don’t shoplift and I’ve never had a rent-a-cop try to cuff me. However, it would go very badly for one who tried. Both for him personally at the moment and him, his employer, the store manager personally, and the store chain later in court.
People are not kidnapped if they:
enter an establishment of their own free will.
observe a written policy that parties over a certain size have a mandatory gratuity.
order from the menu
eat a meal
refuse (initially) to pay the gratuity.
None of the above constitutes any definition of “kidnapped”, legal or otherwise.
The restaurant also has the responsibility to deliver all the food ordered to the patrons in a reasonable manner, that is part of the contract offered.
Failure of either party to fulfill the contract is fraud.
If the restaurant failed to deliver all the food ordered, they initiated breech of contract, and the issue must be decided by the police and the courts.
I once had a similar experience at a movie theater that did not show the film they advertised and would not refund my ticket price. The local cop told the theater manager that he had a choice, refund in cash or go to jail for fraud.
50+ years ago my high school teacher said TIPS once meant “To Insure Prompt Service”. Of course it should be “Assure” rather than “Insure”. Then it would be TAPS. Which is probably what should be played at more and more restaurants these days.
“I truly think customers will stiff the waiters far more often than the waiters give bad service.”
Yes, you are exactly right. Just read some Yelp reviews, a lot of people go into restaurants with unrealistic expectations, or looking for any little detail to gripe about, so they can rationalize to themselves why they don’t need to leave a fair tip. I can count on one hand the times I’ve actually received bad service in recent memory.
Well, if they were ‘Brits’.........
‘they were “Jamacian Brits”.
Why? The restaurant has no lawful authority to “detain” anyone. You are well within your rights to resist someone falsely imprisoning or kidnapping you.
Still LOL.
If you attempt to walk out of a department store with merchandise unpaid for, you can expect to be detained by store security. Is that kidnapping as well?
Tell me how the scenarios differ.
How many checks were given. It’s only a party of 5 if only one check was delivered for the entire group.
The minimum number for the auto tip to kick in, or even the appropriateness of same is a different question.
I’m with you. If the tip is auto applied at a specific percentage, that’s all they get. I routinely tip higher than than number when it is my choice. Rarely less than 20%.
Funny.
I wasn’t asking necessarily if you specifically were shoplifting.
Do you think that shoplifters should or should not be detained? And do you consider that kidnapping if a store detains a shoplifter.
And then tell me how detaining someone who is trying to leave without paying their full bill is different.
The standard is:
0% for horrible service and catastrophic experience.
10% for sub par service
15% is the standard for your did you job but nothing special.
20% is when something special is done/accomodation and pleasant waitress waiter.
20% as standard is pushed by the Restaurant Association in order to lower the hourly wage part paid to waitresses and waiters. IOW a net zero.
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