Family Detained in Restaurant Because They Objected to Mandatory Tip
Many, many restaurants have a mandatory gratuity for large parties, and it seems that as the practice of automatically adding a tip for big tables is becoming ever more common.
And it seems as more restaurants begin to add mandatory tips to their policies, the parameters are shifting ever so slightly. In recent years, it seemed the aim of the policy was clear- to prevent large parties from monopolizing a server’s section for the evening and then stiffing the waitress or neglecting to remember a tip in calculating individual shares. But in recent years it seems that the number of people constituting a minimum party number has begun to decrease while the tip amount has increased from the standard 15% to up to 25% in some restaurants.
But what happens in the instance of truly shoddy service, like when the waiter fails to provide even a minimum of customer care? One family dining at La Fisherman restaurant in Houston, Texas tells local press that during a recent dining experience gone awry, they were detained by staff after objecting to a mandatory 17% gratuity for parties of more than five.
Diner Jasmine Marks says that the manager at La Fisherman fell back on the “nothing can be done” reasoning, as if an automatic tip is something akin to tax that cannot be removed from a bill- which makes you wonder what the restaurant does if a dish comes out under or overcooked. Marks explains:
“We asked her, could the gratuity be removed? Could we give our own tip? She said it was part of their policy and there was nothing she could do about… If you’re not satisfied with the service, you shouldn’t have to pay gratuity.”
What’s worse is that Marks says that a local police officer indeed arrived, and sided with the restaurant:
“She said, ‘That’s fine. If you don’t want to pay the gratuity we have HPD outside… 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.”
When contacted by local press, the manager that was on-duty at La Fisherman admitted that in the past, the joint has called police to enforce their mandatory gratuity rule… perhaps some new hires are in order?
Tags : dining, jasmine marks, la fisherman houston, mandatory gratuity, mandatory tipping legal, mandatory tipping policy, restaurants, tipping
Posted: May 2, 2012
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May 2, 2012
fuck them tips that's why they work.
May 2, 2012
I tip accordingly….if the service is good,, they get a good tip..if it is not good..they don't get a good tip. If I go to a restaurant and they add the tip to my bill…it is the last time I go there.
May 2, 2012
The dictionary defines gratuity as: "something given voluntarily or beyond obligation usually for some service." VOLUNTARILY! A manditory gratuity is an oxymoron!
May 2, 2012
Somrthing seems so wrong about that.
May 2, 2012
Tips should be given in accordance with the service that they provide. I think it is giving the server the permission to treat a table shoddy when they know that no matter what they are going to get a 15 – 20% gratuity. I think this restaurant in Houston needs new management and guidelines.
May 2, 2012
So finish the story, please. Did they get arrested? Did they pay the "tip"? Is it really a tip if its mandatory?
May 2, 2012
I'm with Candace – that's the last time that restaurant would ever see a penny from me. And furthermore, friends don't let friends get robbed – I'd spread the news of how I was treated far and wide. Word of mouth advertising IS the most effective…………………..especially the negative kind.
May 2, 2012
bad advertising for the restaurant,,, i wouldn't go there just for the principle,,, i tip according to service and I am a good tipper,, i work for tips,,, good service,, good tip,, bad service less tip,, i think the restaurant was out of order,, with no concern for the customers reasons,,,
May 2, 2012
They should be expected to give a tip if the service they recieved was not good. I was a waitress for 10 years and I don't think a tip should be added on to the bill. That should be up to the customer.A tip is a gift given for a service well done.
May 2, 2012
I've worked in a Resturant & what is done w/large group is that they r informed how much gratuity will be charge b/4 hand this way everyone is on the same page & is in agreement b/4 service has begun…
May 2, 2012
Remind me not to go to La Fisherman….lol. What a joint, no one should HAVE to tip , and the Police go along, wonder if they are getting kickbacks? Hope that they called someone and that something is done about this….terrible.
May 2, 2012
I meant to say not expected to give a tip if the service was not good. Sorry!
May 2, 2012
Tips are gratuity and not mandatory. You can not hold a person against their will, this is not a law it is a policy. Holding a person against their will is illegal, if they have cause to arrest then they should arrest. But they can't, because again it is a policy not a law and as for the cops, they should have to pass a logic and reasoning evaluation. Seriously.
May 2, 2012
As a restauranteur, I find it absolutely horrific that this kind of policy exsists, let alone is enforced. I had a server that added her tip to a large bill only once (without my knowlege or approval) and promptly let her go. A gratuitity is just that. It's unfortunate that some servers (and managers) see this as a guaranteed "extra" income stream, and also unfortunate that some people choose not to reward good service. If the service was lacking in my establishment, I would hope the guest would inform me, so I could improve things. Seems like a good reason to boycott this particular establishment. (Also, detaining people is grossly illegal, and could be considered a kidnap charge).
May 2, 2012
Boycott the restaurant! Make sure all of your friends and anyone else you can tell knows. Also, If this is a franchise, contact the company owner.
May 2, 2012
Boycott the restaurant! Make sure all of your friends and anyone else you can tell knows. Also, If this is a franchise, contact the company owner.
May 2, 2012
Well, I'm never going to THAT restaurant. If I was that family I'd start a public relations mini-crusade. And as far as that pig is concerned, his a$$ needs to be put on desk duty for a good long while until, at a minimum he understands what it means to enforce the LAW, not to enforce some business owner's ridiculous policy. The only crime being committed was false imprisonment of the family by the restaurant staff.
May 2, 2012
the easy way to fix this is PAY the server! In other countries they don't have tipping problems because the servers are paid a good wage. Here we have allowed owners to pay way under minimum wage and say " well they will make it up in tips ". Don't get me wrong I always tip 20% because I know what its like.
May 2, 2012
the easy way to fix this is PAY the server! In other countries they don't have tipping problems because the servers are paid a good wage. Here we have allowed owners to pay way under minimum wage and say " well they will make it up in tips ". Don't get me wrong I always tip 20% because I know what its like.
May 2, 2012
The problem is that there are so many jerks that don't tip and screw their servers. Most of these servers, by the way, are getting taxed on those tips weather they recieve them or not. I have no problem with a mandatory tip!
May 2, 2012
Don't get me started on gratuities. I have my own opinion of them. I don't get a gratuity for giving a patients pain medicine in a timely manner or giving great care that went above and beyond my duty. It is expected and why I chose this field. As you said, it is a voluntary gesture on how well service was to an individual.
May 2, 2012
Well in a sense it sounds that way. They sided with the restaurant. That is not right. I don't care what the policy is, it isn't a legal reason to detain you in the restaurant. Guess you can tell this make me a tad bit indignant.
May 2, 2012
I agree, Mike. I wish employers would raise prices and pay their staff. It's not right that the consumer is responsible for paying the staff. Raise prices…at least the staff will definitely get paid! There are too many ppl who are too cheap to pay a penny extra.
May 2, 2012
I agree, Mike. I wish employers would raise prices and pay their staff. It's not right that the consumer is responsible for paying the staff. Raise prices…at least the staff will definitely get paid! There are too many ppl who are too cheap to pay a penny extra.
May 2, 2012
TIP = To Insure Prompt Service.
May 2, 2012
TIP = To Insure Prompt Service.
May 2, 2012
Ok… I'm off my soap box now. whew…that felt good.
May 2, 2012
Ok… I'm off my soap box now. whew…that felt good.
May 2, 2012
I worked as a server at Disney an their policy was 17% on parties of 6 or more but those parties were informed when they were seated and did have the option of not paying it but management had to be informed. I think that the gratuity does not get added on the ckeck until the server adds it in themselves so those people could have not added it to their check. how stupid to call the police for this unless they were having a brawl.
May 2, 2012
I worked as a server at Disney an their policy was 17% on parties of 6 or more but those parties were informed when they were seated and did have the option of not paying it but management had to be informed. I think that the gratuity does not get added on the ckeck until the server adds it in themselves so those people could have not added it to their check. how stupid to call the police for this unless they were having a brawl.
May 2, 2012
Cheryl, I think I love you when you are on your soap box !
May 2, 2012
Amen, Bob. Pay the server a decent wage and this problem goes away. I always tip 20% as well, having been a bartender and a waiter in my life.
May 2, 2012
Well the way I look at it, restaurants should not ever be allowed to FORCE someone to pay a tip….. if you are a poor waiter/waitress then you're not getting squat from me, I don't care what gratuity guidelines are….. if you're so worried about people not wanting to pay gratuity then I would suggest hiring people that do their job instead of teenagers that act like assholes while servicing customers!
May 2, 2012
Federal minimum wage for a server is $2.15 per , varying by state it may b slightly more. Thats because a tip is expected. I am a "subcontractor" for the restaraunt technically. would u work for someone without being paid? Or even on the subjection of how someone feels?
May 2, 2012
The only thing I have to say is that if the wait person deserves a tip I give it… if not I don't. I waited tables for over 25 years and even though I was taxed on a percentage of my sales I NEVER expected a tip. But if good service is given and people don't tip because "they don't believe in it" then that is wrong. Goes both ways. But rememeber that waitperson will be paying to serve you and that is not fair either.
May 2, 2012
Matt Parker – The problem w/that thinking is that alot of waiters and waitresses don't get paid the salary you do. They get like $3.00 an hour. They depend on their tips as their income because the reastaurantds are allowed to pay servers much less than the minimum wage. My son is a waiter while going to school and it is amazing how many times they get stiffed. Not because of bad service either. If people don't want to tip they should not go out to eat and be "served on" all night and leave a couple of bucks on the table. This happens more often then not. I don't like the automatic tip but I never paid 25%. I just wouldn't go back there again there are loads of places to eat!
May 2, 2012
Matt Parker – The problem w/that thinking is that alot of waiters and waitresses don't get paid the salary you do. They get like $3.00 an hour. They depend on their tips as their income because the reastaurantds are allowed to pay servers much less than the minimum wage. My son is a waiter while going to school and it is amazing how many times they get stiffed. Not because of bad service either. If people don't want to tip they should not go out to eat and be "served on" all night and leave a couple of bucks on the table. This happens more often then not. I don't like the automatic tip but I never paid 25%. I just wouldn't go back there again there are loads of places to eat!
May 2, 2012
There are so many legal issues here, first padding a bill, isn't this just like extortion? Then you are called a family with children a party of 6? A 'party' is generally when you have several adults and multiple tickets. Second, holding them there, really! I would have just left the money on the table and left then they would not have known that I didn't pay their blood money till my ass was out the door, but then to have an officer outside. How convenient was that. I certainly hope that these people call a lawyer and see if this is not a case of police brutality or abuse of power. There is NO law that I could find on Google stating that you HAD to pay a tip. The only good thing is knowing that now that this story is out this restaurant is basically toast!
May 2, 2012
There are so many legal issues here, first padding a bill, isn't this just like extortion? Then you are called a family with children a party of 6? A 'party' is generally when you have several adults and multiple tickets. Second, holding them there, really! I would have just left the money on the table and left then they would not have known that I didn't pay their blood money till my ass was out the door, but then to have an officer outside. How convenient was that. I certainly hope that these people call a lawyer and see if this is not a case of police brutality or abuse of power. There is NO law that I could find on Google stating that you HAD to pay a tip. The only good thing is knowing that now that this story is out this restaurant is basically toast!
May 2, 2012
If the server gave proper service a tip should be given, but if the server doesn't do good service they shouldn't be tipped a minimum for service that wasn't up to par. I waitressed many yrs and lived on my tips and know how important they were to my income. So I made sure everyone was happy and didn't have any complaints. I made good money and never complained if the tip wasn't good enough. who knows they may not have enough for the tip the restaurant is demanding. I just find it wrong to demand a spacific amount
May 2, 2012
If the server gave proper service a tip should be given, but if the server doesn't do good service they shouldn't be tipped a minimum for service that wasn't up to par. I waitressed many yrs and lived on my tips and know how important they were to my income. So I made sure everyone was happy and didn't have any complaints. I made good money and never complained if the tip wasn't good enough. who knows they may not have enough for the tip the restaurant is demanding. I just find it wrong to demand a spacific amount
May 2, 2012
lol i did have one customer who was so rude i did dump coffee in his lap hahaha, and his wife was so happy i did it that she tipped me 20 dollars and told my boss i did exactly what he deserved hahaha
May 2, 2012
I tip when the service is good and I don't tip when the service is bad. Someone should call the cops on me I guess.
May 2, 2012
Robert, you got it. Who is so dumb they don't know how this works? If you don't want to tip stay home and serve yourself. I don't like the automatic tip but I've never been anywhere that I didn't know it. This place sounds like a dump – don't go again folks.
May 2, 2012
Matt Parker I'm quite sure you make more than minimum wage if you are administering pain meds to a patient Hope your bedside manner is better. These people work hard and get paid peanuts. Yes, good service comes into play but they also get the wrong end of the deal at times. One bad apple….
May 2, 2012
Pay the servers the same way you pay everyone else. Tips are a choice. Most good servers make good money, those servers who don't make as much don't work as hard. Either add the tip onto everyone's bill or no one's. 1 picky ass customer can be as time consuming as 5 nice ones, and they almost never tip.
May 2, 2012
Carol Olson I did that too it was bar rush and the guy wouldn't hold his coffee cup still so i just poured as he kept moving the cup right in his lap and on the edge of the table just to keep dripping on him they did end up giving me a nice tip and apologized to me and he said it wouldn't happen again
May 2, 2012
Jennifer Conca Ryan – Well Jennifer, if a person depends on that gratuity for their income don't you think they'd get the butt on the ball and earn it? I was a nurse for many years, excellence was expected and given, that's what education helps you to understand. You earn what you work for. It reallly is a simple concept but so many people without education above HS don't understand that. After all, mom and dad gave them their allowance even if they did shirk their chores, why should it be different now?
May 2, 2012
I am always sure to leave a BAD tip to let the waitress/waiter know their service was sub-standard. If they earn a good tip, they get one.
May 2, 2012
TIP means To Insure Prompt service and in the beginning was given at the start of the meal.
May 2, 2012
as a former deliver driver for pizza hut, I had to constantly explain to customers why there was a delivery charge and then why they should leave a tip. The delivery charge was to pay the deliver drivers gas and the tip was to make up the the difference in pay to make it to min. wage. some nights when I was busy I would make an average of $12 and hour between the delivery charge and tips and my hourly wage. Now I'm not against leaving tips for good service but If I have to wait more then 5 mins to wait for a refill after my glass as gone empty then they lose there tip from me.
May 2, 2012
If you don't want to work for minimum wage or less, look for employment elsewhere! We all work hard for our money and we should not be forced to give thanks for poor service. It is called "gratuity" not added income for servers. For those of us that eat out frequently, a 15% – 20% gratuity for poor or lack of service is not mandatory. On a few occassions, I've walked out of a restaurant leang a 5% tip generously given for extremely bad service.
One way to remedy this is by asking for separate checks.
May 2, 2012
As a server for 20 years, I can honestly say there are good and bad tippers. The good make up for the bad-it all comes out in the wash, whether you add the tip or not. A simple verbal reminder, as your group has seated, gives that group the option to knowingly accept the added grat or they may leave the establishment. A little communication goes a long ways. Furthermore, customers who have the need to spread their negativity, 9 times out of 10, probably aren't telling the whole truth. If you are a customer who has an attitude about tipping, maybe you should consider staying home.
May 2, 2012
I just usually leave a card that says, "You want a tip? Don't f*** with me!" Is that wrong? Is that why they spit in my food so much?
May 2, 2012
I agree. As a server, I don't believe there should be a percent amount, nor do I believe that the server should expect a tip automatically. The server should have to earn their tip. I treat all customers the same, some of my best tips have been from people who look like they wouldn't have two pennies to rub together.
May 2, 2012
Diana Petersen Whoa! That's ridiculous not to mention uncalled for! A lot of these people may not have been afforded the opportunity to pursue a higher education. Get their "butt on the ball"? Mom and Dad pay for your education? I'll wait for a response before I let 'er rip.
May 2, 2012
I own a restaurant and I absolutely object to a mandatory Tip! It makes me angry that anyone out there could actually require a person to pay a tip. If we do our job and people think we deserve a tip that's wonderful. If we do not do our job we don't deserve a tip. At the same time there are people that splurge and go out to dine and can barely afford to pay for their meal… and I am going to require that they give me a tip…I think NOT!
May 2, 2012
Restaurants should not be allowed to pay sub standard wages so that the employee depends on tips. Again…I own a restaurant…I pay more than minimum wage and if my employees get a tip …its because they deserve a tip.
May 2, 2012
i never got an allowance i paid for my collage education by working as an waitress. i worked for a TA and i only got $2.75 and we had to claim all the tips we had if we made a lot in tips what they paid us was a lot lower. but i dont think make people pay sub standard wages. if your not a good waitress then you dont deserve a tip but people also need to think about the waitress cause you are not the only table they have at any given time they can have 1 to 25 tables you have to take orders for.
May 2, 2012
Cop or no cop, the restaurant doesn't have a leg to stand on; as long as they call it a gratuity. Of course, I can solve this very easily….I would eat elsewhere.
May 3, 2012
I couldn't agree more.
May 3, 2012
@Jennifer Conca Ryan, what rock do you live under? Standard practice for terrible service is 2 pennies under a glass turned upside down. I absolutely WILL NOT pay for terrible service. Mellow Mushroom in Asheville, NC tried that crap with a friend of mine. We had stopped to get something to eat and she had just enough to pay her part of the food, but no tip, I had no problem with that and was going to pay my own tip. The waiter asked her if she wanted to leave a tip on the receipt, she said no because she knew I was going to pay the tip. Before she could even say that part, he lit into her with a, "Well, I thought I gave excellent service and if you're not going to give a tip, then you had no business coming out to eat." I looked at him flat and said, "I was going to give you a tip, but because you just spontaneously decided to be an ass, you'll get nothing, not even 2 pennies." He detained us to go get a manager and I told the manager, you try and detain me and I will have an attorney so fast and have this place shut down within the year. I had thousands in the bank at that moment. Explained to her what happened, the manager quickly turned her tune and fired the waiter on the spot. I also received an option of a free meal on next return, I refused and said I would no longer dine in that restaurant. Just because a waiter or waitress makes only $3 an hour, doesn't give them the right to expect a tip, a tip is given on their performance in ALL matters.
May 3, 2012
Wellingtons in Johnson City, TN tried the same stuff. The waiter did not know any of the food on the menu, the food was only mediocre, and he did not refill any glasses. There was a mandatory tip that was not advised of at the beginning of our visit and we clearly told them several times it was our first trip there. Low and behold, end of the meal I received a check for the food and a mandatory 20% gratuity, there were only 2 people, myself and my husband. Needless to say, the gratuity was removed. They also did not want to honor restaurants.com vouchers and tried to claim they had never allowed restaurants.com to use their restaurant. BS, I wouldn't have the voucher if I didn't get it from restaurants.com. They honored the voucher when I was finished. They're still trying to fix the ramifications of their actions with me. I don't expect free things, but I do expect restaurants to honor their obligations. After all, I've had to get ready, drive probably 10 – 15 miles on $3.69 per gallon of gas, wear and tear on my vehicle to come and enjoy a decent meal. I'm not a picky person. I don't ask for unique items and I'm versatile if something is seasonal. I do not want service scrimped on.
May 3, 2012
Diana Petersen This says to me that you decide if you have enough money left over to compensate a hard working individual in a restaurant of your own choosing, yet you obviously ooze disrespect for the occupation. You have a complaint, relay it to management, don't wait until you are finished with your meal to jack an individual of an honest days pay. I realize that my response doesn't answer the question at hand, but I had to reply to you due to my finding your answer to be a part of what is wrong with society today. Okay, now I forgot the question! Hahaha
May 3, 2012
We went to Huck Finn in Piegon Forge, TN. There was 6 of us, two checks with 3 each, place was almost empty, they got stuck with $6.00 on each check for minimum service. I will never go back, I tried to email business 2 times they did not care never responded. I make sure everyone knows about it.
May 3, 2012
We go there quite a bit, but I don't ever remember a mandatory tip. There are usually 5 of us.
May 3, 2012
You should be able tip accordingly…ONLY if the tip is bad. I know Oprah said to cut your costs of going out is to only tip 5% – which is complete BS. If you can't afford to tip, you can't afford to go out. period. how are the waiters and waitresses supposed to survive? Now, like I said, the service is horrible, talk to the manager, let them take care of it, but don't wait until the END to complain when you see the bill….SAY IT WHEN IT HAPPENS. why should someone believe you when you only complain when you see the bill?
May 3, 2012
Jody Long we went for my birthday, that was where I wanted to go and Jared & Nick got stuck with the tip added to the bill. I felt bad since i picked the place.
May 3, 2012
PS : How would YOU feel if you got paid on how you worked day by day, adn every day was different? Especially after dealing with the o so wonderful public, then they don't tip, and you go home with only a few $ in your pocket, but still had to kiss stuck up butt all day? Just saying.
May 3, 2012
Matt Parker and how much do you make per hour? A server makes 2.13 an hour I personally think restaurants should just increase prices 20% and pay servers 20% commission for what they sell. I've had people stiff me because their food took a long time like I cook the food even though I refilled their Dr. Peppers (a family of 4) 5 times, they got their food and ate it all but the kitchen did take 18 minutes. And Matt Parker you must be a nurse, nurses are as a whole some of the worst tippers and they treat you bad too. Not all of them but most of them.
May 3, 2012
If you don't want to give a tip, you should be treated like dirt at restaurants. Just because it's a GRATUITY, doesn't mean that the person worked less hard trying to make it. That's how they pay their bills. And by the way you said it, it sure seems like you're the one that needs to be SERVED and if people don't meet your standards, you just don't tip. Especially on large tables, GRATUITY is a necessity. Not only is the waiter serving YOU, they're serving 5 or more people, and what if there are kids around? Even more so, and have to clean after them. Just because they don't have the "amazing" job as you, doesn't mean they don't work hard.
May 3, 2012
hopefully you pay your servers accordingly then. Because MOST restaurants make you share your tips with bus-boys, even if they don't receive one, they have to pull it out of their pocket, and usually make under minimum wage because the states allow the restaurants to claim that the tips are part of their hourly pay. Then pay taxes out of their ppaychecks for the tips they MAY OR MAY NOT receive.
May 3, 2012
I would agree that there should be a "suggested tip" with larger groups, because I have seen people demand all of a servers attention and leave a dollar each (thinking the next person is tipping larger). I do believe it is a bad policy to force tips, though. I worked as a waitress during college and prided myself in getting good tips because I gave good service. In the long run, it needs to be up to the patron.
May 3, 2012
must be something new. We were there in Dec. and they didn't do that to us.
May 3, 2012
Obviously people don't understand serversz don't even makeminimum wage I've seen amazing servers repeatedly stiffed because people are cheap if u can't afford to tip or don't like it go to mcdonalds or pay the servers unemployment with our taxes
May 3, 2012
Obviously people don't understand serversz don't even makeminimum wage I've seen amazing servers repeatedly stiffed because people are cheap if u can't afford to tip or don't like it go to mcdonalds or pay the servers unemployment with our taxes
May 3, 2012
Marie Killian-Contreras Applause, applause.
May 3, 2012
Marie Killian-Contreras Applause, applause.
May 3, 2012
Matt Parker You also make more than minimum wage and don't pay taxes on tips whether given to you or not. Where it is not mandatory to tip it is still mandatory to pay taxes on a percentage of your sales whether you got the tip or not.
May 3, 2012
In OTHER countries?! In other countries you may get your hand cut off for stealing! Let's not go there. Imagine a handless waitstaff. No offense to anyone in this craft, but as I said earlier, one bad apple…..
May 3, 2012
That's terrible! I would never, ever go back to that restaurant again. I always tip according to the service I get. That's what it's supposed to be for. If I get bad service, I give a bad tip. If I get good service, I give a good tip. Anything that the waiter or waitress does extra to make my meal exceptionally good. I give an exceptional tip. It's not supposed to be a mandatory thing. Good grief.
May 3, 2012
I agree Amy. They need to look up the definition of tip… not manditory!
May 3, 2012
Matt Parker Another problem with that is it is not always the servers fault. If the cook makes a mistake the server is the one who not only goes without a tip, they have to deal with irate customers. I would love to see the people who are the most demanding try to serve a few tables in a busy restaurant. They might
change their tune.
May 3, 2012
As a Restaurant owner I still don't understand why these Restaurants don't have to pay their employees at least minimum Wage. Does it make sense that they basically have slave labor, while they are getting all the profits from their business, and you the customer are paying their employees wages? A good employee should be PAID a decent wage. A good and Talented Waiter or Waitress deserves a tip…it's all about Customer Service! Making someone give a tip regardless of service is just another handout..like our Government loves to do.
May 3, 2012
Diana Petersen do you live in a bubble??????????????? do you not realize that not every person in teh world has that opportunity to go to school or get that job??? have you not seen what is going on around the US? Do you not realize how much money it costs to go to school?? And guess what, I go to school FULL TIME, work FULL TIME, am a MOM and a WIFE of a husband who is a server, supporting ME and MY dream first. So because I work in Customer Service, and don't get paid extra to deal with people like you, doesn't mean everyone should. My husband gets paid "extra gratuity " as you call it to SERVE you, but if you don't feel that he meets your standards, we may not be ale to pay my school bills that week. And WHY? Because that fits our schedule instead of having our kid in DAYCARE and BABYsitters all day and night. THINK ABOUT IT!! Not everyone has the same opportunities, and maybe what we're doing what we can to survive right now. Maybe you should get your head out of your butt ( which must be uncomfortable from sitting on that ball for so long and riding that high horse) and realize this.
May 3, 2012
I note that she did NOT say the service was bad.. so WAS the service bad or is she just a cheap-sk8 with bad manners?
Yes I agree the police getting involved is a bit over board. sheesh.
May 3, 2012
If you are against tipping in general, then I say go to a fast-food restaurant. In other types of restaurants I usually tip 15-20%. If it is bad service or the food is below par I do share that. If they attempt to solve the issue I leave a decent tip, if they don't care about customer satisfaction then I don't care if I tip well. Last time I had a bad experience I complained, they offered me $2 off my order. Though I still tipped my waitress decently, I wasn't pleased & no longer eat at that restaurant. And I have spread the word about how they treat customers.
May 3, 2012
I agree with you Amy!!! My wife and I stayed at a hotel in Minneapolis this weekend. For room service it was 18% gratuity + $2.00 for a delivery charge. So for 2 omelets, 6 pancakes, some toast, 2 juices. The bill was over $61 for a guy to carry the food up to my room and the food wasn't very good!!!
May 3, 2012
I agree about tipping, but I reserve the right to decide myself how much.
May 3, 2012
Well, they could have stood firm and not paid and then the police would have done a false arrest, which is illegal and cha ching. The family could have made money in court for plenty of future tips, lol.
May 3, 2012
These people make $2.30 an hr and the rate hasn't changes in 30 yrs. If you go anywhere overseas the 20% tip is mandatory and added to your bill. If you don't get a tip, the job is NOT worth it. Besides, not everyone has the same idea as to what good service is, it's very subjective. A lot of people are really cheap and stiff the servers all of the time. I bartend part-time and more people don't tip than those who do and it's not because I don't provide excellent service.
May 3, 2012
Marie Killian-Contreras, my servers ARE paid well, and they are covered for Workmans Compensation, and Employment Insurance by my company, ensuring them coverage if they become injured, or unable to work. They bus their own tables, and will (when they feel generous) share with the kitchen staff (NOT the management). Their tips are their own, and frankly, I know very FEW (dispite encouragement) that pay ANY of their taxes on their gratuities (which are NOT considered a part of their hourly wage).
May 3, 2012
As a bartender, I think all of you people against this should stop going out to eat if you are going to be cheap. That's why there are fast food restaurants. I can't tell u how many times I've given great service to parties of 10 or larger with bills that well exceed $200.00 and have only been tipped 20 or 30$. We have to pay taxes on every order paid for with a credit or debit card. Most servers checks are void or less than 20$ because of this. The whole time a large party takes up multiple tables I could have turned those tables 2 or 3 times. Think of it as a table rental fee. Again if you can't afford to tip then stay at home or move over seas where tips aren't the main source of your servers income. If you get bad service write a review, don't be a dick and make the server pay taxes and tipouts for your 2 hour party.
May 3, 2012
god you always say exactly how i feel… i pretty much waited tables for the past 10 years until recently and i made damn good money… but i worked with some girls that barely made minimum wage if you averaged it out…it all depends on the attitude and the service you give… and if i go somewhere and my waitress sucks the only tip i leave is a note on a napkin saying if you were a better waitress this would be a different kind of paper
May 3, 2012
people need to realize they work for less than half minimum wage but put up with aholes and divas all day. And if they only knew w.at they endure behind the scenes! ! My son served for yrs. I bartended in Boston in the 80s. Catch the movie ''WAITING''
May 3, 2012
If you leave people laughing and they cant help but like you because youve worked hard for them and actually treated them as though you really appreciate their business then they will tip you and tip you well , occasionally you get someone who is just broke and socially ignorant and you get stiffed but that's 1 out of a 1000 and it happens laugh it off and roll on , but the mandatory thing bullshit! your obligation in a reataurant is to pay for what you have eaten or drank? drunk? even if you order something and send it back untouched you don't have to pay for it , if you eat more than 40 % of it then yes you are obligated but no you cannot be sent to jail for stiffing a waiter or waitress , especially since the notification of said gratuity comes at the end on the receipt , what they should have done when the trouble strated is insist the manager give them another service , or just gotten up and left before the food came.in lieu of that I would have payed every penny of the BILL minus the gratuity and if necessary I would have taken the ride to jail , and then sued EVERYBODY the restaurant , the manager , the police for false arrest , and.
May 3, 2012
haha! I've been there done that! I've waited tables and I made VERY good money….. I mean seriously if you're rude to people when they're out trying to have dinner or lunch, then why should you get tipped for it?!?!? It pisses me off that restaurants do this to people when a tip is considered a gift, if it is MANDATORY then it is no longer a gift……. and if a restaurant does this, then I feel they should have to put a sign up on the door saying "gratuity" added into bill instead of surprising people with money added to what they're already paying, that is RIDICULOUS!!!! I mean, I know people make their livings doing this and most of them are paid next to nothing by the hour, but if you want your money then you need to do your job and earn it! And I'm also aware that there are rude people who would skip on a tip no matter how nice you are to them but 80 % of the customers I've had ALWAYS left a pretty nice tip!
May 3, 2012
If a tip is meant to be a "gift" for a job well done, then maybe servers shouldn't make only $2.65 and hour (Michigan) and be forced to rely on tips to make minimum wage. Tipping itself shouldn't be optional, but the amount one tips should be left to the customer's discretion (within reason), and reflect the quality of service they feel they received. I don't believe a high gratuity should be added to bill, but I do believe there should always be a minimum which should be enforced, and if the service exceeds the customers expectations, then a "voluntary" additional tip should be given. But until something like that is enforced, or minimum wage for servers is raised, a tip should never be considered "voluntary" at a sit in restaurant. Sadly, servers must rely solely on their customers to pay their wages (through tips) for their service, because the company will not. Until a new system is enforced, if you don't want to tip, or can't afford to, don't sit in at the restaurant, take it home, because you wouldn't like being forced to work for below minimum wage either.
May 3, 2012
I disagree. If I'm in a party and our food, service and waiter sux you're lucky I'm paying the bill period. You gotta earn your pay. It's gratuity not a fee… I'm not gonna be gracious to a shitty server or establishment. I'm a generous tipper when it's earned.
May 3, 2012
Umm…$4.67 in Fl and that's an increase from 4.29 approx. 8 mos ago.
May 3, 2012
well it could be much worse… in Europe the Europeans do not tip or tip big at all n their taxes are way much more than what we pay. Sometimes u just gotta be grateful if they do tip.
May 3, 2012
Also in europe they dont kick u out or send the check to your table till u ask for it. Cause having a drink or food is a social event, not a profit one.
May 3, 2012
Bring your own paper plates and plastic utensils! That might cushion the blow to the tightwads.
May 3, 2012
In Indiana and several other states, it's still $2.30. Crazy…
May 3, 2012
Eileen Chrisman Fry That's beyond crazy. It shouldn't be legal. But demanding a mandatory tip is robbery. My opinion.
May 3, 2012
Denise Wasson Trawick So if a server was to be rude to you, throw a napkin at you. Be snarky get your order worng and blame you for being too stupid to understand the menu that she should deserve your extra money that you worked hard to earn. To me, it seems that in my line of work I earn what I get. But someone can coast along, not really do their job, make you get up and hunt for the iced tea pitcher to get a refill on your own warrants them to take more of my money when they did not do the job that they are PAID wages to? Is it my crime that their wages are low? perhaps we should not dine out in any establishment and actually out these people out of work entirely. I should not be made felt guilty because they are underpaid. When t waitstaff is attentitve, kind thoughtful and at least makes an attempt to be swift even if say the place is packed (slow service when the place is busy I can understand. I generally pay more than 25% and that is just for 3 people. WHen the service is subpar they get 10% For the waitstaff to demand more of my hard earned money, without doing anything to actually earn it, it is akin to panhandling
May 3, 2012
It is so ignorant for any of you to agree with these people who felt the need to get police involved with this kind of situation. I’m going to assume (for the sake of humanity) that you all DON’T know servers/bartenders are paid about $4 an hour.
In addition to this underpaid min wage, that server you aren’t tipping has to give the bar money (regardless of if you did or did not order alcohol), a bar back/busser money (for cleaning up the restaurant after your mess), and possible other “tip outs” from your check. And guess what? You just tipped your the server $10 on a 100 food bill – that $10 was just taken from the server and given to all those people I just mentioned. They received nothing, and they still provided you food, drinks, probably refills, and all the other things you asked for.
@Matt Parker: no, you most certainly are not given a tip for giving someone pain medication in a timely manner. You are obviously in the health field and are paid well of 60 grand (to say the least) a year to save peoples lives. Waiters are NOT even half as much as you, why? Because they are giving you food/drink – not heart transplants and epidurals.
@ Donna Corrigan Poliachik, the Nurse Case Manager in the ICU at GOOD SAMARITAN HOSPITAL: the dictionary does not define gratuity as "something given voluntarily or beyond obligation usually for some service." Gratuity is “Money given in return for some service or favor, in particular”, Favor being a server bringing you your food that you did not cook and in return allowing you to enjoy a meal for a higher price (in some cases) without having to cook or clean up after your mess. You return that favor by paying the restaurant for the food and the server who served you the food. Some of you people’s definition of great service is irrational – especially if there are 8 or more of you, in which YES it will be mandatory you tip your server.
How about you all look at it this way: in order to keep us from going into worse poverty you need to distribute wealth. There must to be an in flow and out flow of capital for our economy to run smoothly. For humanity’s sake stop being so selfish and ignorant, these people are working hard to SERVE you food.
May 3, 2012
It is so ignorant for any of you to agree with these people who felt the need to get police involved with this kind of situation. I’m going to assume (for the sake of humanity) that you all DON’T know servers/bartenders are paid about $4 an hour.
In addition to this underpaid min wage, that server you aren’t tipping has to give the bar money (regardless of if you did or did not order alcohol), a bar back/busser money (for cleaning up the restaurant after your mess), and possible other “tip outs” from your check. And guess what? You just tipped your the server $10 on a 100 food bill – that $10 was just taken from the server and given to all those people I just mentioned. They received nothing, and they still provided you food, drinks, probably refills, and all the other things you asked for.
@Matt Parker: no, you most certainly are not given a tip for giving someone pain medication in a timely manner. You are obviously in the health field and are paid well of 60 grand (to say the least) a year to save peoples lives. Waiters are NOT even half as much as you, why? Because they are giving you food/drink – not heart transplants and epidurals.
@ Donna Corrigan Poliachik, the Nurse Case Manager in the ICU at GOOD SAMARITAN HOSPITAL: the dictionary does not define gratuity as "something given voluntarily or beyond obligation usually for some service." Gratuity is “Money given in return for some service or favor, in particular”, Favor being a server bringing you your food that you did not cook and in return allowing you to enjoy a meal for a higher price (in some cases) without having to cook or clean up after your mess. You return that favor by paying the restaurant for the food and the server who served you the food. Some of you people’s definition of great service is irrational – especially if there are 8 or more of you, in which YES it will be mandatory you tip your server.
How about you all look at it this way: in order to keep us from going into worse poverty you need to distribute wealth. There must to be an in flow and out flow of capital for our economy to run smoothly. For humanity’s sake stop being so selfish and ignorant, these people are working hard to SERVE you food.
May 3, 2012
Yes this is true guys however in Europe people in the service industry make good wages similar to around twelve to fifteen dollars an hour while in america its more like $2.13 – 4.65/ hr
May 3, 2012
Well put damn! I'ma server THANK U
May 3, 2012
Very well said
May 3, 2012
it can also backfire …since we always tip min 20 %…unless the waiter or waitress is terrible
May 3, 2012
Hey Denise, you got it. If they don't want to get off their lazy butts and make food for themselves – pay the people a tip w/o all the resentment. The Cheapos look for a reason not to tip. I just can't stand people taking advantage of people that are out there working hard. Never was a waitress. Knew I didn't have he personality for it – I would have dumped a plate on some fools head.
May 3, 2012
True…. I'm not a server and I totally agree! That's what fast food restaurants r for!
May 3, 2012
Sita Laura apparently you don't really understand how the system works. We automatically get charged taxes on all credit card tips that are in the computer, in most computer systems you MUST CLAIM AT LEAST 10% OF YOUR TIPS before you can clock out…so "as a restauranteur" you don't really know what you're talking about do you
May 3, 2012
Rico Rodriguez also in Europe tips are already included on the bill…and like Shawn said, they get paid 3 or 4 times as much as American servers…
May 3, 2012
Also a lot of times it's just written on the menu "parties of # or more will be charged an 18% gratuity…"
May 3, 2012
2.18 in VA 2.77 in DC
May 3, 2012
2.18 in VA 2.77 in DC
May 3, 2012
Well if it's true that they make better money in Europe then you could always move there to be a server, or find another job here. Why should I stop going to restaurants or move overseas because you don't like the amount of money you are making at your job? Most people that either don't like their job, or aren't making the amount of money they want to be making, usually go out and find something else that better suits them. To me though, that's the Catch 22 of being a bartender/server; You are either going to make a really great tip, or a shitty one…So it just comes with the territory. But A lot of people I know have no issues with being a server/amount of money they make doing it. So maybe you should either look into a career change or find another service establishment to work at if you are unhappy with what you currently make.
May 3, 2012
Sarah Furey, I imagine that things are different in Virginia than they are in Ontario Canada. I DO know what I am talking about. There is NO mandatory claim of any percentage of tips (unfortunately), and when they are cash, there is no record. The taxes that are paid on a purchase are the burden of the business owner…there are NO deductions taken. There are a few unscrupulous business owners that don't pass the tips that were on credit cards on to the server until the end of a pay period, month, or quarter…(and then there is no guarantee that the server is actually getting what they should) I know one place that "pays out" annually, "sharing" ALL gratuities with ALL staff…and if you leave their employ early (going back to college, find another position) they get nothing, other than any cash tips they may have hidden. It isn't fair for the server, but it seems to work out well for the managers…they take a cut. There are sketchy records kept, and it is grossly unfair (I consider it immoral) to the servers.
May 3, 2012
BTW, claiming only 10% of your tips is a little low, isn't it?? Income is income…
May 3, 2012
Sita Laura don't get all high and mighty on me right after you ADMIT that your servers don't pay taxes on their tips….legally you should be shut down
May 3, 2012
Sarah Furey, I PAY TAXES on every cent of revenue that comes through my doors. I am not able to monitor what my employees do with their cash tips, and as I have stated, I encourage them to be honest and claim them. It is a loophole in our system that I find very troublesome, but, I am not responsible for the collection of income taxes from employee's, other than the generous wages I provide. Frankly, I find it discouraging that when an employee is payed $10-$15 an hour out of my pocket can take home $40-$50 an hour when they factor in their cash tips…only claim their wage, and I am obligated to pay ever increasing benefits (on top of their wage). In some months, the servers come out ahead of the house. "Legally", I am not responsible for anything other than providing a safe workplace for my employees, and healthy food for my patrons. I am fortunate that my business (of over 25 years) is thriving, in these troubled times, so few are.
May 3, 2012
Sita Laura, "Frankly, I find it discouraging that when an employee is payed $10-$15 an hour out of my pocket can take home $40-$50 an hour when they factor in their cash tips…only claim their wage, and I am obligated to pay ever increasing benefits (on top of their wage)."
…yeah it's terrible that you actually have to pay your employees to do their jobs…sucks to be you…
May 3, 2012
Sarah Furey, what you misunderstood was, it is unfair to EVERYONE when people shirk their responsibility to pay their taxes, and it is particularly sad when you know who is doing it. It places an unfair burden on those of us who do our duty diligently. Their benefit costs increase and are passed on to the employers because the tax base is shrinking…this in turn influences how many people I can employ. I pay my servers very well,(on average twice what anyone else in my town pays) and provide an atmosphere of support and trust for them, as well as provide them with opportunities to advance, and actively promote them to pursue further education (in the field of their choice). It doesn't "suck to be me". I am proud of my staff (over the past 25 years there have been over 2,200 of them). Some have gone on to be doctors, lawyers, nurses, law enforcement agents, dentists, engineers, business owners, chef's, radio personalities, and every other imaginable trade, and yes, some have continued on as professional servers. I have maintained contact with a number of them, (my business is in a small northern tourist town, and some have maintained ties in the area and they drop in, often bringing their families.) Many have told me that they value the work ethiic they learned at my establishment…so no, it definitely does NOT suck to be me. Life is good.
May 3, 2012
Sarah Furey, what you misunderstood was, it is unfair to EVERYONE when people shirk their responsibility to pay their taxes, and it is particularly sad when you know who is doing it. It places an unfair burden on those of us who do our duty diligently. Their benefit costs increase and are passed on to the employers because the tax base is shrinking…this in turn influences how many people I can employ. I pay my servers very well,(on average twice what anyone else in my town pays) and provide an atmosphere of support and trust for them, as well as provide them with opportunities to advance, and actively promote them to pursue further education (in the field of their choice). It doesn't "suck to be me". I am proud of my staff (over the past 25 years there have been over 2,200 of them). Some have gone on to be doctors, lawyers, nurses, law enforcement agents, dentists, engineers, business owners, chef's, radio personalities, and every other imaginable trade, and yes, some have continued on as professional servers. I have maintained contact with a number of them, (my business is in a small northern tourist town, and some have maintained ties in the area and they drop in, often bringing their families.) Many have told me that they value the work ethiic they learned at my establishment…so no, it definitely does NOT suck to be me. Life is good.
May 3, 2012
Jennifer Conca Ryan Hahaha Yeah, I don't play well with others either. I tried it for one morning when I was about 20 and I NEVER returned! It takes a special breed and I have immense respect for that. I'd be incarcerated! I would be the one with a coupla tips for the customer!
May 3, 2012
it's not a "gift" if taxes are taken out of it….I know, I am a waitress of 25 years, I must claim 8% of my total sales for the evening before I can even clock out, whether I got tipped by all my customers or not!…Uncle Sam wants his taxes on all my "gifts"…..
May 3, 2012
Jonjo Powers …How very RUDE….on sooooo many levels, you are RUDE!!!!!!!!
May 3, 2012
Aspen Incashola …I'm guessing off the top of my head that neither you or Elly have ever been a waitress….Do it for a month, then I'm guessing you will be changing your attitude…I am a DAMN GOOD waitress, doing it for 25 years, but still get people who can barely afford to eat out, still come in and order food, order dessert, the bill comes to almost exactly what they have in their pockets, and you the server still get NOTHING, even though the service was good, and in a timely fashion….I do this type of work because I love it, and I do it good, but, there are still people who come in and think of you as a DUMB-ASS who couldn't get hired on anywhwere else, and so they are better than you…and they treat you as an inferior…well, I have a good education and a military background (I am a female Veteran), but I enjoy meeting people and being out in the thick of things…BUT, I still have to pay taxes on their meal and all the other meals I serve, whether I get tipped or not…Life is funny like that, until the rules get changed or the higher-ups start paying min wage to all of the service-related jobs out there, I will continue to serve and pay my taxes on mine and yours and others meals I serve…..
May 3, 2012
You said it well!
May 3, 2012
I can not believe you NEVER expected a tip, if so, why do the job?…the reason you become a server and continue to be a server is because of some wonderful people who do tip and do tip nicely…to say you NEVER expected to get a tip is stupid!!!!!
May 4, 2012
Lisa Martin I really never expected one, I waited tables because at the time it was all I was qualified to do AND if I gave crappy service I knew I might not get a tip but that was the chances I took. Gettinga paycheck was important to me because I wanted to just survive somewhere else than on the streets. So before you judge my comment and call me stupid walk a mile in my shoes (or walk that mile in no shoes. You people don't realize that waitpeople get paid a whole lot less than the average person too. In the early nineties I only made $2.01 an hour and made very little in tips in Houston Texas. But it was still a job and I wasn't on a socail program.
May 4, 2012
Sarah Furey yA that laura doesnt kno shit about the biz, im a server and dont make shit a hour…and not everyone tips….what little i make per hour is ate up in health insurance and other tax crap to where i end up paying taxes…the restaurant biz sucks…is all there is to it…ive never heard of waiters splitting there tips with cooks hah..its soo funny that shes talking outa her ass and should oversee her biz more regularly
May 4, 2012
Su Smith —I am a waitress of 25 years, so I have walked a bit in those shoes!!!And I do realize what servers get per hour, when I started in 1965, I only got 1.30 an hour, NOT much of a paycheck to speak of…and if I did not expect to get a tip, I would never have stayed in the biz as long as I have….I do realize a job is a job, but who in their right mind would stay if no tip were expected?…I would rather be on a social program than to get that piddly check each week…So, PLEASE don't tell me that you waited tables NEVER expecting a tip or being upset when none was left on the table, I'm not falling for that…..
May 4, 2012
Jody this was in 2010, we had went for my birthday. Place was almost empty on a Sunday afternoon, may be why she gouged them.
May 4, 2012
If you research this story you will see that the Family was black, if you work in the restraunt business you know blacks tip little if anthing good or bad service and are difficult besides.Ask anyone with bar / food service experience and they will confirm this. Also the restraunt policy for adding the 17% on bills for six or more was stated on the menu. This is a plain case of not wanting to pay the bill which is the reason the police were called.
May 5, 2012
Lisa Martin Maybe that is you but not me. I have been waiting tables for many years and owned my own country club on a golf course and still did not expect anything. Don't fuck with me I am tired of you
May 5, 2012
Not everyone is perfect like you.
May 5, 2012
Total bull-. This is what happens when you let the state in on your realtionships. The taxcodefor tips should have never been written. I'm quite sure a person could win a Senate since by promising to repeal this code.
May 5, 2012
Objectivist Fight Club, that's a great idea. When Inhofe or Coburn is unseated, perhaps you'll be the one getting the job done!! (They BOTH need to GO.)
May 18, 2012
Janelle, the US department of Labor requires by law that if your tips don't earn you atleast minimum wage for the hours you worked in a given month then your employer is required to pay you the difference. Waiters make at least minimum wage, whether they like to admit it or not. Which is right in line with other unskilled labor jobs in our economy.
Feb 1, 2013
Alot of people on here are speaking of how we should or should not pay a gratuity due to how much a worker makes. Let's think of the people eating at these resteraunts, how do you know they even have money for a tip. In this economy you can't assume that people just don't want to pay. Maybe they can't. Just maybe they saved their money all year to go out once. It is not the fault of the consumer that some places pay their employees peanuts as servers. With all the petitions and causes people support shouldn't this be one? If I give you a gift because I liked your service, you should not have to share it with any other worker and I also believe that some of these places are making out like bandits.