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Thread: Couple Busted for Refusing to Pay Tip

  1. #61
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    Re: Couple Busted for Refusing to Pay Tip

    Quote Originally Posted by jallman View Post
    If it is posted in that restaurant that a 16% gratuity is attached to parties of 6 or more or whatever the sign says, then the only defense for not paying the bill as presented is to prove that the signage was not clearly visible to the customer.

    I highly doubt that's the case.
    It's probably printed on the menus too.
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    Re: Couple Busted for Refusing to Pay Tip

    Quote Originally Posted by jallman View Post
    Oh I doubt it. Theft of service is a real crime and not taken lightly.
    When is gratuity legally mandatory?

    As long as it's not a mandatory service charge, then gratuity is not legally required to be paid.

    Foobooz Tip Log: The Legality of Auto-Gratuity

    And as I expected, the case is being dropped:
    Update: Case Tips Over - Police Drop Tipping Charges - Strange Crime - Legally Weird

    And even worse, apparently the charged gratuity was more then explicitly stated:

    Police Drop Theft Charges Against Pub Non-Tippers - The Consumerist

    Quote Originally Posted by jallman View Post
    If it is posted in that restaurant that a 16% gratuity is attached to parties of 6 or more or whatever the sign says, then the only defense for not paying the bill as presented is to prove that the signage was not clearly visible to the customer.
    That actually only applies if the gratuity is stated as a mandatory service charge. Otherwise, there's no clear law on that.
    Last edited by obvious Child; 11-26-09 at 05:29 PM.
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  3. #63
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    Re: Couple Busted for Refusing to Pay Tip

    Hurray!

    Oh and the article says they overcharged the added gratuity on the bill. I hope other people keep their receipts and they start a class action lawsuit and put this guy out of business.
    Schadenfreude ist die schönste Freude.

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    Re: Couple Busted for Refusing to Pay Tip

    Quote Originally Posted by Tsunami View Post
    Hurray!

    Oh and the article says they overcharged the added gratuity on the bill. I hope other people keep their receipts and they start a class action lawsuit and put this guy out of business.
    Why does everything need to end up in court?

    How about, instead of clogging up the courts with a lawsuit, everyone who's unhappy with the restaurant can stop going there?

  5. #65
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    Re: Couple Busted for Refusing to Pay Tip

    Quote Originally Posted by DrunkenAsparagus View Post
    This defeats the entire purpose of tipping
    IMO so does paying the waiters/waitresses half of minimum wage just because they recieve tips. And then taxing it is just insult to injury imo. A tip is a gift, not a payment.
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    Re: Couple Busted for Refusing to Pay Tip

    When I had a restaurant we didn't pay half the minimum wage, we paid over the minimum wage.

    The profit margin in restaurants is very slim, btw. It's a very labor intensive industry. I'm glad I no longer am involved with the restaurant business.

    In our place the prep cook and diswasher got a percentage of the tips.

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    Re: Couple Busted for Refusing to Pay Tip

    Does no one know that you tip 1 penny if the service is awful??? At least that way they can't reason that you forgot to tip or something. Then...they know...

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    Re: Couple Busted for Refusing to Pay Tip

    A good lawyer could get this tossed, I could. While a gratuity may very well be posted, you are only obligated to pay for what you have received, nothing more. This establishment cannot tax a customer anything other then the state tax that is lawful, one could certainly fight this forced gratuity. The question is, what kind of a-hole is going to make a scene like this, I think this is why they were probably charged with a crime.

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    Re: Couple Busted for Refusing to Pay Tip

    I avoid all situations where this type of "tip" is in effect.

    I also don't tip, because it's not my job to subsidize an employees wages. Owners take advantage of tips by paying lower wages.

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    Re: Couple Busted for Refusing to Pay Tip

    Quote Originally Posted by CrusaderRabbit08 View Post
    I avoid all situations where this type of "tip" is in effect.

    I also don't tip, because it's not my job to subsidize an employees wages. Owners take advantage of tips by paying lower wages.
    Cheapskate.

    I tip 20%, if the service is good, if not, I might leave a few dollars, I think people get the message.

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