College Students Arrested For Refusing To Pay Tip

NFS4

No Lifer
Oct 9, 1999
72,636
47
91
With service that crappy, I probably wouldn't have left them a tip either -- or would have just left a dollar.

It was an evening out that college students Leslie Pope and John Wagner will long remember.

Not only did they get what they called lousy service, they got handcuffed and arrested.

All over a $16.35 tip.

They were with a half-dozen friends at the Lehigh Pub in Bethlehem last month, so the establishment tacked what it called a mandatory 18 percent gratuity onto the bill of about $73, according to reports.

Pope and Wagner refused to pay.

"You can't give us terrible, terrible service and expect a tip," said Pope, a 22-year-old Moravian College senior who's a Pottsville native, according to the Lehigh Valley Express-Times.

They had to find their own napkins and cutlery while their waitress caught a smoke, had to ask the bar for soda refills, and had to wait over an hour for salad and wings, they told NBC10.

The pub, which was very busy that night, took the $73, but then called the cops, who treated the matter as a theft.

The menu clearly states, "18 percent gratuity added to check of parties of 6 of more," and a similar message is printed on receipts, a pub employee said this morning.

A court date is scheduled for next month.

What would they do if it happened again? a reporter asked.

"Honestly, probably gonna pay the tip anyway," said Pope, prompting Wagner, 24, a Lehigh University grad student, to laugh.

http://www.philly.com/philly/news/b...ege_students_arrested_for_not_paying_tip.html
 

MoPHo

Platinum Member
Dec 16, 2003
2,978
2
0
I was a server and if my service was that bad, I'd talk to the manager and would refuse to pay the 18% gratuity.

If I was arrested, I would contact the news and make damn sure the restaurant's name was every other word out of my mouth.

Edit: If they had to get their own utensils and get their drinks themselves, their server had issues. When things got crazy at our restaurant, servers wouldn't take breaks and would just man up to make sure their tables were taken care of.
 
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HappyPuppy

Lifer
Apr 5, 2001
16,997
2
71
They got what they deserved for failing at reading and comprehension. The allegation, probably true, that the service sucked is irrelevant, the gratuity notice is printed for all to see.

Fuck them.
 

TruePaige

Diamond Member
Oct 22, 2006
9,874
2
0
Mandatory gratuity is a racket anyway. If it was two parties of 3 it would take the exact same amount of effort but wouldn't require it, so it doesn't make sense.

Hope they win.
 

Malak

Lifer
Dec 4, 2004
14,696
2
0
Very few places do mandatory gratuities, and the ones that do almost always have lousy service. If I see a sign like that, I immediately leave and go somewhere else.
 

frostedflakes

Diamond Member
Mar 1, 2005
7,925
1
81
I've always thought gratuity was BS anyway. And I have no problem tipping, waiting is demanding work, but if somebody is guaranteed 20% regardless of their service, there's just no incentive for them. Except for the whole having pride in your work thing, but I think that's a concept that's lost on a good chunk of the population today.
 

FleshLight

Diamond Member
Mar 18, 2004
6,883
0
71
The other day, in the mood for greasy, mundane bar food, I dropped in to the Lehigh Pub for lunch. When I walked in, a member of the pub staff said to "please seat yourself," pointing to a brown-and-light-brown sign that said the same. I politely declined, explaining that I preferred to wait near the door because my friend had yet to arrive. The next thing I knew, a Lehigh Pub assistant manager popped out of the drink station brandishing a Taser and fired two prongs into my forehead. I woke in a dark, fetid room in the Lehigh Pub basement, where someone called down from above, "Nobody breaks protocol at the LEHIGH PUB!"

http://www.yelp.com/biz/lehigh-pub-bethlehem
 

CZroe

Lifer
Jun 24, 2001
24,195
857
126
Question: If it's mandatory, HOW IS THAT A "GRATUITY" IN THE VERY SENSE OF THE WORD?

Waffle House does this for to-go orders. If you didn't partake in their service, it's even stranger to call it "gratuity."
 
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dullard

Elite Member
May 21, 2001
26,024
4,650
126
I'm fairly certain that automatic tips are not enforceable. Unless there is an odd local law, the students were fully within their rights not to pay any tip. The words on the menu are just that - words. There is a difference between a restuarant's policies and laws. Any lawyer should get them off.

But then again, I didn't look up their local laws.

Here is a link of another case where it was decided in court that mandatory tips aren't actually required by law: http://www.nytimes.com/2004/09/15/nyregion/15tipper.html?_r=2&oref=slogin
 
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sandmanwake

Golden Member
Feb 29, 2000
1,494
0
0
Party of six? It was two parties of 3, so why should the mandatory tip apply? I hate places that have mandatory tips.
 

CZroe

Lifer
Jun 24, 2001
24,195
857
126
I'm fairly certain that automatic tips are not enforceable. Unless there is an odd local law, the students were fully within their rights not to pay any tip. The words on the menu are just that - words. There is a difference between a restuarant's policies and laws. Any lawyer should get them off.

But then again, I didn't look up their local laws.

Yeah... otherwise they'd have to detail just what service that tip is paying for and then they'd be screwed for not providing the service paid for. They could take any group of 6 or more and deliberately treat them like dirt at their expense so that they can treat the other customers to the better service they aren't forced to pay for.
 

oiprocs

Diamond Member
Jun 20, 2001
3,780
2
0
This is why you divide the group and somehow end up sitting next to each other.

"Honey, that seems like a nice place to sit".
 

QueBert

Lifer
Jan 6, 2002
22,975
1,175
126
Question: If it's mandatory, HOW IS THAT A "GRATUITY" IN THE VERY SENSE OF THE WORD?

Waffle House does this for to-go orders. If you didn't partake in their service, it's even stranger to call it "gratuity."

didn't partake? Did someone who works there take your order? then take it to the cook? then get it when it's ready? and ask you if you needed anything as you were picking it up to go? Aside from sitting at a booth and getting a glass of something to drink, and them stopping by twice for 10 seconds to ask if everything's okay. The take out order is exactly the same, you tip less because they don't have to spend the extra 30 seconds re-filling your drink. But nothing else is different. So I would say a to go order you're definitely partaking in their service and using a server to do it. Unless a robot answers your call, takes your order and gets it for you auto magically.

Tipping for crappy service sucks, but everywhere I eat has signs posted everywhere saying parties of 6 or more get a automatic gratuity added to their bill. I don't see how anyone could possibly fight this and win. It's posted, if you don't like it go somewhere that doesn't automatically add it. Chuck-E-Cheese is about the only place I can think of that doesn't though.

BTW - At least in California, a mandatory addition for parties of 6 or more is definitely legal. They consider it a legal binding agreement because it's posted for everyone to read, and by eating there in a group of 6 or more you're agreeing to the conditions posted. It might very in other states I dunno.
 
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Tiamat

Lifer
Nov 25, 2003
14,068
5
71
I hate mandatory gratuity. Places like that always give you hell. Even if you ask for the manager, the manager is almost never reasonable. Just pay it once, and never go there ever again is my policy.
 

drinkmorejava

Diamond Member
Jun 24, 2004
3,567
7
81
I think they could make the argument that being a a gratuity entails a minimum level of service by the waiter. Hence, if they waiter meets some level of service, they will receive a minimum 18% tip. Because the minimum level of service was not rendered, they did not have to pay.

If it was worded as "18% charge for any and all services rendered," then the restaurant could get away with any low level of service.