Family refuses to pay tip, gets locked inside restaurant

brainhulk

Diamond Member
Sep 14, 2007
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http://www.dailymail.co.uk/news/art...y-gratuity-bad-service.html?ito=feeds-newsxml

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.

Jasmine Marks and her fellow diners were locked inside La Fisherman restaurant in Houston after refusing to pay for shoddy service
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 Click2houston.com.
'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.

The restaurant manager called police after Jasmine Marks and her party queried why they had to pay the full 17 percent gratuity after they said they received terrible service
'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.

Jasmine Marks and her family and friends eventually paid the 17 percent tip to avoid further difficulties with the restaurant and the police
'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.'
Speaking to Houston's local KPRC Local 2, the on-duty manager at the restaurant said that they don't have a problem with customers not giving a tip, but they have called the police before.
The issue alerted Houston's Better Business Bureau who have announced that they are examining the complaint.

The on-duty manager said that if the restaurant goers did not want to pay the tip then they could settle the matter with the police
'Consumers need to understand the policy going in,' said Dan Parson, President of the BBB.
'I mean every sign walking in the door. What credit cards do you accept, not accept? What are your hours? Seventeen percent gratuity for the six of you? If you don't like it, leave.'
'They call it the hospitality business, I know you love food, but you got to love the people who eat the food.'
 

Newbian

Lifer
Aug 24, 2008
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Sure it sucks but they were warned ahead of time it would be added and if you know then it's no different then refusing to pay for the meal.

On a side note tipping threads are always fun.
 
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Crono

Lifer
Aug 8, 2001
23,720
1,503
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I hate forced "gratuity". If it's mandatory, factor it into the cost of menu items instead of adding it to bills.
 

richaron

Golden Member
Mar 27, 2012
1,357
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I honestly find it sickening that tips are expected.

Tips/gratuity are -by definition- to reward good service. I'm truly happy I live in a country where the restaurateurs are held accountable to paying their workers a respectable wage. Just raise the fucking prices & pay your workers properly.
 

Rifter

Lifer
Oct 9, 1999
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Good for the restaurant!

Its not different than if they didnt pay for the food itself, it was a clearly stated policy that they know about going into the place.
 

WelshBloke

Lifer
Jan 12, 2005
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Wouldn't locking them in the restaurant be illegal? It cant be legal to hold someone against their will until they pay you a disputed fee.
 

Veliko

Diamond Member
Feb 16, 2011
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Good for the restaurant!

Its not different than if they didnt pay for the food itself, it was a clearly stated policy that they know about going into the place.

This entire situation is a complete and utter failure on the manager's side.

His staff are rubbish.

He is unable to deal with complaints diplomatically.

He has gained nothing but a bad reputation.
 

Rifter

Lifer
Oct 9, 1999
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This entire situation is a complete and utter failure on the manager's side.

His staff are rubbish.

He is unable to deal with complaints diplomatically.

He has gained nothing but a bad reputation.

The article is likely not complete and we will never know what actually happened from a neutral perspective. However If the managers first reaction was to call the cops i agree he did not handle it well. But if they became irate and verbally abusive to him when he did try and talk to them about the situation then he was right for calling the police.
 

Veliko

Diamond Member
Feb 16, 2011
3,597
127
106
The article is likely not complete and we will never know what actually happened from a neutral perspective. However If the managers first reaction was to call the cops i agree he did not handle it well. But if they became irate and verbally abusive to him when he did try and talk to them about the situation then he was right for calling the police.

That is very true.

Actually I have just seen it is from the Daily Mail so there is the possibility that this didn't even happen.
 

Newbian

Lifer
Aug 24, 2008
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Wouldn't locking them in the restaurant be illegal? It cant be legal to hold someone against their will until they pay you a disputed fee.

They didn't as they called the police and the people had a choice of paying or being arrested it sounds like.

Otherwise it's no different then catching someone shoplifting and detaining them until the cops get there.
 

Raizinman

Platinum Member
Sep 7, 2007
2,355
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meettomy.site
Not responsible for theft or damage. Ever see this sign at a pay parking lot? Does this give the owner the right to break in and steal things because there is a sign? Nope.

Tips are NOT mandatory, and never have been. Tips are in exchange for good service. Once the owner of the restaurant renegs on good service, the tip is then forfeited. No different than if there was exceptional service, the customer should raise the tip percentage. The opinion of whether service was good or bad is the decision of the customer, not the owner. Mandatory tips create poor service. The norm in restaurants is that even when a tip is automatically put on the bill, the customer has the right to adjust it either up or down. A tip is not a menu item like food which is ordered at a specific price.

Is there any more work required from the waiter to bring a cheap hamburger and glass of water than an expensive steak and drink? Both require the same amount of trips to the table but the tip for the larger meal could be 4 or 5 times larger even though there is theoretically the same amount of work from the waiter. This is the proof that tips are customer discretion as they are not based on the actual work of the waiter.
 

shortylickens

No Lifer
Jul 15, 2003
80,287
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I hate forced "gratuity". If it's mandatory, factor it into the cost of menu items instead of adding it to bills.
Agreed. If its required then its NOT a tip. Its a fee.


Also, I predict this thread will be locked today.
 

shortylickens

No Lifer
Jul 15, 2003
80,287
17,082
136
Oh, and that was a piss poor decision anyway. If you forcibly restrain someone they have the right to force their way free. I would have set off the sprinklers and then put a chair through their window.

How much do they think water damage and new glass will cost them? More than a tip?

Yeah, that was just plain dumb.
 

Dr. Zaus

Lifer
Oct 16, 2008
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Oh, and that was a piss poor decision anyway. If you forcibly restrain someone they have the right to force their way free. I would have set off the sprinklers and then put a chair through their window.

How much do they think water damage and new glass will cost them? More than a tip?

Yeah, that was just plain dumb.
I would kick the ass of anyone trying to un-lawfully restrain me.
 

Newbian

Lifer
Aug 24, 2008
24,779
882
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Tips are NOT mandatory, and never have been.

If there is notice about a mandatory tip for a certain amount of people in a area, city ordinance or such, that allows it then yes it is just that and people have been arrested for breaking it.
 

Newbian

Lifer
Aug 24, 2008
24,779
882
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It's not a fucking law, it's a greedy restaurant's policy.

Actually if the city has a ordinance then they can enforce it but the places that don't have those and try to make people pay have been overruled.
 

Dr. Zaus

Lifer
Oct 16, 2008
11,764
347
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Actually if the city has a ordinance then they can enforce it but the places that don't have those and try to make people pay have been overruled.

Ah; but now we get into it don't we?

I start a fight then, piss the guy off keeping me in; BAM shoot him when he throws a punch!
 

xSauronx

Lifer
Jul 14, 2000
19,582
4
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Sure it sucks but they were warned ahead of time it would be added and if you know then it's no different then refusing to pay for the meal.

if the response of the management to poor service was "we can call the cops" instead of "heres a discount on the bill please give us another chance" then they are doing this entirely wrong.