Family refuses to pay tip, gets locked inside restaurant

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NuclearNed

Raconteur
May 18, 2001
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just wondering... since the purpose of locks is usually to keep people out, how exactly does someone get locked inside a restaurant? Seems like it would be pretty easy to open a window or something.
 

MotionMan

Lifer
Jan 11, 2006
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The article is a little unclear IMO - Is there actually a sign stating there is an automatic 17% tip on groups of 5+? OR is that just what the BBB guy was saying there should be?

BTW, most places around here that have an automatic tip have it stated in the fine print on the menu. Also, at those places, the moment a glass needs filling or there is something that needs attention, I grab the nearest employee, I don't care who, and get it dealt with immediately. If I am already paying for good service, I am damn well going to get it.

MotionMan
 
Nov 29, 2006
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The article is a little unclear IMO - Is there actually a sign stating there is an automatic 17% tip on groups of 5+? OR is that just what the BBB guy was saying there should be?

BTW, most places around here that have an automatic tip have it stated in the fine print on the menu. Also, at those places, the moment a glass needs filling or there is something that needs attention, I grab the nearest employee, I don't care who, and get it dealt with immediately. If I am already paying for good service, I am damn well going to get it.

MotionMan

I think the point is that you shouldnt have to be the one to make the good service happen. They should do it automatically and if they dont then screw the 17% gratuity.

I always view the 17% as if i recieved what most would consider normal service. If i want to tip above and beyond than that is fine, but when the service is shitty why should the amount of the people at the table dictate 17% or not. As i said before having that built in like that means they can give you crappy service with no reprecussions. Now if it was a whopping 1 person less at 5 people they would have to be a little more attentive to recieve a good tip.

It takes away incentive for the wait staff to do good work.
 

Thump553

Lifer
Jun 2, 2000
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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.

I strongly suspect the restaurant's liability for their unlawful restriant/kidnapping of this family will greatly exceed the disputed "gratuity."
 

Wreckem

Diamond Member
Sep 23, 2006
9,565
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I strongly suspect the restaurant's liability for their unlawful restriant/kidnapping of this family will greatly exceed the disputed "gratuity."

You can detain someone briefly while calling the cops and having them show up.

IF there is mandatory gratuity, it IS part of the bill. Failure to pay it is technically theft of services.

But this is a tabloid we are reading the story from. Its either not true or lacking the full details/truth.
 
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MotionMan

Lifer
Jan 11, 2006
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I think the point is that you shouldnt have to be the one to make the good service happen.

No, my point was: Did they know ahead of time that the tip was going to be automatically added, as some here apparently believe. I just cannot tell from my reading of the article.

As I was once told by a judge: "If you give someone enough notice, you can do almost anything to them."

So, my question still stands.

MotionMAn
 

MotionMan

Lifer
Jan 11, 2006
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I strongly suspect the restaurant's liability for their unlawful restriant/kidnapping of this family will greatly exceed the disputed "gratuity."

The fail is strong in this thread.

If you take something without paying for it, the proprietor can hold you until the police arrive to deal with the situation. And, generally speaking, the proprietor has immunity from prosecution or liability if they acted reasonably and with sufficient grounds.

In this case, the "acting reasonably" could be up for debate, but, anyone who thinks that, per se, the manager acted illegally, is just plain wrong.

MotionMan
 

Wreckem

Diamond Member
Sep 23, 2006
9,565
1,152
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No, my point was: Did they know ahead of time that the tip was going to be automatically added, as some here apparently believe. I just cannot tell from my reading of the article.

As I was once told by a judge: "If you give someone enough notice, you can do almost anything to them."

So, my question still stands.

MotionMAn

The menu on their website has notice of it. I am sure the ones in the restaurant do too.
 

Bazake

Member
Feb 13, 2012
137
0
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Restaurants should just put up a sign that says

"Parties of more than zero will automatically have 25% gratuity added to their bill."
 

Wreckem

Diamond Member
Sep 23, 2006
9,565
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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.

Note here, its the black family saying they received poor service. There is always three sides to the story. This only tells their side.

This isn't the first tipping battle between Asians and Blacks. I believe the restaurant is owned by Asians, possibly has an Asian manager.
 
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DrunkenSano

Diamond Member
Aug 8, 2008
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Why do people automatically assume that the service was bad? It is just as easy to assume that the black family is cheap as fuck and would use any excuse to get out of tipping, which is certainly not unheard of. Mandatory gratuity is mandatory, it's on their menus, if you really didn't like the service, just don't return. If you want to be cheap asses, don't eat out.
 

alent1234

Diamond Member
Dec 15, 2002
3,915
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I would let them arrest me if it came to that. Id be all over the news getting that place boycotted and making legal changes to the US Constitution in the process to make this practice illegal :p LOL

the 35th amendment

it shall be illegal to add a gratuity charge to a meal where the party consists of a minimum of six people.

what a gross injustice
 
Nov 29, 2006
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the 35th amendment

it shall be illegal to add a gratuity charge to a meal where the party consists of a minimum of six people.

what a gross injustice

Works for me. Screw mandatory gratuity period. Allows the wait staff to focus on the smaller tables to "earn" a nice tip, while ignoring the 6+ tables because the tip is coming regardless of service.
 

Veliko

Diamond Member
Feb 16, 2011
3,597
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Why do people automatically assume that the service was bad? It is just as easy to assume that the black family is cheap as fuck and would use any excuse to get out of tipping, which is certainly not unheard of. Mandatory gratuity is mandatory, it's on their menus, if you really didn't like the service, just don't return. If you want to be cheap asses, don't eat out.

Mandatory gratuity is actually a contradiction.

Mandatory gratuity is essentially a charge for a service. If you don't get the service then you shouldn't get the charge either.
 

DrunkenSano

Diamond Member
Aug 8, 2008
3,892
490
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Did they have to get the food themselves? Did they have to pour their drinks themselves? If so, then you are right, but I have a feeling they were served just fine so they should pay the fee. Now they probably wanted to weasel out of paying the extra amount because they are a bunch of cheap fucks, so they lie about having bad service. If it was truly bad service, they should've complained before the meal was over and the best course of action is the pay the fee and not come back, perhaps even spread the news that the place is shitty.
 

MotionMan

Lifer
Jan 11, 2006
17,124
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The menu on their website has notice of it. I am sure the ones in the restaurant do too.

Then they do not have a legal leg to stand on and the manager had every right to do what he did.

That being said, I hate mandatory gratuities and they should be illegal.

MotionMan
 

LTC8K6

Lifer
Mar 10, 2004
28,520
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I hope they do sue, not because I think they should win, but to get the "mandatory gratuity" crap straightened out.

Tipping should never be included.

The restaurant should just say that prices are 17% higher for large parties, and then people can decide if they want to pay 17% more for their food.

Stop the phoney "mandatory gratuity" crap.

Let the tip be for the quality of service.
 

SlitheryDee

Lifer
Feb 2, 2005
17,252
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That's not really a tip. It's a service charge, but restaurants are free to charge however they want. As long as it was made clear to the customers that there would be a mandatory gratuity, I have no problem with it.

I am completely and totally against mandatory gratuities though. A gratuity is a gift given of one's own free will. Mandatory gratuity is a contradiction of terms. Call it a waiter's fee or something and I would be a lot happier with it. I don't mind paying, but what I'm paying for should make sense.
 

MotionMan

Lifer
Jan 11, 2006
17,124
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I hope they do sue, not because I think they should win, but to get the "mandatory gratuity" crap straightened out.

They will lose and the court will NOT invalidate mandatory gratuities. It simply is not against the law.

This cannot be fixed in the courts. Laws must be passed to stop it.

MotionMan
 

Texashiker

Lifer
Dec 18, 2010
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Sounds like a civil matter, not a criminal matter.

Pay the bill, then sue the restaurant in small claims court.