Couple Busted for Refusing to Pay Tip

[Malibook]

If you’re frustrated by poor service at a restaurant, think twice before you decide to not tip. You may be in for a bit more than just a dirty look from the waiter.

"Nobody, nobody wants to be forced to pay a tip or be arrested for terrible service," Leslie Pope said when her happy hour ended in handcuffs.

Pope and John Wagner were hauled away by police and charged with theft for not paying the mandatory 18 percent gratuity totaling $16 after eating at the Lehigh Pub in Bethlehem, Pa. with six friends.

Pope claimed that they had to wait nearly an hour for their order and that she had to get napkins and silverware for the table herself.

“At this point I became very annoyed because I had already gone up to the bar myself to have my soda refilled because the waitress never came back,” Pope said.

After the $73 bill came, the group paid for food, drinks, and tax but refused to pay the tip. After explaining the bad service to the bartender in charge, Pope claimed he took their money and called police. The couple was handcuffed and placed in the back of a police car.

“I understand that, you know, we didn’t pay the gratuity, but it was a gratuity, it wasn’t something that was required,” said Wagner.

The owner admitted that the group waited unusually long for their food, but said the pub was extremely busy that night. He said managers offered to comp the food, a claim the couple denies ever happened.

“Obviously we would have liked for the patron and the establishment to have worked this out without getting the police involved,” said Deputy Police Commissioner Stuart Bedics.

Police charged them with theft since the gratuity was part of the actual bill. However, it is doubtful that the charges will hold up in front of a judge. The couple is scheduled to appear in court next month.

http://www.nbcphiladelphia.com/news/local-beat/Time-In-Prison--70426052.html?yhp=1

 

[landscaper]

this one is going to the Supreme Court I mean of all thenerve not paying for crummy service....

 

[Malibook]

I can't stand places that have mandatory tips and I would avoid them like the plague and this is one of the worst displays of customer service I have ever heard of.
Plus if they went in as 2 smaller groups, they could have gotten 2 bills without the mandatory tip included.

That being said, if the policy is clearly visible and should be known, then people who freely choose to go there should pay all of what they owe.
They are free to complain and never come back but they are not free to skip out on the total bill which they committed to paying by being there.

 

[alexmst]

No one should be forced to pay a tip.

Many places add on the tip with parties of 8 or more, because when the bill gets up there the one paying sometmnes balks at the server getting a large amount of money off of one table. I've seen this happen - 10 people eat out at a restaurant, the bill is $900 before tax, the guy paying is like "service was decent but no way a waiter should pocket $135 tip on one table, so percentage should not be used and a $50 tip is plenty". I've thrown cash on a table in some instances where I was a non-paying guest at such an instance after the others have left as what the payer is not taking into account is that a table of 10 takes up the space of a few tables of 2, and the 15% each of those would have left equals the big tip one table leaves. Once where I couldn't do that do it tactfully I went back 15 minutes later to pay extra tip...found the waiter talking to another waiter in disbelif over how the table would stiff him out of his 15% tip when he did nothing wrong. He was both surprized and quite happy when I offered him teh cash to make up the difference in tip, since he was a nice guy and waited the table well with no screw ups.

Back to the point though - if service is bad, regardless of table size a tip should not be mandatory. Some waiters see a big table and know the tip is added automatically and think they can give that table low priority. The payer has the right to tip according to service. If the service sucks, I will not leave a 15% tip, but will question the waiter to see if the problem is in the kitchen or with the server. If the kitchen isn't putting out the food, not much the waiter can do. If the waiter is really bad I will leave a note saying so along with no tip so he knows why, and doesn't think I'm just a cheap bastard.

I hope the judge throws this out.

 

[DshRipRock]

The law is on the restaurants side until the tip becomes greater that 50.00. Then a contract has to signed by both parties. At least in Ontario. This story is from the US. The police in Ontario are not going to arrest a person because of a dispute over a tip. That is what small claims court is for.

 

[alexmst]

It was so beautiful to see my family member ridiculed like this I tipped an extra $5!! However, owners do have the law on their side in this matter.

The restarant manager/owner has to weigh many factors is dealing with this:

1) Was the service really bad?

2) What is the value this customer reprents to the restaurant re repeat business

If the service was really bad, a manager or owner should either knock off the tip or food items equivilant to the tip. A manager might not have authority to knock off tips, but he/she can knock off food items in cases of really bad service or poorly prepared food. This place in the artcle doesn't sound like a fine dining establishment, so if it is a high turnover bar type place the food item removal route seems best.

If I was told by a manager that the bad service couldn't be helped and I'd have to pay a tip anyway, I'd never go back there. A chain or high volume place might not care, but a small place with an owner on site usually will care.

 

[HAMSTER INSPECTOR]

I do not know who will win in this case, but it is written in American Law going all the way back to Benjamin Franklin that it is against the law to not pay an innkeepers tab. If the amount was written into the bill then it has to be paid and contested in court.

 

[Malibook]

If the bill was $73 including a $16 tip, that would work out to a 28% tip (16/57).

 

[Aardvark154]

Police charged them with theft since the gratuity was part of the actual bill. However, it is doubtful that the charges will hold up in front of a judge.

The entire article in two sentences.

By the by this took place in Bethlehem, Pennsylvania.

I believe the only chance the restaurant has is if they explicitly stated in writing something along the lines of: bills over 'X' amount or parties over 'Y' in size will have a gratuity of 18 percent added to their bill. Six people seems a borderline for a manditory gratuity but perhaps not in Bethlehem.

Other than that it is a gratuity not part of the tab. Look for the possibility of a lawsuit against the Bethlehem Police Department for unlawful arrest, if the Judge dismisses the criminal charges.

 

[Brill]

The owner admitted that the group waited unusually long for their food, but said the pub was extremely busy that night. He said managers offered to comp the food, a claim the couple denies ever happened.

He needs permission to comp the food? I don't believe he made the offer, if he truly felt sorry for the long wait he wouldn't have called the police.
I hope this publicity drives him out of business.

 

[Malibook]

I hope this publicity drives him out of business.

I'm sure it will cost them a hell of a lot more than $16.

 

[harvey16]

One thing about tipping I have never agreed about is that it is based on a percentage of the bill. Why should tips be based like this. A server works just as hard to feed you a pasta dish as they do to feed you a filet mignon steak or lobster which is double the price. I think tips should be a flat rate, maybe based on how long you are there. Just because you order more expensive dishes shouldn't mean the server gets double the tip.

 

[Cassini]

I can't stand places that have mandatory tips and I would avoid them like the plague and this is one of the worst displays of customer service I have ever heard of.

If someone tried to make me provide a mandatory tip, I wouldn't come back.

Even the wedding catering companies. If they made too big a deal out of the mandatory tip, I didn't feel like using them. If anyone really wants to be paid a tip that badly, I think they are not into customer service.

Sure, you can suggest and be diplomatic about it. If you get into a fight with me at a restaurant when guests are near, or provide deplorable service causing me to lose face in front of my friends, then I'm not going back to your restaurant again. Tough.

 

[spankingman]

I find it hard to believe there is a LAW saying you HAVE to tip!!!!!!!!!

Only in America as they say!!!

 

[Nofah Kingway]

If the restaurant does have the legal right to charge a mandatory gratuity despite poor service, then I see 2 other legal issues:

1. discriminatory pricing, a person from a party of say 8, pays more for the same item.

2. the definition of gratuity, normally would suggest service, in that case, the patron should be able to sue for fraud.

 

[ig-88]

Was there signage indicating that a tip was mandatory?

This is often the case for large parties, where it says something to that effect on the menu.

I would just pay it, and never patronize that place again.

If you're really pissed, imo, then pay them (to leave gracefully), and then consult police/attorneys to see if it qualifies as extortion. Be sure to note names, times, etc.

Finally, you could always go to the media to give them bad publicity.

 

[CapitalGuy]

It will come down to what Pennsylvania law says about service charges. Here is what California law says - it puts a different and precise spin on the matter. Drawn from the California Government Department of Industrial Relations website: http://www.dir.ca.gov/dlse/faq_tipsandgratutities.htm

Q. Is a mandatory service charge considered to be the same as a tip or gratuity?

A. No, a tip is a voluntary amount left by a patron for an employee. A mandatory service charge is an amount that a patron is required to pay based on a contractual agreement or a specified required service amount listed on the menu of an establishment. An example of a mandatory service charge that is a contractual agreement would be a 10 or 15 percent charge added to the cost of a banquet. Such charges are considered as amounts owed by the patron to the establishment and are not gratuities voluntarily left for the employees. Therefore, when an employer distributes all or part of a service charge to its employees, the distribution may be at the discretion of the employer and the service charge, which would be in the nature of a bonus, would be included in the regular rate of pay when calculating overtime payments.

Here is what Canadian law says about tips. It does not address this issue directly but it provides a definition of mandatory service charges that indicates they are, as in California, payments to the establishment as opposed to gratuities to a server. I suspect that in Canada, therefore, mandatory service charges are legal. Could be wrong, but this is as much law as I am interested in googling, lol. Drawn from the CRA website, in a section discussing whether employees have to pay income tax on tips: http://www.cra-arc.gc.ca/tx/hm/tps-eng.html

Controlled Tips

Controlled tips are gratuities that are controlled by the employer. Since they are controlled by the employer, the employer is considered to have paid these amounts to the employee. The following are some examples of controlled tips:

The employer adds a mandatory service charge to a client’s bill to cover tips;
The employer adds a percentage to a client’s bill to cover tips;

So, I assume that Pennsylvania has existing laws that cover the legality of mandatory service charges, and that this case will be black and white, based on what that law says.

Aardvark, get off your ass and look this one up for us already. Lol.

 

[alexmst]

By stating in the menu that for parties of 8 or more there is a 15% service charge added I think makes it binding. An online guide for U.S. visitors to Canada states that for large groups the service charge is mandatory if mentioned in writing or orally prior to the order being taken.

However, if the restaurant admits service was slow/bad, they should offer something...either remove the tip, or offer to remove the cost of an entree or two, offer to comp the dessert course, offer a discount on a future visit, etc. Best bet if they don't make it right is to pay and never return, and tell all your friends the place isn't worth going to.

The police should not have arrested them, as has been said.

 

[alexmst]

International Tip guide

http://74.125.93.132/search?q=cache...estaurant+mandatory&cd=10&hl=en&ct=clnk&gl=ca

Argentina 0 Everybody Tipping is illegal in Argentina, but waiters often expect a small tip. Be discreet.

Australia 0 Everybody Tipping in Australia is basically non-existent.

Austria 5-10% Restaurant Staff Tip more if service is exceptional.

Belgium 0 Restaurant Staff Tipping is not expected in restaurants.

Bolivia 0-5% Service Staff Service charges are often added to a bill, making tipping unnecessary.

Brazil 10% Restaurant Staff The customary tip for good service at restaurants is 10%.

Bulgaria Variable Service Staff Tipping is not customary in Bulgaria, but may be left as a sign of appreciation.

Canada 10-20% Service Staff Tipping is expected for restaurants, bars, food delivery and taxis.

Chile 10-20% Restaurant Staff By Chilean law, tipping is mandatory in restaurants.

China 0 Government policy in China mandates that foreigners are charged more for services they receive.

Costa Rica 1 Porters Tipping is not customary in Costa Rica, except for porters or others who might handle luggage.

Croatia 0-10% Restaurant Staff Service charges are typically added to restaurant bills, eliminating the need to tip.

Czech Republic Variable Service Staff Tipping is done as a only sign of appreciation.

Denmark Variable Service Staff Tipping is done as a only sign of appreciation.

Egypt 0 Taxi Drivers Taxi Drivers are not tipped.
Egypt 10-20% Everybody Else Tipping is a way of life in Egypt. Although taxi drivers are not tipped, a caleche (horse-drawn 'buggy') driver should be tipped on top of the agreed fare.

Estonia 0 Everybody Tipping is not a common practice in Estonia.

Ethiopia Variable Service Staff Tipping is common for service in hotels, restaurants, bars and parking lots. If tipping a dancer in a restaurant, stick a paper money bill on their forehead

Finland Variable Service Staff Tipping is optional, but if you do, use cash.

France 0 By French law, tips are included in the price of service (typically around 15%). No additional tipping is required.

Germany 5% Service Staff Amount tipped may vary for quality of service.

Greece Variable Service Staff Amount tipped varies for quality of service. It is not common to tip taxi drivers.

Hungary Variable Service Staff Amount tipped may vary for quality of service. Repair technicians may also be tipped.

Hong Kong 0 Taxi Drivers Taxi Drivers do not expect tips (but they won't be turned down either.)

India Variable Restaurant Staff Tipping in India really only applies to high-end restaurants, which have only recently established the practice. Otherwise, tipping is not commonly practiced..

Israel 0 Hotel Staff No tipping is required. A service charge, usually around 10%, is added to your bill for hotel services.

Ireland 10-12% Service Staff Tipping is becoming customary in Ireland, although not in pubs.

Israel 12% Restaurant Staff It's customary to tip the waiter 12% regardless of the quality of service.

Italy 0 Restaurant Staff No tips are expected in restaurants throughout Italy, but it is customary, even if the restaurant adds a service charge.

Japan 0 Tipping in Japan is non-existent.

Malaysia 0 Everybody Tipping is not customary in Malaysia. Restaurants do however often add a 10% service charge, eliminating any need to tip.

Mexico: Tipping is expected for almost any service. The amount to be tipped is at the discretion of the tipper.
Mexico Variable Parking Meter Cop If parked at a meter with a short time limit, offer a tip for the patrolling parking meter officer to watch the meter to avoid being ticketed. [LOL, yes, bribe everybody]

Netherlands 5-10% Restaurant Staff The amount tipped should vary with the quality of service.

New Zealand 0 Everybody Service is almost always included in the prices you pay, so no tipping is necessary.

Norway 5-10% Restaurant Staff Tipping is strictly optional, with the amount dependent upon the quality of service.

Paraguay 0 Everybody Tipping is uncommon in Paraguay. Service charges are often added to bills.

Romania 10% Shops not frequented by westerners often refuse tips.

Russia 1-10% Restaurant Staff Amount tipped varies by the quality of the establishment.

Serbia 10-15% Restaurant Staff Tipping is expected if the customer is satisfied with the establishment's service.

Singapore 0 Everybody Tipping is not required in Singapore. Restaurants do however often add a 10% service charge, eliminating any need to tip.

Spain 0 Tipping is not customary in Spain.

South Africa 10% Restaurant Staff This level of tipping applies unless the restaurant applies a mandatory service fee for a large party.

South Korea 0 Everybody Tipping is not expected in South Korea. Restaurants and hotels do however often add a 10% service charge, eliminating any need to tip. When paying a taxi driver, tipping is done in the form of asking them to keep the change.

Slovenia 10%+ Tourist Areas Tipping is not customary in Slovenia, except for high-tourist areas.

Sweden Variable Service Staff Tipping is done as a only sign of appreciation.

Switzerland 0 Everybody Tipping is not customary in Switzerland.

Taiwan 50 Airport Porters Tipping is rare except for airport porters, who are often tipped 50 new Taiwan dollars per bag. Restaurants often add a 10% service charge, eliminating any need to tip.

United Kingdom Drinks Bartenders in Pubs Do not tip cash at the bar in a pub. If service is good, offer to buy the barkeep a drink (only tip cash at their request after first offering to buy them a drink.)

United Kingdom 10-20% Bartenders in Restaurants Tip cash. This gets a bit tricky if you're in a pub that serves food (where you wouldn't tip), but tipping is expecting in food establishments that serve drinks.

United States 15-20% Service Staff Amount to be tipped varies according to type and quality of service provided. See our guide here.

We should also note that in many far-eastern countries, it's not uncommon for a server to refuse a tip, at least at first. This is driven by custom - in many countries, the process of tipping involves negotiation. The key is to offer to tip first, allow them to decline, then to counter-offer with a higher tip. Generally speaking, just use your best judgment!

And yes, the preferred method of tipping bartenders in the U.K.'s pubs is our favorite!

 

[trod]

wow, I never thought there would be an actual law to give a tip !

A tip is just that, a fucking TIP. Its upto the descretion of the customer based on service. It should not be based/dependent on law imo.

Really hate a place which instills a tip on you AND expects more !