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Couple busted for not paying tip

The gratuity was mandatory for large parties, but what if the service stinks?

Posted by Karen Datko on Friday, November 20, 2009 1:38 PM

Bizarre story of the week: Two restaurant patrons were arrested on a charge of theft when they refused to pay a $16 mandatory tip that was part of their bill.

 

College student Leslie Pope told a TV reporter that the service was so bad at the Bethlehem, Pa., establishment that she had to get the table’s silverware and napkins and walk to the bar to refill her soda. An hour after the group of eight ordered chicken fingers and other bar grub, the food arrived.

The menu says an 18% tip is included in the bill for parties of six or more. The tip on their bill amounted to $16.35 (inexplicably higher than 18%).

 

NBC Philadelphia reports:

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. 

“They cuffed the Pope in Bethlehem,” one Fox TV anchor in Philly remarked.

 

According to the NBC report, the owner said managers offered to comp the food, but the couple said that didn’t happen. The NBC reporter speculated that the charges will probably be dropped.

 

Readers who posted comments at various online articles about the situation offered a variety of views -- the most thorough discussion can be found at lehighvalleylive.com -- including:

  • The couple should have paid the tip -- particularly after police were called.
  • The manager should have apologized for bad service and moved on. No need to call the cops. “Obviously we would have liked for the patron and the establishment to have worked this out without getting the police involved,”  Deputy Police Commissioner Stuart Bedics told NBC. 
  • Mandatory tips are outrageous. A tip is a reward for good service. “I know that many places will add it to the bill on parties over a certain number, but I think that the patrons should also have the right to not pay when there is bad service,” “oldgoat” said in a comment at Newser.

What should have happened here? What do you think?

 

Related reading:

Join the discussion!
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1 - 15 of 1663
Tuesday, February 09, 2010 6:24:44 PM
Even if it was mandatory to pay a gratuity for parties of 6 or more, it was also part of the same deal that the restaurant would provide a reasonable level of service.  So neither side lived up to the bargain.  This whole thing was a complete boondoggle -- the two college kids should have complained to management and/or paid their bill and left when the service spiraled down the drain-- and it does seems reasonable to me that the restaurant's bill should be adjusted down to offset the lower level of service provided to the two--and the police got too involved -- it seems over the top to handcuff and take these two kids to jail-- looks to be more of a contract dispute than a crime.
Tuesday, February 09, 2010 10:54:43 AM
pasteurlou y u so against black people, u have some white people who is just as cheap even cheaper than the blacks
Tuesday, February 09, 2010 10:31:44 AM
Working my way through college relying on tips I learned quickly bad service bad tips. I made more money pre grad than with my first post grad job. This is not rocket science. Depending on the house, if you're good the money is great.
Tuesday, February 09, 2010 2:29:42 AM
I guess if you can get arrested for not turning a library book in these days you can be arrested for not tipping too. Get arrested for offending someone...maybe we should all just get naked and sing this land is your land.
Tuesday, February 09, 2010 12:48:55 AM
Here's a thought. Perhaps if you had studied in class instead of not paying attention and getting high instead of doing your homework you wouldn't BE at the mercy of indiscriminate tippers. For once in your life take some personal responsibility for putting yourself in the position of getting screwed and stop blaming others. YOU took a $2.15/hr job. I didn't hold a gun to your head,...DOH ! Smile
Monday, February 08, 2010 9:49:30 PM
the church people think if 10% is good enough for God it should be good enough for the waitress!
Monday, February 08, 2010 8:56:22 PM
Take your business of restaurant accounting and shove it where sun does not shine. The name of the game is if the service and the foods lousy, people should just stop showing up and these shyster places need to shut down. Half the restaurant owners in this country have no understanding about the hospitality and food business. If more people refuse to pay these service charges and so called tips, the country the quality, service and catering over all will improve.
Saturday, February 06, 2010 10:39:15 AM
I always tip 20% if the service is good (prompt, attentive, apologizes, etc) .  If it is okay...15%..If it was horrible...Zero.
Saturday, February 06, 2010 1:27:29 AM
Thank you  for saying tha Asian tips the best.  I am Vietnamese and I alwyas tips whether or not good or bad services.  For bad services, I usually leave 10%.  For good service, i '' leave 15-20%.  For excellent service, i ALWAYS LEAVE 30-50% TIP.  I am a beauty salon owner so when I give quality service, I expects good tips for my staff.  Thank you.
Friday, February 05, 2010 10:02:01 AM

First off I have a comment for pasteurlou, I deliver pizzas as a second job and I have to say you are right about the fact that blacks and hispanics are the worst tippers. To those who take offense to that, I am not being racists but that is just how it is. To be fair I do see a fair amount of whites who are just as bad about tipping. We have a large subdivision in my delivery area called Bridgemill. It is not uncommon to go in there to either get $2.00 or get nothing.

My best tip I have ever received was $100 from a customer during the summer and her bill was right around $30.00. (She did not live in Bridgemill)

As far as the whole mandatory amount for parties with a certain number of guest, that can go both ways. I dated a young lady one time who worked as a waitress for Pizza Hut, every Sunday a church group of about 10 to 15 people would come in for lunch. She provided good service and made sure they had everything they needed. Would you like to know how much of a tip they always left? Try $2.00.

It goes to show that no matter what race someone is, there are alwyas cheap asses out there.   

       

#11
Thursday, February 04, 2010 4:54:01 PM

I am in the business of restaurant accounting.  A mandatory gratuity is a service charge.  As such the service charge is income for the restaurant.  Gratuities are not income to the restaurant, they are income to the server.

 

Now since we have a service charge and not a gratuity, the service charge amount is taxable for sales tax purposes.  The POS system should calculate sales tax on the items served plus the amount of the service charge.

 

Legally, the restaurant is not obligated to provide the service charge amount to the server but we all know what that would do to keep valued servers around.  So, the payment by the restaurant of the service charge to the server is an expense to the restaurant and therefore a wash.

 

The bottom line is the customer is getting screwed when the restaurant forces a service charge on a check because the guest pays more sales tax and possibly more "tip" than they normally would due to poor service.

 

Savvy restaurants who really know their business will disclose on the guest check that the guest has the option to increase or decrease the amount of the service charge.  The instant the option is provided, it is no longer a service charge.  Its a gratuity and no longer subject to sales tax.

 

Most would agree that a server should not be dinged for poor food quality.  The server does not prepare the food.  Let the manager know if you have a problem with the food.

#12
Thursday, February 04, 2010 2:24:40 PM

Let’s talk about the other side of the coin. The people who don’t tip or tip very low because they are cheap! My kids all worked as waiters and average 18-20% tips so they give good service. There are people for no particular reason who just will not tip more than a dollar per person if that much. Usually it is a larger table with a large bill. I think, like in Europe, a tip should be figured into every bill and the customer can adjust it as they see fit.

Wednesday, February 03, 2010 8:26:46 PM
They had to get their own  silverware and had to get their own drink and had to wait an hour for food at what point did they not get it just leave the restaurant before the food was served!
Wednesday, February 03, 2010 2:20:17 PM
I can see adding a gratuity to the check depending on the clientele you're getting. For example, if there are a lot of black people coming in to the restaurant, you will have to add a gratuity or starve. I spent 15 years in the food service industry, and blacks are by FAR the worst tippers. It has nothing to do with "getting even with ****": they're just cheap. Asians tip the best, white people are a close second, Mexicans are third, and blacks are a distant fourth.
Wednesday, February 03, 2010 1:38:13 PM
I have to comment on people talking about the mandatory tip being a contract and not tipping is renegging well a contract needs to benefit two parties in order to be legally binding and if you need to do a substantial part of the waiters job for them the waiter/restaraunt have renegged the contract. 
1 - 15 of 1663
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