Family locked in Restaurant for not paying gratuity

[Lyra Jean]

http://news.yahoo.com/video/oddnews...urant-after-refusing-to-pay-tip-29164460.html

A family was locked in a local seafood restaurant in Texas for refusing to pay a 17% gratuity that was added to their bill. The restaurant has it posted that they automatically charge this gratuity for parties of 5 or more. There were 6 people in the party. The restaurant refused to let them leave and they called police. The bill with gratuity was eventually paid. The family did felt the received substandard service and wanted to pay less than 17%.

It's a video so that's a summary of the video for those of you have a slow connection or cannot otherwise watch it.

I think they should have paid better attention to the restaurant's policies before deciding to eat there. Although I think 5 people is a little low to be adding on automatic gratuity. I know most of the restaurants I eat at automatic gratuity starts with parties of 8.

 

[Don]

I would have paid up. Then I would have done everything I could to make sure everybody I knew, and everybody they knew, heard the story.

And I wish they'd call those mandatory "gratuities" something else, like surcharges. They make a mockery of the term gratuity, like claiming taxes are voluntary.

 

[thothguard51]

If you don't like the house rules, then eat somewhere else.

If the service was substandard, and that is pretty much subjective, you say something to management. Most of the time, they will work with you on the bill, maybe knock off the drinks or desert.

 

[Shadow_Ferret]

How is it a gratuity if it's forced upon you? I think that is usually called extortion.

When I find out there is a mandatory gratuity, I usually reply, "That's too bad, because I'm a much better tipper than a measly 17%. But now you won't find out."

 

[Lyra Jean]

Or be like Europe and don't require patrons to tip at all.

 

[Anaquana]

Or be like Europe and don't require patrons to tip at all.

But that would mean paying servers more than $3 an hour and that would just be CRAY-ZEY!

 

[Shadow_Ferret]

Wow. Paying servers a living wage? What a concept.

I think that's what offends me most about tipping. I'm subsidizing the restaurant owner who is just too cheap to pay his own freakin' employees.

 

[thothguard51]

There are restaurants around the world where the waiter staff has to pay to work there. I read about one restaurant in New York that charges the waiters $100 a night and they have to pay before they start their shift or someone else will take their place. Of course the waiters there can make $500 to $1000 dollars a night.

I wonder if they have to bus their own tables and do set up too?

 

[blacbird]

Regardless of the argument over the gratuity, how is locking people in a restaurant not kidnapping?

caw

 

[thothguard51]

It was in Texas and I think they too have a stand your ground law.

 

[Shadow_Ferret]

There are restaurants around the world where the waiter staff has to pay to work there. I read about one restaurant in New York that charges the waiters $100 a night and they have to pay before they start their shift or someone else will take their place. Of course the waiters there can make $500 to $1000 dollars a night.

What sort of service are they providing?

 

[SirOtter]

I think that's what offends me most about tipping. I'm subsidizing the restaurant owner who is just too cheap to pay his own freakin' employees.

No, you're not. You're paying a separate entity for a separate product. You pay the restaurant for the food, the waiter/waitress for the service. You have no control over how much you are charged for specific menu items, you do have control over what you pay for the service. Restaurants that add on a gratuity do so because of assholes like Mr. Pink, who don't want to pay for part of what they get, and so the server gets screwed. They not only don't get paid dick, they have to share a percentage of sales (not tips, sales) with other employees. No tip on a big tab, they get ripped off. A gratuity policy, as much as it grates, is necessary to keep a decent employee from getting arrested for pouring soup over the head of some dickwad too stupid to understand basic civilized behavior.

Yes, I used to be a waiter. As far as I'm concerned, everyone should have to be at least once in their lives.

 

[Maxinquaye]

When I was a student, I waited tables, and I made a filthy amount of tips, but it was not required. There is no requirement to tip over here. But people do anyway if you treat the customer right, and the tips were an incentive to do that.

I think I netted the equivalent of €50-100 per evening, and this was in the 1990s. To a student, that was a filthy amount of money. I think I paid my rent just from the tips of about 3-4 nights. Of course I had an acceptable salary as well.

They talked about introducing fixed tips here, but the unions pretty much balked. First, that would go to the restaurant-owner, and he'd find stuff to "deduct". Second, tips was a threat to wages if they were formalised. The owners could point to the money I got, and then lower my salary. Third, fixed tips was a disincentive to good service.

 

[missesdash]

If people don't want to pay tip, maybe they should order to go. Why patrons feel so entitled to be waited on hand and foot for the same price as eating at home in front of their televisions has always been so maddening to me.


ETA: Also a former waitress, almost ten years of it under my belt.

 

[Cella]

There are restaurants around the world where the waiter staff has to pay to work there. I read about one restaurant in New York that charges the waiters $100 a night and they have to pay before they start their shift or someone else will take their place. Of course the waiters there can make $500 to $1000 dollars a night.

I wonder if they have to bus their own tables and do set up too?

Interesting! I had no idea!

What sort of service are they providing?

 

[Celia Cyanide]

How is it a gratuity if it's forced upon you? I think that is usually called extortion.

When I find out there is a mandatory gratuity, I usually reply, "That's too bad, because I'm a much better tipper than a measly 17%. But now you won't find out."

I'm the same. I'm a good tipper, but if a gratuity is added on, I never add any extra.

 

[Williebee]

While I agree the patron should have paid attention to the policy, isn't the gratuity, forced or not, a bit irrelevant in this - once they locked the door?

The restaurant staff locked people in? Locked people in against their will?
Hmm, fire code, unlawful restraint, kidnapping...

 

[leahzero]

While I agree the patron should have paid attention to the policy, isn't the gratuity, forced or not, a bit irrelevant in this - once they locked the door?

The restaurant staff locked people in? Locked people in against their will?
Hmm, fire code, unlawful restraint, kidnapping...

Yeah, that was my thought.

I don't care if the party was a bunch of tight-assed cheapskates...taking people CAPTIVE is kinda, you know, all sorts of illegal.

I smell a lawsuit.

 

[Yorkist]

While I agree the patron should have paid attention to the policy, isn't the gratuity, forced or not, a bit irrelevant in this - once they locked the door?

The restaurant staff locked people in? Locked people in against their will?
Hmm, fire code, unlawful restraint, kidnapping...

Pretty sure that it's false imprisonment. It's a tort and a crime.

ETA: Just dropped in to help find the word you're looking for, Williebee. And yeah, IIRC this is both a civil and criminal offense, so I imagine there'll be a lawsuit.

 

[Sydneyd]

I don't understand why so many think the restaurant was wrong to detain the customers. It was a clearly stated policy that the charge would be applied, they didn't want to pay the charge. I can't go to the grocery store and tell the manager I only want to pay $2 when the bill is $3. I should be detained, the cops should be called.

Granted, I may be a bit touchy since I kiss ass rely on tips for a living.

 

[Alpha Echo]

If you don't like the house rules, then eat somewhere else.

If the service was substandard, and that is pretty much subjective, you say something to management. Most of the time, they will work with you on the bill, maybe knock off the drinks or desert.

Agreed. They always work with you. I've waitressed at many restaurants, and I've never seen a manager not agree to do something to help satisfy an upset customer.

There are restaurants around the world where the waiter staff has to pay to work there. I read about one restaurant in New York that charges the waiters $100 a night and they have to pay before they start their shift or someone else will take their place. Of course the waiters there can make $500 to $1000 dollars a night.

I wonder if they have to bus their own tables and do set up too?

Wow. I've never heard of that. That's insane! Why would you ever work there? I guess the potential for tip earning is there...probably in the cost of alcohol, then food. But still. I don't know.

No, you're not. You're paying a separate entity for a separate product. You pay the restaurant for the food, the waiter/waitress for the service. You have no control over how much you are charged for specific menu items, you do have control over what you pay for the service. Restaurants that add on a gratuity do so because of assholes like Mr. Pink, who don't want to pay for part of what they get, and so the server gets screwed. They not only don't get paid dick, they have to share a percentage of sales (not tips, sales) with other employees. No tip on a big tab, they get ripped off. A gratuity policy, as much as it grates, is necessary to keep a decent employee from getting arrested for pouring soup over the head of some dickwad too stupid to understand basic civilized behavior.

Yes, I used to be a waiter. As far as I'm concerned, everyone should have to be at least once in their lives.

Agreed on all counts. The reason gratuity is added to parties of (usually) 8 or more is because too often, the tip doesn't nearly compensate for the time spent at the table, taking orders, running drinks back and forth, bringing extra napkins, more breadsticks, etc . Especially these days when so many people (I'm one of them) changes up their orders a lot to make them healthier or because of allergies.

That's why I tip very well (unless the waiter gives me a hard time).

I've had parties of 8 or more split their checks just to avoid the 17% gratuity they'd have to pay if they all paid together.

I've had people leave me change.

Generally, I did very well. I was good at my job and never left a glass empty or dirty dishes on the table.

But not everybody tips like I do or takes any of that into consideration.

 

[MarkEsq]

I don't know anything about the case, I didn't even look to see where it happened and I'm speaking as me not my job (add nine other random disclaimers here).

But.

If one looks at this as theft (of services) the restaurant may have the right to restrain the non-payers. If you shop-lift, the store's security guard has a right to detain you without it being unlawful restraint or kidnapping. Lawful restraint.

Storm in a tea cup, if you ask me, with everyone acting a little silly.

 

[Alessandra Kelley]

No, you're not. You're paying a separate entity for a separate product. You pay the restaurant for the food, the waiter/waitress for the service. You have no control over how much you are charged for specific menu items, you do have control over what you pay for the service. Restaurants that add on a gratuity do so because of assholes like Mr. Pink, who don't want to pay for part of what they get, and so the server gets screwed. They not only don't get paid dick, they have to share a percentage of sales (not tips, sales) with other employees. No tip on a big tab, they get ripped off. A gratuity policy, as much as it grates, is necessary to keep a decent employee from getting arrested for pouring soup over the head of some dickwad too stupid to understand basic civilized behavior.

Yes, I used to be a waiter. As far as I'm concerned, everyone should have to be at least once in their lives.

It is scandalous that the restaurants themselves do not pay their employees a fair wage for their service. The whole tip system is rotten.

(And yeah, we always tip generously because who wants to hose the poor servers? But it's still rotten)

 

[Torgo]

This happened to me. I went to a very good Vietnamese place for a friend's birthday, where I'd always had great food. But because there were nine of us, we were told we had to have the set menu, which consisted of really terrible Chinese buffet food - nothing like the a la carte - and was served to us slowly, rudely, and stone cold. If you wanted a drink you had to stand up from your chair and hover there for ten minutes until a waiter deigned to notice you. I've had bad service, and bad food, before, but this was something else.

So we refused to pay what was clearly referred to on the bill as an optional service charge, on the (I thought) quite reasonable grounds that the service had sucked. That's when they started threatening to call the police. We said, fine, call the police. When they did, the police essentially laughed at them. "It's Hallowe'en," they said. "We're very busy, and isn't this an optional tip? Yes? OK, please don't bother us."

 

[Williebee]

Thanks, Yorkist. Thanks, Mark.

I've got no problem with the lawful restraint. It's the locking EVERYBODY in part that concerns me. Actually, here in Sillynois, it would be a health code/fire marshal event. There's those pesky "This door shall remain open during business hours." signs and such.