Couple Arrested for Refusing to Pay Tip

[CathrynRose]

I DUG through the plate scrapping garbage can (the one where we'd scrape the plate and drop it into the dishwasher area) because this horrible man, HORRIBLE MAN verbally attacked my best girlfriend - for losing his credit card.

My GF was a wreck! Sobbing. Did she lose it? Did she give it to another table? Did she drop it when she scraped a plate? (hence my bare handed digging in the garbage, which was a joy - as you can imagine. I worked at a Steak House. Yum! )

Where was the card? In his wife's purse. She picked it up, stuck it in her purse, used the restroom and didn't tell him.

Did he apologize for attacking my g/f? Nope. AND he had scratched out the tip on his original receipt he signed.

 

[DarthKTrava]

I'm out of the crazy post!! Everyone have a good night and Don't forget to tip your server

Only if they provide worthwhile service will they be properly compensated for it. Sucky service=no tip.

I wouldn't patronize that place if they're gonna arrest people for not tipping lousy servers.

 

[CathrynRose]

I work in an office and I cry frequently. People can be ugly on the phone, too. And I never get tips even though I work my tail off. But I do it anyway.

I've done tech support, too. I understand that. However, until you have served, you can't compare them.

No matter how ugly people got on the phone, I still got my pay.

 

[Lisa loves Pooh]

Because we are the only ones who know and have experienced how hard it is, how it is looked down upon and how absolutely foul people can be to us.

I'm 36 and been in an office environment for 10 years, now. I can tell you I've never seen any of my office workers, cry. HOWEVER, I have seen each and every single one of my female servers, break down after a customer was just plain ugly, to them.

I've cried after evil customers in retail.

However, I would never defend an entire workforce, b/c there is no work environemtn on this planet where everyone is 100% on the ball 100% of the time and never fouls up.

It just doesn't exist.

I.e. my pig snort waiter. Yep--my waiter made me cry. I can't say that I've ever made a customer cry in my life.

So knowing that a server can make a patron cry, I can only imagine that there is a distinct possibility that there are other servers, who just don't give a crap about their clients.

MOST servers I have, are good, many are great. But there are a handful--that really need to find a new profession.

 

[CathrynRose]

However, I would never defend an entire workforce, b/c there is no work environemtn on this planet where everyone is 100% on the ball 100% of the time and never fouls up.

.

I can tell you exactly why. Because of comments like this:

People are not required to tip. If they were, it would be added to the cost of the meal.

It's absurd, ridiculous, and IMO a cop-out. You (general you) know damn well you're expected to tip for good service.

But we've got people who believe that (comment) to some how be true, and it infuriates a group of hard working individuals.

 

[Papa Deuce]

Because we are the only ones who know and have experienced how hard it is, how it is looked down upon and how absolutely foul people can be to us.

I'm 36 and been in an office environment for 10 years, now. I can tell you I've never seen any of my office workers, cry. HOWEVER, I have seen each and every single one of my female servers, break down after a customer was just plain ugly, to them.

CR - my friend - this is not specific to servers. It is anyone who deals with the public.

Quick as I can make it story. 1992ish. I sell audio gear at a place like Best Buy. It is Christmas time... super busy. 75% of my earnings come from sales commission.

Every day I come in and check the warehouse to see what we have in stock, and I did as well, this particular day.

Anyway, a guy comes in looking for a lot of VERY expensive stuff. If I make the sale I probably make $300. If not, I get NOTHING. So, I finally get the sale... at least a verbal commitment. When I go to get all the stuff together, one set of the speakers I need have been sold. They were $1000 a pair, and I would have made $60 on these speakers alone.

Well, I go tell the guy that the speakers have been sold, but I can have them shipped to our store, or his house by the next day. Or, he can go to another store who has plenty of them in stock.

The guy KNEW I was on commission. I told him. When I informed him that we were out of stock, he said he didn't want to wait and would go to the other store and buy the WHOLE setup at that store. I reminded him that I was on commission and had just spent 3 hours helping him, and him alone, and that I would lose my commission if he did that.

He looked me dead in the eye and said ( Blank ) your commission, it isn't my my money or my problem. And he walked out the door.

He did go to another store and buy it... I was able to get at least half my commission because I called the other store's manager and explained what happened before the guy got there.

 

[Papa Deuce]

I can tell you exactly why. Because of comments like this:



It's absurd, ridiculous, and IMO a cop-out. You (general you) know damn well you're expected to tip for good service.

But we've got people who believe that (comment) to some how be true, and it infuriates a group of hard working individuals.

Yes m'aam. I agree. But you are not legally required to do so.

 

[merryweather20]

I suppose you think she was the only server, the one that disappeared completely, look when I need a refill I ask anyone at the time to get me one....or I might say to someone not my server...."would you mind, if you see my server could you ask him or her to get me a refill......simple. Just because I don't see my server don't mean I cannot track down an employee that I do see. After all she did indicate that she went to the bar to get a refill, if that had been me I would have told the bartender...hey someone is dropping the ball at our table....how about a manager?...again, walaa! No one calling the cops and certainly no one being led out in handcuffs.

You are mistaken. The one time I didn't tip, I had to hobble up to the hostess on crutches to grab silverware (and it went on and on). No one walked by, and yes it was in a busy restaurant. Once she got up to go to the bar, it didn't matter, she had to get up to go to the bar-> This is the whole problem.

I completely assure you they weren't sitting at the table doing jedi mind tricks to try and get the waitress to bring silverware.

 

[Lisa loves Pooh]

It's absurd, ridiculous, and IMO a cop-out. You (general you) know damn well you're expected to tip for good service.

But we've got people who believe that (comment) to some how be true, and it infuriates a group of hard working individuals.

In terms of the couple who was arrested--she has a point. The reason they will get off of this charge and charges dropped is b/c there is no crime.

I just cannot believe that most customers out there pull this stunt. But I could be mistaken. It just seems very far fetched...as far fetched as presuming all servers serve well.

They simply don't.

OINKING at your customer--whom you do not know--whom highly likely would be offended at such jerkish behavior..negates the rest of the service. I'm not required to tip for that.

However, it is only in extreme situations I am talking about. They exist, and if they happen, I am not going to tip them what they expect so that they get paid their fare wage. It just isn't how that works in this country.

Until the industry changes it to a living wage and that tips are purely "bonuses" for good effort, then there is the risk that a server will get punished unfairly by cheapskates and there is the risk that they will get rightfully shortchanged b/c they fell short of expectations.

The customers didn't make the industry what it is. And until laws change, then it will continue to be at the customers discretion--which is not always a good thing.

I feel for you. But I cannot be obligated to tip someone who treats me very poorly. I.e. oinking server. And I know it sounds like I am making that up, but I tell you, in a very empty restaurant, my cheeks turned bright red and I was mortified and the oh crap expression on his face did nothing for me. I couldn't eat anything else and the rest of my experience was soiled.

I didn't want to get him in trouble with his boss as I didn't know what his boss would do--maybe fire him? So I did what I thought was fair. He did not risk losing his job so much...but we didn't tip him. He had to understand that what he did was completely unacceptable and I promise you that he likely never made that error in judgement again.

You may feel what I did was wrong. But I'm okay with that. I only reserve that type of decision for extreme circumstances which thankfully are very few and very far between.

But I do not feel it right to tell any person that they should tip a server regardless--and while you may not have said it directly, it just really comes across that way and I cannot ever agree that for 100% of the time that a server should always be tipped a standard tip or even a minimal tip.

There are times where--the server deserves to get zero. In that one case--i felt that better than for me to be responsible for losing his job.

 

[CathrynRose]

Someone on that restaurant review site that I posted asked an interesting question:

Quote:
Second, I wonder if the IRS is aware of what they're doing. If that 18% isn't "optional", then I hope the IRS is reporting it as INCOME to them, and as WAGES to the waiters and waitresses. FICA has to be paid (both parts), along with income taxes/etc.

Comments? I don't know anything about how this stuff works...

You have to claim your tips, every night. So the answer to this person is - yes. As an FYI - anything on a credit card, is automatically claimed.

I'm completely baffled as to why this poster thinks servers are an underground community of non-tax-payers.

 

[CathrynRose]

I just cannot believe that most customers out there pull this stunt. But I could be mistaken.

OINKING at your customer--

***lots of snipped out stuff****.

Oinking at your customer would be an issue. I stated earlier - good service. I personally, might have told the manager.

But there have been blatant "we should not have to tip, ever" comments in this thread alone. Which leads me to your other comment.....

There are plenty of people who would pull this stunt. Just like there's plenty of people who don't feel they ever need to tip, ever.

 

[CathrynRose]

I had an older guy, on his own, one time. Everything seemed to be going well. He got his leftovers wrapped. I wasn't busy, so I don't *think* he was neglected, but who knows what was going through his head.

All I know is I didn't get a tip. And he stole my pen.

 

[CathrynRose]

Servers get a lot of 'verbal tips' too.

They'll tell you how WONDERFUL you were, sometimes even tell the host staff as they're leaving, sometimes even going as far as getting a manager and telling them.

You're thinking **dollar signs**. You pick up that check and..... What the.....

That's a "Verbal Tip"

 

[Lisa loves Pooh]

Oinking at your customer would be an issue. I stated earlier - good service. I personally, might have told the manager.

But there have been blatant "we should not have to tip, ever" comments in this thread alone. Which leads me to your other comment.....

There are plenty of people who would pull this stunt. Just like there's plenty of people who don't feel they ever need to tip, ever.

Well the thread topic is about a couple being arrested for not paying a tip they didn't want to pay b/c they received (in their view) poor service.

I've been reading the "we should not evers..." relative to a legal requirement. It truly is an option.

I believe it to be kind of a moral requirement--though that sounds heavy.
But by no means should it be a legal one. If the servers need legally guaranteed pay, it's time to make the tipping wage obsolete and place them under the umbrellas of hourly employee with everyone else.

 

[C.Ann]

Well the thread topic is about a couple being arrested for not paying a tip they didn't want to pay b/c they received (in their view) poor service.

I've been reading the "we should not evers..." relative to a legal requirement. It truly is an option.

I believe it to be kind of a moral requirement--though that sounds heavy.(But only if the patron has received the proper service from the server..)

But by no means should it be a legal one. If the servers need legally guaranteed pay, it's time to make the tipping wage obsolete and place them under the umbrellas of hourly employee with everyone else.

And I agree with the section of your post that I have bolded..

There have been a number of servers within my family and extended family and due to the exceptional service they have given their customers they have easily made more money in one night (take home - after their pay-outs) than many, many people earn in an entire week - and they only worked 3 nights a week to boot..

 

[Plannin'Shannon]

Well the thread topic is about a couple being arrested for not paying a tip they didn't want to pay b/c they received (in their view) poor service.

I've been reading the "we should not evers..." relative to a legal requirement. It truly is an option.

I believe it to be kind of a moral requirement--though that sounds heavy.
But by no means should it be a legal one. If the servers need legally guaranteed pay, it's time to make the tipping wage obsolete and place them under the umbrellas of hourly employee with everyone else.

I completely agree.

 

[kim929]

Last time I knew, it wasnt' a law to add the tip to parties of 6 or more, that is a company policy. For the police to arrest this couple on that is unbelievable.

 

[N.Bailey]

Boy, I"m really coming into this one late. I shoulda gotten off the restaurant forum. Those reviews over there just pull me in at times.

I waited tables for 10 years of my life. Actually 12 to be truthfully honest. I never ONCE cried (well that's not entirely true, I did keep getting teary eyed the last day I worked because I knew I wouldn't be seeing everyone all the time anymore). I LOVED my job and I did it as efficiently and as effectively as I possibly could. I was tipped well for the most part. There were a few people/parties that would come in when the whole crew knew wouldn't leave a dime and would run you like there is no tomorrow. Guess what? That goes with the job!! I can't say I was any happier about it than my co-workers, but we didn't go around whining to anyone that we were treated unfairly. We just sucked it up because it comes with the territory.

There were a few people who would over tip you too. On 2 occasions I refused the tips saying they were too much. The first time they left the $10 on the table on a $0.90 (they used my table to talk and only had coffee) check anyway and told my boss about it the next day. The 2nd time, the 2 girls put their $10.00 bill away and tossed a $20.00 tip on the table instead. That was like a 100% tip.

I once was tipped $37.and change (can't remember the change), by 1 guy who wanted a glass of wine with his dinner and I told him where he could get that in our town the following night (he asked if I'd be interested in moving to Tennessee too, but that's beside the point). His bill was under $20. Boy was I sorry I sent him elsewhere the next night.

The bottom line is, you take the good with the bad and crying foul gets you nowhere. I have only stiffed 1 server my entire life and that's because we forgot to leave the tip. I called immediately and informed management that I forgot, I got the server's name and I let it be known that I would be dropping a tip off for him because I had forgotten about it. Hubby thought I left it, I thought he left it.

I don't care if this couple is lying thru their teeth. Since the manager went on the record in saying he offered to comp meals, I tend to believe the couple, but it's not relevant. There is NO court that will find this couple guilty. Truthfully, most cops (I'm certainly not saying all) don't know the law as well as many of you probably think they do. That's just a fact. It's a sad fact, but it's a fact nonetheless. In this case however, even the police do not believe it will stand up in a court of law. That should tell you something. I can assure you, it will NEVER hold up.

The business deserves all the bad publicity it gets. In the end, they may even face a civil suit brought on by this couple. Think not? Do you realize how humiliated this couple could make themselves appear in a court of law? To be arrested for refusing to pay an unearned gratuity? ROFLMAO This man, IMO, is too stupid to be running any business.

 

[kim929]

You have to claim your tips, every night. So the answer to this person is - yes. As an FYI - anything on a credit card, is automatically claimed.

I'm completely baffled as to why this poster thinks servers are an underground community of non-tax-payers.

Yes your suppose to claim your tips every night but there are ways around it. The IRS figures your going to make a certain amt per hour in tips, add a little to that figure, and thats what gets claimed.

 

[N.Bailey]

I had an older guy, on his own, one time. Everything seemed to be going well. He got his leftovers wrapped. I wasn't busy, so I don't *think* he was neglected, but who knows what was going through his head.

All I know is I didn't get a tip. And he stole my pen.

When I was 18, I started working at a local diner. The hours are always great in the restaurant business for anyone working their way thru school (I'm trying to push my daughter in that direction now). This diner was so busy that you didn't have a chance to sit for 10 minutes the entire shift. I remember this particular night I had a lady yell at me on the way out, what do you do in all your free time? I just laughed and she did too. Once the crowd left, you were also the cleaning crew. Cleaning would take every server roughly 2 hours a night. If you wasted no time and stayed on it, you could have it all done for the most part by closing.

I was ready to walk out the door. It was like 3 minutes till closing (10 PM). In comes this guy. I take his order, talk to him a bit, go sit with my boss at the side table where they were at. I always did my best to never try to make anyone feel rushed. That door is open till we're closed and that last guest deserves the same respect that the first one got, IMO. I went back and checked up on him many times to see how everything was and asked if he needed anything. I'm telling you, the man got good service. It's not like he wanted for anything. He probably didn't even know we were closed and I certainly didn't tell him.

BUT, he didn't see me working when I wasn't at his table, so to him, I wasn't doing anything. As he left, he threw me a penny on his way out the door (the only penny tip I got in 12 years). I was PO'd, that I was, but I looked at my boss who was saying how rude he was, but I never even commented. I just told him to have a great day.

It goes with the territory. If that's going to break you, I think you're in the wrong business. Honestly, people like this man are a very tiny minority. If you want the good, you have to take the bad as well.

But, just because you're a waiter/waitress, does not mean you entitled to anything. If you want it, work for it. Most of the time it will pay off.