Think twice before you refuse that mandatory gratuity.....

[jpeka65844]

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

 

[Launchpad11B]

Nonsense.

 

[Kimberle]

I saw that. Then it is not a gratuity, it is a service charge. A gratuity is what you give for good service. If the service is good or bad, you adjust the gratuity.

There is a restaurant in the Lake George region who did this as well. I don't remember which one so I won't visit that region.

 

[peemagg]

I hope that the judge throws it out and then encourages the couple to take the restaurant to court for their studipidity in this and that the couple gets money out of the restaurant. They need to be taught the difference between gratuity and service charge. Maybe when it hits them in the pocketbook, they will understand.

 

[catycatcat4]

Wow if a waiter does a crapy job they don't deserve it.

 

[trivial]

I was reading about this last night, and it made me angry. I hope they take the restaurant owner to court, perhaps along with the police. I had also read that a legal precedent had been set that confirms that mandatory gratuities are not legally enforceable; a gratuity is optional and without obligation by definition, as it should be.

 

[Disney Khi]

I saw that. Then it is not a gratuity, it is a service charge. A gratuity is what you give for good service. If the service is good or bad, you adjust the gratuity.

You are absolutely right. Too bad the restaurant doesn't understand this. This situation is idiotic.

 

[natale1980]

So they were too busy to provide good service, but they had plenty of time to call the police and go to court?

Sounds about right!
-nat

 

[Renysmom]

This is certainly great publicity for the restaurant.

I wouldn't visit that place now no matter what. Talk about shooting one in the foot...

 

[doconeill]

Wow...just...wow.

And the cops even took them away for it?? Well, they kind of have to if the manager says they are pressing charges, I guess.

They offered to comp them for the food, but pressed theft charges for not paying the gratuity. Uhhh...yeah. "We'll give you the food for free, but we'll have you arrested for not paying the gratuity." Perfect sense to me.

The couple should press charges against the restaurant, or they should at least be charged for filing a false report.

 

[pilgrimr]

It is poor management if the place was too busy for the couple to get reasonable service. It is terrible for the pub manager to expect them to pay for the poor service. I don't believe that he was willing to comp the meal because if he was willing to do that the why fight over 14 dollar tip. I also can believe the police officer arrested them on this. This will be some really bad publicity for the restaurant that they don't need in this economy.

 

[rotlex]

I used to live in Bethlehem. (Not that that matters, just sayin'...now live a few towns over).

This is really unbelievable to me. I really have to wonder if there is not something missing in this report. I mean jeez, I would think the right lawyer would have a field day with this. If it is in fact true, here's hoping the restaurant goes out of business, and the city, well, let's just say a HUGE apology should be in order.

 

[katscradle]

I can't believe this!
Where I come from a tip is not mandatory first off.
Second a tip is an incentive for the waiter/waitress to provide good service.
If the tip is manditory then it is not a tip.
Also if it is manditory then there is no incentive to provide good service!
I hope the restaurant gets the book thrown at them.
You didn't have time to provide good service, or great service, but they have the time to have people charged.
As for comping the food I doubt it. (That doesn't sound right!)
Someone please keep us posted on what happens please!

 

[trivial]

Looks like the Internet, in conjuction with karma, is paying it forward:

http://www.yelp.com/biz/lehigh-pub-bethlehem

 

[doconeill]

Hmm...one thing I missed in the original reading...they were part of a party of 8. How they ended up with a bill for only $73 I have no idea (I would have had more than my share after two beers at current prices). But as we have seen more and more places are posting a "mandatory gratuity" charge of 18% on parties over a certain size. These places seem to think that placing the word "mandatory" in front of it makes it non-optional, but every definition of the word "gratuity" says otherwise, making the phrase an oxymoron.

Of course, the courts will need to decide what it means.

Now, if it said, "mandatory service charge", would that have changed things?

Certainly, its POOR BUSINESS for allowing the charge to stand when the customers disputed it and it was NOT ARGUED that the service was in fact poor.

 

[Cyrano]

Is is crazy. What a waste of police and court resources.

 

[Disneybridein2k3]

I was reading about this last night, and it made me angry. I hope they take the restaurant owner to court, perhaps along with the police. I had also read that a legal precedent had been set that confirms that mandatory gratuities are not legally enforceable; a gratuity is optional and without obligation by definition, as it should be.

I love one of the yelp reviews that said, "Worst. Business. Plan. Ever." I agree with that completely. And if the couple chooses to pursue legal action against the business, that would be their right (although the business going to hell in a handbasket overnight has got to be the best satisfaction ever). But I do have to weigh in on one thing - the police didn't choose to place the charges in this non-existent theft. The business owners would have to have made the decision to file charges and the police would be acting on it. It is the reason we have a judicial system - the police don't get to decide if you are guilty. Just wanted to clarify because many folks are taking the police for a walk and they are just doing their jobs.

 

[peemagg]

I found it interesting that Yelp is getting rid of reviews that it doesn't like.

 

[MaryKatesMom]

I give the place 2 month's tops.

Regarding the "mandatory service charge" on the menu. Would you be required to pay for a hamburger you did not recieve? If you are charged for a service, then it better be provided. If the lawn care guy only mowed half my lawn would I pay him?

If you are going to charge a service fee then you must provide the service.

 

[dpuck1998]

If there is right in the world this place will be shut down from lack of customers in 6 months.