Posted on 11/10/2004 12:29:27 PM PST by billorites
A $2 tip on a $77 restaurant bill may be cheap, but it isn’t criminal. So says a New York state district attorney, who declined to press charges against a man who refused to leave a restaurant’s required gratuity of 18 percent for large parties.
Humberto A. Taveras’ arrest on Sept. 5 came under New York’s theft of services law, which carries misdemeanor charges. With a party of eight, the Long Island man dined at Soprano’s Italian and American Grill, a Lake George, N.Y., restaurant that applied the tip policy to parties of six or more.
(Ironically, The Sopranos, HBO’s television series, had a recent episode involving a dispute over a gratuity for a large party of mobsters. That dispute ended in the macabre, with the waiter being killed in the argument.)
Ultimately, the case boiled down to language. Soprano’s restaurant described the policy on its menu as a "gratuity," which by definition means "discretion," says Kathleen B. Hogan, the district attorney of Warren County, who ultimately decided to drop charges against Taveras.
She mentions a Southern District of Indiana ruling in which a judge found that a tip or gratuity was strictly within the customer’s discretion and payment could not be forced. U.S. v. Indianapolis Athletic Club, IP90-1783C.
Had the service been written as a surcharge rather than a gratuity, Hogan probably would have prosecuted the case.
"It really did turn on the word," she says, adding that under restaurant policy, the tip should have been nearly $14. "It’s not like they didn’t leave any tip. They just left a smaller tip than you would want."
That’s for sure, say attorneys who represent the restaurant industry. On average, those interviewed for this article say they tip at least 20 percent.
"The whole reason so many restaurants do have notice is because this historically is a problem," says R. Rogge Dunn, a Dallas lawyer and former pizza restaurant assistant manager. "You get a large group that splits the tab, and some people are chintzy on the amount they’re going to leave."
Al DeNapoli, a Boston lawyer who represents the hospitality industry, says this is the first time he’s heard of someone being arrested for poor tipping.
"I’m surprised it was pushed this far, but there are people who are bad tippers all the time," he says. "Whether this is the case here, I don’t know."
Hogan says Taveras was unhappy with the service and said it did not warrant an 18 percent tip.
DeNapoli, who waited tables as a law student, says that not tipping, even when service is bad, may not be the best solution for disgruntled diners. Servers’ salaries depend on tips, he says, and they often share the money with busboys and dishwashers. Instead, DeNapoli advises you to speak with management about the situation or to "talk with your feet" and stop patronizing the restaurant.
Having someone arrested for poor tipping may also not be the best solution, even if it’s a fantasy scenario of many servers.
"You might have a decent civil suit against them, but whatever you would win in that case would be far outweighed by the adverse publicity," Dunn says. "My advice would be to look at the bottom line, and let it go."
Lake George is a resort town, and according to Hogan—herself a former waitress who always tips 20 percent—the publicity they’ve received from the incident concerns many restaurant owners there. Some of them, she says, changed their language from "mandatory gratuity" to "service charge" on large party bills.
"They want to make sure their employees are getting compensation," Hogan adds, "and make sure they’re following what obviously is the law in a federal case."
We think alike, there are few things as welcome in a mans world as a friendly reception at ones favorite watering hole. This is a you scratch my back I'll scatch yours world, play the game and you will be rewarded. Don't play or play by your own selfish rules? Then don't be surprised when your service sucks.
"I don't have time for Ann Rand libertarian BS posters like you. Go pound sand."
Good customer relations - what did you expect, a tip ?
Go kiss up to customers you don't give a damn about as long as they tip enough to keep your employees from actually finding out how little you care about their welfare.
Never heard of that before but it is a great idea. I'll bet you and your client get treated like royalty. Really good, excellent idea. You are one smart man (woman?).
Man ... last time I checked.
yea, yea, yea funny how you Ann Randers think yall know everything but really don't know squat.
you mean like what the meaning of the word is is?
CD :)
"yea, yea, yea funny how you Ann Randers think yall know everything but really don't know squat."
Did I hit a nerve ?
All you keep saying is that customers have to pay extra if they want to enjoy themselves at your resturant.
You publish a price, but at the same time warn that if you don't pay more as you leave, your next visit will be crappy.
Isn't that like saying... we charge $18 for a steak, but if you expect it to taste good next time we see you, you better pay us an extra $4.
That attitude will not encourage the server to come around and check on your drink level to make sure you always have a fresh drink.
"That attitude will not encourage the server to come around and check on your drink level to make sure you always have a fresh drink."
But that server attitude should encourage the owner to look around for another server ...
Yes, but I own a bar not a restaurant, we do serve food but our primarily business is serving drinks. For the life of me I can't understand the objection to rewarding an excellent staff for providing excellent service. Just what is the problem you have with leaving a tip?
TIP = To Insure Prompt Service.
Nope, owners (like me) look at sales, period. Sales, sales, sales. If the sales are good, then owners don't give a damn about customer complaints. If the sales are bad then owners don't give a damn about customer compliments. Sales, sales, sales all the rest is noise.
"Nope, owners (like me) look at sales, period. Sales, sales, sales. If the sales are good, then owners don't give a damn about customer complaints. "
Thanks for being honest a bit at least... "owners don't give a damn about customer complaints."
Now why ? Could it be that as long as sales are good YOUR income dosen't change when your customers are provided bad service ? ALL complaints are paid for by your servers in the form of lower tips ?
That's the dirty little secret isn't it ? That as long as you have free workers who take the financial hit for everything that goes wrong that should be YOUR responsibility, the system will never change.
But at least you made my point - a server who does not insure that the customers have quick refills is cutting into YOUR sales, and should not last long ...
"For the life of me I can't understand the objection to rewarding an excellent staff for providing excellent service. "
Let me ask you... how many times have your servers gotten a bad tip or stiffed because of things that THEY have no control over... Things that are YOUR responsibility ?
Sorry,Sally didnt show, so we're understaffed... Sorry, the kitchen is backed up... Sorry, I'll get you a new fork ...
Could your restaurant survive if management worked for tips ?
Do you condone your servers giving crappy service to a new customer who just happens to look like the last guy who stiffed her ?
YOU hire them, YOU tell them what to do, if they don't provide excelent service its YOUR fault - YOU are the one who should take the hit.
Here's a crazy idea: how about we agree on a price for service (be it dinner or software) before the service is rendered, and the customer pay the provider the agreed-on amount upon completion of services?
Here's another crazy idea: how about the customer have the option of paying more than the agreed amount if the service exceeds expectations and the customer chooses to reward the provider?
Look: I walk into a restraunt and see a price for an entree. I buy the entree. Included in that price is the services rendered by the matre d', waitress, cook, another cook, busboy, dishwasher, janator, and owner. Why am I expected - without agreement, request, or discussion - to give one of the personel involved more money? especially as there is no apparent way to tip any of the others even if I want to?
Your attitude and line of reasoning is pushing me toward giving up tipping entirely (save any outstanding service).
And vice versa: how many times have servers gotten big tips because of things that THEY have no control over - but ther person who provided outstanding service did nothing?
I'm reminded of the most expensive meal I ate, where the waitress got a fat tip - she did nothing different than the waitress who brought me a cheap fish fry last night, but the former got over $15 tip while the latter got $2 for doing the same thing ... only the value of the product transported was different.
We don't object to rewarding the providing of excellent service. Do extra well, I'll tip.
We object to being compelled to pay extra for average or mediocre service.
Why should I reward someone for simply bringing me food when that's their job?
The waiters I had at Hunan Empire in North Syracuse NY and Pfeiffer State Park Restraunt in Big Sur CA were outstanding and deserved the big tips they got (so much so I'm still telling people about them years later). What I don't get is why I should do the same for the hundreds of other servers I've had who simply took orders and brought food as is their job; doubly so for those who performed less than expected.
I', sorry but I disagree a little. There are some servers who will go out of their way to make sure that your meal is an enjoyable one. There are some who just deliver the meal only to be seen again delivering the bill. There are some who just take the order while someone from the kitchen delivers it (this happened to me Friday night). The first server would get the tip. The 2nd and 3rd would get none. Like the poster said, it is something earned. When these folks are hired they are aware of the wages that they will be paid by their employer. If they want more from the public than they had better make sure that they are at tip top in terms of service. And yes, I can state this as a qualified opinion as I STILL wait tables occasionally for a friend in his restaurant.
Hmm I do tend to be able to kick butt with just a feather, just curious about your comments, does that mean you think my method, er ... um ineffective? I would contend it is enormously so.
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