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."
How many "customers" pull up their blouses like the ones in those photos? Is that "normal" at your job?
No way do I pay 10% for poor service.
None of those are considered extra. But putting up with my sarcasm and bad humor and smiling and at least giving the illusion of liking what they do are things that are not required.
My beef is not with people who don't tip bad servers. Bad servers have not earned their tip. My beef is with people who get really good servers but don't tip them because they are already getting paid by the restaurant. At any rate, it's your business how you tip, or even if you do.
"Seems like human nature to me, want good service? "
Take a trip to Asia, the places that haven't been Americanized understand that service is a part of what you are paying for in the price. The higher class places almost take it as an insult, like you think they need a handout...
" Tip, tip alot and often and you will get great service. Don't tip and your meal will be cold and your beer will be hot."
Not going to help your sales,sales,sales providing that kind of service...
"But putting up with my sarcasm and bad humor and smiling and at least giving the illusion of liking what they do are things that are not required."
... dosen't EVERY job require those ?
"Well Boo Hoo Hoo, they get special consideration because they managed to reproduce? "You birth it, you own it," don't come whining to me because you got knocked up or chose to procreate with a loser."
I understand your point, but not all single mom's got knocked up or divorced. Some, like me, are widowed.
A few, it is a old East Texas bar yall know.
" This is why dining at places such as Olive Garden where the servers are actually paid decent wages + tips is always more enjoyable for Mr. Melbell and myself."
I've never actually gone there - have to check it out
(actually don't do a lot of eating out in this country)
I can tell.
Why don't you pay them more? Why aren't you paying them a "livable wage?"
I tried to tip a FedEx girl once. She informed me that they were not allowed to accept tips.
It might be Express. FedEx is actually split into a few different divisions. So have different rules. Some make hourly wages, others actually buy their routes. Honestly, I think my husband would be greatly surprised if he were tipped. He was excited to get a waffle bowl from Coldstone Creamery.
I used to go out and basically hog a table and talk with my friends much longer than most people used a table...because of this, I tried to make up for it in leaving a tip that would cover the extra time...
I have had jobs where I work for tips, and maybe that colors my thinking, but in my mind, not being as generous as I can afford to be and think is proper....would be like...like...being like a liberal! Like being like the state of Connecticut is with charitable contributions!
Have you not read the rest of this post? I am not a restaurant owner! Second of all, if restaurants pay their servers "livable wage" then menu prices will soar. It is actually beneficial to you, the customer, to be able to determine how good the service was and tip accordingly. All I have been saying this whole time is go into restaurants with an open mind and be sympathetic to servers. All too often people go to restaurants with a chip on their shoulder and consider having to wait a few minutes "bad service." I'm not excusing all bad service, because I myself have experienced it and tipped accordingly. JUST GIVE US SERVERS THE BENEFIT OF THE DOUBT SOMETIMES.
"I can tell."
From what you've said, that entitles me to crummy service. I am not a "known" big tipper as I don't frequent the same places often ( I could eat in a different restaurant each week for the rest of my life in my city ), and should I happen to look like someone who stiffed them, the crummy service might be intentional.
You've given me good info, no sense being generous as it won't get any better service in any case ( that's your reason for tipping isn't it... to buy better service next time ? ) - and the owners don't give a damn about the customers or the employees - it's sales,sales,sales
Well, you are spinning things a bit, but I think you've got it mostly right. A nice tip will get you better service next time. The owners don't give a damn is a little over the top, it pretty much depends on who is serving you. If it is a known good worker then yea, the owner/manager will not believe you if you complain.
I just throw in one last thing. Most of the people that wait on you are getting pay very little by the business. No where near enough to live on, they depend on that 15 or 20 percent tip. Without it they won't be able to put gas in the car, feed their kids or pay their rent. Plus they are paying taxes on it weather you give it to them or not. Some places like mine pay better cause we want a better staff, but even then the tip is hugely important to the servers financial wellbeing.
We can probably agree that the system is not prefect but the system works and everyone including you know exactly what is expected from all parties concerned.
If everyone stopped tipping the system would collapse and bartenders and waitress all over the country would be out on the street.
I am not saying you should tip a lousy waitress or bartender, but if you get acceptable service then leave an acceptable tip, that is our system, so until it changes play by the rules.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.