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Restaurant Complaint Letter


Panthro

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It's totally legal for them to put it in the bill. It's also totally legal for you to refuse to pay it, and they can't "make" you pay it. That was my point. Not that it's illegal to actually charge you to begin with.

You are still completely wrong. Asked 2 attorneys in my office and they confirmed that I am correct.

Your logic would say that it is legal for them to charge you for an appetizer....but they can't "Make" you pay it. Guess what? They can.

By posting that they charge the gratuity, it becomes a part of the cost of your order.....the same as if they charge you for drink refills....or for any item on the menu. It is no longer a discretionary tip.

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You are still completely wrong. Asked 2 attorneys in my office and they confirmed that I am correct.

Your logic would say that it is legal for them to charge you for an appetizer....but they can't "Make" you pay it. Guess what? They can.

By posting that they charge the gratuity, it becomes a part of the cost of your order.....the same as if they charge you for drink refills....or for any item on the menu. It is no longer a discretionary tip.

Like I said as well. I've seen cases where it was upheld for the restaurant and other cases where the customers position was upheld. I've never actually seen one form NC though. In Philly apparently they can arrest you for theft for refusing to pay it, just depends.

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As it turns out, a tip is just a tip, even if you put "mandatory" in front of it.

Charges were dropped yesterday against a Long Island man who was arrested last week for failing to leave a required 18 percent gratuity at Soprano's Italian and American Grill in Lake George, N.Y.

The Warren County district attorney, Kathleen B. Hogan, said that she had determined that the man, Humberto A. Taveras, could not be forced to pay a gratuity.

Ms. Hogan said, "A tip or gratuity is discretionary, and that's what the courts have found."

But the dispute over a tip of a few dollars still cost Mr. Taveras, 41, of Roslyn Heights, several hundred dollars in legal fees.

"Basically, they stated that you can't enforce a gratuity; it's voluntary," said Mr. Taveras, who was on a train going home from Manhattan yesterday evening while his lawyer completed paperwork in Lake George, 60 miles north of Albany.

On Sept. 5, Mr. Taveras and his party, which included his wife, Marie, another couple, and the five children of both couples, were charged $77.43 for their meal, and an additional $13.73 for a tip.

Joe and Tina Soprano, the restaurant's owners, said the party of nine had not paid any part of the 18 percent gratuity required of all groups of six or more. Mr. Taveras said he had left a 10 percent tip.

The Sopranos summoned the police, and soon Mr. Taveras was arrested and charged with theft of services.

Mr. Taveras said he had seen no notice of the tipping policy on the menu, although Mr. Soprano said it was included on all menus. But Mr. Taveras said that the group had decided the food was not particularly good, and so did not pay the 18 percent.

Mr. Taveras was taken away in a police car, fingerprinted, subjected to national publicity. He said he eventually paid his lawyer a few hundred dollars to pursue the matter.

http://www.nytimes.c...ipper.html?_r=1

Case upheld for the customer.

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Couple arrested in Philly

http://www.nbcphiladelphia.com/news/local/Time-In-Prison--70426052.html

Their charges were also dropped.

Bethlehem Township police dropped theft charges against two college students who refused to leave a tip at a Lehigh Valleyrestaurant for what they said was lousy service.

John Wagner, 24 and Leslie Pope, 22, were hauled off to jail and charged with theft last month after they refused to pay a $16.35 mandatory service fee charged by the Lehigh Pub on East Fourth Street. The couple only paid $73.87 of the $90.22 bill.

The pair, who ate at the now infamous pub with six of their friends, claimed they waited more than an hour for their order. Pope claimed she had to go to the bar to get her drink refilled and pick up her own silverware.

Northampton County District Attorney John Morganelli said Pope and her friend were right and recommended to Bethlehem police that the charges against the couple be dropped, according to theAllentown Morning Call.

http://www.nbcphiladelphia.com/news/local/Theft-Charges-Dropped-Against-No-Tip-Couple--71865807.html

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When I'm at a restaurant and I see a table near me being assholes to servers (it's sickening how often you see this too), I usually go out of my way to talk about those people in a not so nice manner with my voice projected in their general direction.....discretely of course.

I do the same. There is no excuse for people to act like that. It's crazy because I see people do it in front of their friends and family. You would think they would be embarrassed.

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Totally understand where you're coming from. I had this expereience about 2.5 years ago. I went to my favorite place and ordered a real expensive meal for two. I think it was rib eye steak. The bill was like 60-70$. Anyways I always ate therere and loved the place. That nigth was a nightmare. The waiter was some flaboyount ***** was more interested in conversating than doing anything for the table. The food was discusting and I could see why, it had probably been sitting for a while while loverboy tried to romance any penis that wlaked in.

I could take it. I didn't care. If it I cared a little I might have just insulted him. But, my lovley lady of 7 years was dressed up and looked nice for the occassion and she was treated like straight up dirt. She asks for ketchup and he tells her to wait and never brings it, the entire night. No refills, other waiters are being asked for them. Spilling my girl's food everywhere. I'm not going to go through everything that happend, the main thing was the way my girl was treated. It was hard to sit there and watch my lady get in a worse mood and feel like crap because of the way she is responded to.

That ticked me off and I showed a lot of restraint, maybe gay guys just loose a sense of how to treat a lady when they think they're one, but that night was aweful.

Gratuity wasn't added on but I refused to pay anything than what the food costs just to remain respectable and specifically told the manager why and also told him that it wasn't just the night that was ruined, or my girl disrespected it was als the fact they had always been a good place I went every month and I have not been back since.

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I generally tip well because while I do not work as a waiter I do work as a River Guide and depend on tips as well, but for what I do and what I get tipped may surprise you, one reason is if I get shitty service you get a shitty tip, if I get good service I give good tip.

in the last year I've only not left a tip once and at the same time left a tip for a meal that would have been about 80% because of great service.

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