Not Paying Tip Can Land You in Jail?!

[dr.mel_PT]

Couple Busted for Refusing to Pay Tip
Patrons claim service was so bad, they had to get napkins and silverware for themselves
By DAVID CHANG
Updated 12:20 PM EST, Thu, Nov 19, 2009
http://www.nbcphiladelphia.com/news/local-beat/Time-In-Prison--70426052.html?yhp=1


If you’re frustrated by poor service at a restaurant, think twice before you decide to not tip. You may be in for a bit more than just a dirty look from the waiter.

"Nobody, nobody wants to be forced to pay a tip or be arrested for terrible service," Leslie Pope said when her happy hour ended in handcuffs.

Pope and John Wagner were hauled away by police and charged with theft for not paying the mandatory 18 percent gratuity totaling $16 after eating at the Lehigh Pub in Bethlehem, Pa. with six friends.

Pope claimed that they had to wait nearly an hour for their order and that she had to get napkins and silverware for the table herself.

“At this point I became very annoyed because I had already gone up to the bar myself to have my soda refilled because the waitress never came back,” Pope said.

After the $73 bill came, the group paid for food, drinks, and tax but refused to pay the tip. After explaining the bad service to the bartender in charge, Pope claimed he took their money and called police. The couple was handcuffed and placed in the back of a police car.

“I understand that, you know, we didn’t pay the gratuity, but it was a gratuity, it wasn’t something that was required,” said Wagner.

The owner admitted that the group waited unusually long for their food, but said the pub was extremely busy that night. He said managers offered to comp the food, a claim the couple denies ever happened.

“Obviously we would have liked for the patron and the establishment to have worked this out without getting the police involved,” said Deputy Police Commissioner Stuart Bedics.

Police charged them with theft since the gratuity was part of the actual bill. However, it is doubtful that the charges will hold up in front of a judge. The couple is scheduled to appear in court next month.

Wow, that is sad. Isn't the definition of gratuity a gift?! How is it mandatory? You don't get a paycheck if you don't do your job, so you shouldn't get a tip if you don't do it, end of story.

I also read something today that there are fines being passed out in some parts of the country for people hanging dirty laundry outside because it makes the areas look trashy. Seriously, people have nothing better to do with their time?! This is just getting scary...

 

[Zozo]

I totally agree! Service charge isn't written on our bills in England, but if you don't tip, you wouldn't want to return, the staff are that snotty with you. But a tip should be a REWARD for GOOD service, not just a standard add on to your cheque! Then it's just like putting the prices up! It's rediculous!

 

[jonahnah]

The gratuity was mandatory for parties of 8 or more. If it's mandatory, and was clearly stated, I don't see how this couple can refuse to pay it. Everyone who's ever eaten w/ a large party on a busy night can get slow service.

Why didn't they ask to speak to the manager first before deducting the mantatory gratuity tip from their bill AND why didn't manager investigate further before calling the police? ITA that it's a waste of police time.

 

[kali1]

Wow, that is sad. Isn't the definition of gratuity a gift?! How is it mandatory? You don't get a paycheck if you don't do your job, so you shouldn't get a tip if you don't do it, end of story.

I also read something today that there are fines being passed out in some parts of the country for people hanging dirty laundry outside because it makes the areas look trashy. Seriously, people have nothing better to do with their time?! This is just getting scary...

You're right....gratuity is a gift and not a requirement. It certainly makes you want to check the resturants policy before ordering anything that's for sure.

 

[ldy_solana]

somebody did make the point that it was a large party but usually there is something clearly stated that larger groups have to pay a gratuity fee. but its not all places its usually up to the establishment. who knows the lack of communication in this but i agree they should have told the manager.but busy isn't always an excuse,sorry but working in food service for 15 years and my husband doing it for over 20 years,busy is not an excuse for poor quality, its part of the job. if employees were having a hard time then you apologize to your customers offer then a free appetizer or something to keep them calm. sometimes a free little thing like a free drink keeps them satisfied and goes a long way on getting your tips. JMO but both parities have some blame in this and should just accept it and learn from it.

kassia