Family says restaurant locked them inside over tip refusal

By jnelsoninjax
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Grand Master

jnelsoninjax

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HOUSTON -

Jasmine Marks said she was trying to enjoy dinner recently with several friends at La Fisherman, located at 1935 Highway 6 South. She said the service was less than stellar; the wait staff was rude, their drinks didn't get refilled and they didn't receive their entire order.

When the bill came, Marks said there was a problem. The restaurant added an automatic 17 percent gratuity because their party had more than five people in it, but Marks didn't feel like the staff earned the full tip so she asked to speak to a manager.

"We asked her, could the gratuity be removed? Could we give our own tip? She said it was part of their policy and there was nothing she could do about," Marks said. "If you're not satisfied with the service, you shouldn't have to pay gratuity."

The gratuity policy was clearly marked on the restaurant's menus. But Marks said when they questioned it the workers wouldn't let her or her friends leave; she claims they locked the door and called the police.

"She was like, 'You have an unsettled bill and ya'll can't leave until you pay it,'" Marks said. "We paid our bill for what we ate, we paid the bill."

Marks said it was only the 17 percent tip they were questioning.

"She said, 'That's fine. If you don't want to pay the gratuity we have HPD outside,'" Marks said. "I asked the police officer twice, maybe three times, is it against the law if we don't pay the gratuity and he never gave me a straight answer."

The on-duty manager at La Fisherman Restaurant told KPRC Local 2 they usually don't have a problem with people paying their gratuity, it but admitted they have called police for this type of issue before.

That action has gotten the attention of Houston's Better Business Bureau who said they are now looking into the complaint.

Dan Parson, president of the BBB, recommends customers know the restaurant's policies before they sit down for a meal.

"Consumers need to understand the policy going in," he said. "I mean every sign walking in the door. What credit cards do you accept, not accept? What are your hours? Seventeen percent gratuity for the six of you? If you don't like it, leave."

But his message to restaurant managers is this: "They call it the hospitality business, I know you love food, but you got to love the people who eat the food."

In the end, the family ended up paying the 17 percent gratuity because they wanted to avoid any further problems.

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Grand Master

Growled Member

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The on-duty manager at La Fisherman Restaurant told KPRC Local 2 they usually don't have a problem with people paying their gratuity, it but admitted they have called police for this type of issue before.

I bet. That would have been my last time to eat there. I determine what the tip is going to be, not the restaurant.

Grand Master

Mr. Gibs

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What is it with you Americans and tips? Don't you get paid or something? Jeeze..

In most states an employer can pay their employees well below minimum wage if they can make up the difference in tips.

In a few states (like Oregon) this is illegal but people still tip out of habit.

In my opinion, tipping is retarded but hey I don't set the laws.

Grand Master

HoochieMamma

Posted
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In most states an employer can pay their employees well below minimum wage if they can make up the difference in tips. In a few states (like Oregon) this is illegal but people still tip out of habit. In my opinion, tipping is retarded but hey I don't set the laws.

That's absolutely disgusting, why isn't it illegal to do that everywhere in the US?

Grand Master

Mr. Gibs

Posted
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That's absolutely disgusting, why isn't it illegal to do that everywhere in the US?

I have no idea, but if I had to guess it's because of lobbying. But here's the list of states and what their minimum wage is:

http://www.dol.gov/whd/state/tipped.htm

As you can see in some states your minimum wage is $2.13 if you get tipped.

Grand Master

FloatingFatMan

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In the end, the family ended up paying the 17 percent gratuity because they wanted to avoid any further problems.

Source

This will end up costing the restaurant way more than that 17% tip. You can bet this family will never eat their again, they'll tell their friends never to go there again, and anyone reading this article is unlikely to ever go there again. That's going to add up to a lot of lost business.

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Squirrelington

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This will end up costing the restaurant way more than that 17% tip. You can bet this family will never eat their again, they'll tell their friends never to go there again, and anyone reading this article is unlikely to ever go there again. That's going to add up to a lot of lost business.

Indeed, plus 5 seems pretty low to tack on automatic gratuity anyways. Most places I have been state if the party is 7-8 or more.

The last fine restaurant I went to the server actually asked us if we'd prefer he place a percentage for the gratuity on all of our bills or if we'd prefer to pay gratuity ourselves. We ended up choosing the gratuity on the bill but I was quite impressed with their service so I gave him an extra tip in addition to what was on the bill.

Grand Master

McKay

Posted
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In a few states (like Oregon) this is illegal but people still tip out of habit.

Tips should be given if the service was Exellent, and the server really made an effort to attend to my needs.

Grand Master

ylcard

Posted
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What is it with you Americans and tips? Don't you get paid or something? Jeeze..

It's not just America (I think you meant to say USA), we (Israel) have the same problem, and while I sympathize with the waiters, I don't always tip, especially not 17% !

I was beyond ****ed when a bartender asked me (with a shocked expression on her face) for a tip, like.. the nerve ><

Grand Master

_neutrino Veteran

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heard about this on the radio this morning. honestly i do not think that they should have been locked in however, i do think they should have just paid it as it was posted on the menu and as soon as they saw it, if they did not like it they could have just gotten up and left.

Grand Master

ILikeTobacco

Posted
Posted

The reason we have tips in the USA is because with tips, they have the ability to earn much more than the restaurants could ever afford to pay them. On minimum wage, you are lucky to take home $1000 a month after taxes. With tips, most of my friends make over $600 a week before taxes.

Grand Master

jnelsoninjax

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Currently the Federal Minimum wage is $7.25 /Hour for standard employees, this is the minimum that can be paid.Texas has a waitress minimum wage of $2.13/hour which means that they have to make $5.12 in tips per hour in order to meet the federal minimum wage (and the states rate also).

Grand Master

neufuse Veteran

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Currently the Federal Minimum wage is $7.25 /Hour for standard employees, this is the minimum that can be paid.Texas has a waitress minimum wage of $2.13/hour which means that they have to make $5.12 in tips per hour in order to meet the federal minimum wage (and the states rate also).

and at a busy resturant a good waiter / waitress can make hundreds of dollars an hour... even at slower ones you can make a good bit over $8 an hour in tips... I've sene waitresses come out somenights at good places with rolls of cash from tips...

Grand Master

neufuse Veteran

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I dont tip ever but if it is clearly posted on the front door, you have to pay.

to call it a tip and say you have to pay is bogus, a tip is saying you get paid for good service.... if you HAVE to pay it they are required to figure it into your final bill as a line item... then you can't weezel out of it because it was part of your bill which they usually list as "gratuity included at rate xx%" but then we all know when its billed in a bill the owner probably doesn't give all that money to the wait staff... as opposed to money left on the table for them directly

Grand Master

Stoffel

Posted
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heard about this on the radio this morning. honestly i do not think that they should have been locked in however, i do think they should have just paid it as it was posted on the menu and as soon as they saw it, if they did not like it they could have just gotten up and left.

Maybe they wouldn't have mind paying the 17% if the service was at least decent.

I don't mind tipping, but I expect at least a good service then.

Grand Master

Chicane-UK Veteran

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Different rules here in the UK. You don't HAVE to tip. But invariably if service is good I tip to a minimum of 10%.

Locking people in for not paying a gratuity is a disgrace and a fatal error given how quickly news like this goes viral. I think this will hurt that restaurant WAY beyond the 17% they should have made!

Grand Master

Rohdekill

Posted
Posted

Not to defend the restaurant, but ALMOST every one I've ever been to has a policy on web and in the menu that parties over (#) amount include (%) tip added to tab. As a patron, you have the opportunity to tip more for excellent service. But the mandatory markup is usually based on the need to consume multiple tables which would have been used by others, reducing tips for the server over a given point of time.

Had the service been as bad as it appeared, the manager should have been asked for and the tab reduced to reflect the missing food/drinks. However, the mandatory tip remains - it just comes out lower due to the markdown on the tab.

On a separate note - I always see people tip based on the total due. Why would you calculate tip based on a tax amount?! You tip based on sub total, before taxes.

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