Man Arrested After Leaving Small Tip Fri Sep 10, 5:51 PM ET LAKE GEORGE, N.Y. - A New York City man accused of leaving an inadequate tip at a restaurant was arrested, fingerprinted and photographed for a mug shot. Humberto A. Taveras, 41, faces a misdemeanor charge of theft of services after he and his fellow diners argued with Soprano's Italian and American Grill managers over the legality of requiring an 18 percent tip for large parties. "They chased us down like a bunch of criminals," Taveras said. "It killed our weekend." Taveras and eight others had pizza at the restaurant Sunday night. He told the Glens Falls Post-Star they weren't completely satisfied with the food and left a tip of under 10 percent. Taveras said they also were not told of a mandatory 18 percent gratuity for parties of six or more and did not see notice of it on their menus. Restaurant owner Joe Soprano said all the menus have the notice, and the waitress informed the group. He said he did not choose to pursue charges because of the money, but because Taveras' group was obnoxious. "It's unfortunate it has come to this, but this guy was rude and abrasive. They practically threw food at us," Soprano said. Taveras plans to fight the charge. He was issued an appearance ticket and was scheduled to appear in town court Thursday. The arrest raises the issue of whether the gratuities that restaurants automatically tack on for serving large groups are legally enforceable debts. Warren County Sheriff Larry Cleveland said he did not believe the issue had been litigated before in New York. He said the case could turn on whether the person is notified of the tip requirement beforehand. "It's not a black-and-white issue," Cleveland said. "It will be very interesting to see where it goes in court." http://story.news.yahoo.com/news?tmpl=story&cid=816&e=2&u=/ap/20040910/ap_on_fe_st/small_tip_arrest --------- SamFisher, what's your take on this from a legal perspective?
I don't see why people have to leave tips. Just adjust the prices so that you can afford to pay the employees more. It will really make things much simpler on everyone.
I agree. I think tipping (and the obligation to tip and expectation to be tipped) in the US has gone to ridiculous levels in some areas. Also, I still don't understand why companies are not required to show the final price (including tax and tip). It just makes it more intransparent for the customer what he actually has to pay. I guess people are used to it in the US, but it's different in most other countries in the world...
Here is Mr. Taveras' offcial comment on the situation: I'm very sorry the government taxes their tips, that's f*cked up. That ain't my fault. It would seem to me that waitresses are one of the many groups the government f*cks in the a55 on a regular basis. Look, if you ask me to sign something that says the government shouldn't do that, I'll sign it, put it to a vote, I'll vote for it, but what I won't do is play ball. And as for this non-college bullsh!t I got two words for that: learn to f*ckin' type, 'cause if you're expecting me to help out with the rent you're in for a big f*ckin' surprise.
Castrate the b*stard. Tips are for service quality. If there was a problem with the food, it should have been addressed with management. Now if the waiter did not notify management of a problem with the food, then and only then do I consider the diner to have grounds to penalize the waiter. Tipping may be a courteousy, but if you've ever busted your a$$, providing good, quick service for a group of obnoxious, demanding diners and been stiffed for your efforts, you'll understand when I say I have absolutely no sympathy for ignorant people like the accused or anyone who sympathizes with him.
T.I.P.S. an anacronym that means To insure prompt service. Not to insure perfect slices of pizza. I have waited on religious groups that would come in to the restaurant late in large parties and refuse to pay the gratuity. Set an example!
Hey, The restaurant can charge whatever they want for service and food. If he was informed, and it says it on the menu, he has to pay it, by ordering and eating there he entered into a contract. Good for the restaurant owners for pursuing it, especially if the guy was an A$$. DD
Again, not if you've busted your butt for a couple of hours for a group of obnoxious, demanding diners who have run up a hefty tab. Say that tab for six people was a very modest $120. That guy would have screwed the waiter out of over $20. Lets be more realistic and assume they were drinking and likely had at least a $200 tab. Now the waiter was screwed out of almost $40. I'll say it again, if you've never waited tables, you probably won't understand. Just imagine going to work, having a long, hard day dealing with rude, impatient people, then being told you aren't going to get compensated fully, not because you're work wasn't good, but because someone else screwed up. Now imagine it happening more than once. Welcome to any given day in the life of a waiter.
I completely understand the psychological situation of the waiter. I just think...why doesn't the restaurant at least partly include the intended tip in the price for the food and pay the waiter accordingly? That way, the waiter would be sure to get his money, and if the service is really good, people can pay a bit on top. I guess it's a cultural thing...tipping habits are just different in Europe. By the way, I have so gotten used to tipping as if I was in the US that I tip way too much in Europe.
That's the way it is now. Waiters are paid $2.13/hr, then a percentage of whatever tips they make. From my own experience, restaurants would have to increase the prices of their menus by at least 13-18% just to cover what I would take home on a given night, and by a good 20-25% if the waiter is still expected to tipout(busboy, dishwasher, bar, kitchen, host, etc).
Hate to break it to ya, but I believe the word is Ensure, not Insure. Again, this is the result of a poor system. If it's mandatory, then why make the customer calculate it? Why does every place have a different policy? My friends were in Miami last December and they didn't tip 18%, but instead tipped 10%. The guy ran after them when they were getting into a cab and grabbed one of them by the shirt saying "you didn't pay the full tip." What's up with that? I'd have floored his ass right there for implying that I'm a criminal. Just include the mandatory "tip" in the prices, and save everyone the trouble.
The issue is that the first restaurant to do this would be the one that loses business because it looks like you just increased the prices. Once everyone is forced to go by that policy, everythign will be fine.
$ 2.13 is practically nothing... Then I think they should just do that. A "mandatory tip" is nothing different... A tip should be voluntary by definition, and there should not be any repercussions for not giving a tip. Yes, it is aggravating for the waiter in question, but if it is mandatory, then it is not a tip, but an increase in price, and it should be labeled as such.
I don't get it. If it was a "mandatory 18%" wouldn't it have been built into the final bill already? So it wouldn't have mattered if he didn't know about it, it would have already been on the total of the bill, right?
It's a bad system. Paying people 2 bucks an hour and leaving the rest on the 'good will' of custumers to make up the rest is fundamentally screwed up. Everybody doesn't have 'good will.' Some people are just cheap bastards. So this 'system' artificially sets up conflict between waitstaff and customers. But the whole issue could be solves if the restaurant would just charge more for food. and now we have to tip EVERYBODY. At the coffee shops, etc.
