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mandatory gratuity

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rainman1303

Junior Member
What is the name of your state (only U.S. law)? While at a restaurant in Utah, my wife, son and I ordered dinner at a small diner. There was no menu, only a dry erase board with handwritten menu items and prices. After reviewing our bill we learned that refills on drinks were not complimentary (not posted anywhere) and that they had added a 20% gratuity automatically. When I asked about that, the waiter pointed to a tiny handwritten sign hidden among a bunch of other signs saying that was their policy. I told him I never would have tipped him 20% and was told "thats why we put it on there ourselves." They also had a cash or check only policy which was not posted anywhere, so we were forced to leave a check. I am considering cancelling payment on the check and sending another without the gratuity. Am I within my legal rights to do so?
 


justalayman

Senior Member
stopping payment on the check is not a good thing to do. The proper action would be to sue for the money if you believe you are due the money.


if their sign was not obvious, I would think you have a decent chance of winning.

the drinks; unless they told you there was complementary refills, you have no argument. While many places do offer complementary refills, it is not the default status.

They also had a cash or check only policy which was not posted anywhere,
were there any signs that stated they accepted anything other than checks or cash? If not, there was no reason to believe they did.

so, from what you have said, I suspect your only argument is the mandatory tip. If it's worth going to small claims court for it, have at it.
 

pattytx

Senior Member
The filing fee would cost more than you'd win. Write it off to "we won't go there any more" and move on.
 

Zigner

Senior Member, Non-Attorney
If the bill were $50 before the tip, the tip would be $10 at 20%
Now, you say you wouldn't have left that big of a tip...so let's say you were stingy and wanted to leave only $5. That means that your entire complaint is over $5.

You're wasting your time and, even worse, OUR time.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? While at a restaurant in Utah, my wife, son and I ordered dinner at a small diner. There was no menu, only a dry erase board with handwritten menu items and prices. After reviewing our bill we learned that refills on drinks were not complimentary (not posted anywhere) and that they had added a 20% gratuity automatically. When I asked about that, the waiter pointed to a tiny handwritten sign hidden among a bunch of other signs saying that was their policy. I told him I never would have tipped him 20% and was told "thats why we put it on there ourselves." They also had a cash or check only policy which was not posted anywhere, so we were forced to leave a check. I am considering cancelling payment on the check and sending another without the gratuity. Am I within my legal rights to do so?
You could be in considerable legal trouble if you stop that check. My advice is to let this one go and don't eat there again.
 

cosine

Senior Member
If the bill were $50 before the tip, the tip would be $10 at 20%
Now, you say you wouldn't have left that big of a tip...so let's say you were stingy and wanted to leave only $5. That means that your entire complaint is over $5.

You're wasting your time and, even worse, OUR time.
He wasn't wasting my time ... I got a good laugh out of it :D
 

Who's Liable?

Senior Member
Gratuity is at the sole discretion of the payee regardless of any signs. If one feels a gratuity is not warranted, they are within their legal rights to refuse to do so.
 

justalayman

Senior Member
Gratuity is at the sole discretion of the payee regardless of any signs. If one feels a gratuity is not warranted, they are within their legal rights to refuse to do so.
while mandatory gratuity is an oxymoron in terms of language, there are enforceable mandatory gratuities. Some states require them to be termed "fees" but some allow the use of the term "mandatory gratuity" and allow it to be legally enforceable as part of the bill. About a year ago I remember reading about a young couple that was actually arrested for refusing to pay the "mandatory gratuity".

the bottom line with any of the states that allow it is; if you are given notice, it is enforceable.
 

Hot Topic

Senior Member
It's not unusual for gratuities to be included. A good way to be charged with theft of services is not to pay the cost of the meal, plus the gratuity, by writing, then cancelling, a check.

As for refills, a smart person asks if there's a charge before ordering them or when the waitor or waitress comes to the table to find out if the diner wants dessert.
 

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