Hurley's Gold

Locked in Restaurant for refusing to pay forced gratuity

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  • stdreb27

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    Thoughts?

    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.

    Family says restaurant locked them inside over tip refusal | News - Home
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    Jeff B

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    May 28, 2008
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    Failing to pay a listed fee, regardless of what it is called, is theft of service. A person can detain another to prevent the consequences of theft.

    From the legal perspective this seems to be what our laws have devolved to. You should read and question written statements that you might disagree with. If the shenanigans of this eating place were made known, maybe folks wouldn't eat there and then they would go out of business, as a consequence of their policies, service and attitude.

    Jeff B.
     

    Acera

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    The restaurant may be at fault also.
    and they didn't receive their entire order.
    That's not legal either them charging for a good or service they did not provide.

    I will never eat there, and I bet this little hassle has cost them a lot more business than what the tip was.
     

    txinvestigator

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    The restaurant may be at fault also. That's not legal either them charging for a good or service they did not provide.

    I will never eat there, and I bet this little hassle has cost them a lot more business than what the tip was.

    Nothing criminal about that. Read theft of service.
     

    TxDad

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    That's when you tactfully split into groups that are less than the number for mandatory gratuity.
    Not that I've done that or anything.


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    M. Sage

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    Time for a lawyer... I was pretty sure that if a charge was labeled gratuity it was optional. What a charge is labeled is quite important.

    The menu states 17% gratuity is added to the bill for groups of five or more. Doesn't matter what you call it, when you order you agree to pay it if it's on the menu like that.
     

    Renegade

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    That's when you tactfully split into groups that are less than the number for mandatory gratuity.

    No, you get up and walk out before you buy anything. Any place that auto adds a gratuity is sending a giant message "THIS PLACE SUCKS".
     

    TxDad

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    Yes. I was actually kidding. I don't like being REQUIRED to pay gratuity. I always do tip. Just the principle behind making me do something like that is off.


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    No, you get up and walk out before you buy anything. Any place that auto adds a gratuity is sending a giant message "THIS PLACE SUCKS".

    Many restaurants include the grat for large parties because many customers are scumbags and will short the server on a big bill.
     

    ROGER4314

    Been Called "Flash" Since I Was A Kid!
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    Jul 11, 2009
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    When I retired, I stopped eating in restaurants. I cook at home and eat at home. It sounds like that was a good idea as a mandatory gratuity is nothing but legalized theft. I would say that I will never set foot in that place but that was true before I read the OP.

    Flash
     
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