Is it illegal to make someone tip at a restaurant?

Question

There is a restaurant in my neighboorhood that has a sign up that reads "A 15% perfect gratutity will be charged to visitors that do not tip". It basically means that they can give people terrible service because they are guaranteed a tip. I find this unfair, I was wondering if this is illegal & I can report it. I live in california. And also this restaurant is know for being rude to customers

This restaurant is know for terrible service and rude servers. I dont mind tipping at all, if we have decent service. I have seen the owners yell at customers for not tipping and telling them never to come back, even though they delivered terrible service.

Answer 1

It is not illegal to add a tip if it is posted and stated. You can argue that the ip should be removed but if you were told about it in advance of service you have no complaint. You can always go to another restaurant. They add the tip to avoid having to raise the prices on the food to pay the wait staff. You don't tip then they lose staff and have to train new people. If you complain about the staff then they will deal with the situation differently. If not, writ the Better Business Bureau and report the restaurant.

Answer 2

It seems to me that the solution to your "dilemma" can be determined from your first sentence.

"A 15% gratuity will be charged to visitors that do not tip"

So, if the food is so good that you go there in spite of the crappy service, when your check comes, put down a 25-cent tip. Since you chose to leave a tip, they shouldn't try to charge you the 15%. Of course if you get lucky and the service is good, you should tip 15 to 25% to encourage a repeat performance during subsequent visits.

There's nothing illegal about them adding a certain percentage to your total bill if the practice is posted where customers can see the policy. The choice is yours whether or not to eat at the establishment.

For me, the dining experience is about the atmosphere as well as the food. Even if the food were fantastic, a poor service experience would cause me to immediately complain to management and never return if the issue were not resolved to my satisfaction.

Bon Appetit!

Answer 3

Tipping is part of the eating out experience. If your not going to tip then eat at home. I don't make a huge amount of money but I do enjoy eating out. I tip 20 percent or more as a matter of personal policy. People tend to think that they can order a server around like a dog and pony act and that's not what eating out is about. These servers make less than minimum wage plus tips....in other words....the tip is the amount they are working for. If you have a serious problem with this tipping thing then you should not eat where a tip is expected. Your not getting it. Your question tells me that you are a servers worst nightmare. I tip, even when I don't like the service or food. Its part of the deal. Have you ever had to serve people in a restaurant or bar.....it sucks.

Answer 4

You know, I've heard of a restaurant that does this as part of their act. They are purposefully rude to their customers and give terrible service. Are you sure the place in question isn't the one I'm thinking of? I don't know the name of the restaurant but I have always heard about it. I served for three years in two different restaurant and would have loved to have been able to be a mean *** ***** to a few of my customers. I was a good server who needed the money so I never was :( I think it would have been fun though!

Answer 5

Gratuity of 15% is commonly accepted as a reasonable rate. Generally, larger groups are automatically charged this amount. Anyone is free to leave more. Most waitstaff make well below minimum wage and rely on the tips they receive. I have never been to a restaurant that posts a sign such as you have mentioned. If their service and food is poor, I am surprised they are still in business. Nor am I sure how they determine who is going to leave a tip and who is not. Therefore, the sign is somewhat misleading because they would have to add the 15% to all bills. What I find most interesting is that people object to it and still eat there.

Answer 6

It is illegal to make someone tip in a restaurant. The restaurant may add gratuity to the bill prior to accepting payment. While not "required" to pay this amount, you must speak with a manager to have the gratuity lowered. However, a restaurant may not "write in" a tip after the receipt has been signed.

In the event that the amount charged to your card varies (up or down) from the amount you signed for, contact the manager. Most variances are due to accidental addition or data entry mistakes. If this does not rectify the situation, call your credit card company. They will determine the amount you are owed, collect it from the establishment, and credit your account.

Also, please speak with the manager. He (or, as in my case, She) may need to revise and clarify the wording on the sign. Usually, and there are exceptions, it is not the manager's intention to offend their customers.

Answer 7

Are you sure that you read the sign right? Did it maybe say that the restaurant will charge a 15% gratuity on partys over 6?

Answer 8

It's legal since it's posted. I don't see how they can control that though. I mean you tip after you are done and get the bill. They can't charge your credit card with a different amount so I don't get how they can add gratuity to the bill since they don't know if you tip or not.

Answer 9

I don't think there is a law that says you have to tip.

How do they add the tip if you already signed the paper. Be sure to put a line or "none" in the tip section on your credit card receipt and then leave $1 on the table.

At least you tipped and they can't charge your card extra!

Answer 10

I've heard that you aren't allowed to request a tip, but that was in Texas. I know in New York, bigger restaraunts will add tips in so it's legal there. I would check your state laws