I think this is so wrong on so many levels..don't you?

Question

About three weeks ago a couple close friends and I went to a so called "upscale" restaurant. Basically, the food was...ehhh..okay, but the service we got sucked! The waitress was snotty and acted like everything she did was a chore. I feel for people in the restaurant business because it can be not the greatest places to work in. Myself along with my friends thought that because of her attitude and how we got treated we weren't going to tip. I gave her my debit card and she returned with it a few minutes later and we left. I came home to a message on my answering machine from that same waitress saying she withdrew a percentage for her tip because she deserves a tip and has a family to support! I feel this was sooooo wrong to do and called the management and complained and they said they'd talk to her and resolve the issue! What are your thoughts? Wrong, or did she have a right to do that?

Answer 1

She was absolutely wrong to do that! I've often felt the same way as you, that a tip is deserved and not obligatory. If she wanted a nice tip, why didn't she give you better service as your waitress?

Answer 2

It's absolutely wrong. I have served and bartended for many years. I would be fired from any of my jobs if I had done that.  There have been plenty of times when I would like a bigger tip, but that's the way the service industry is. If you want a set paycheck you shouldn't be working in a tipping environment.

On the other hand, I never leave no tip, 10% would have made a statement to her.  She still served you and you took up one of her tables.  She is still responsible for claiming her  tips to the government on a percentage of her total sales.....

Answer 3

She was wrong to do that-it's fraud.  It is your right not to tip or to adjust a tip for bad service.

Answer 4

What she did was not only out of line, it was downright a crime. She had no right to do that, and even if the tip was included (some restaurants ask for a percentage for tips upfront), she should have told you.

That said, you can't (or at least shouldn't) judge a restaurant's service or even employees from a single experience. She may have had a rotten day (which is no excuse for her behavior, but may help you understand why she acted as she did), and well, she needs the tips. Still tips should be earned. I have worked as a waiter (as part of my Gastronomy studies, I got no pay at all), and it can be tiring and stressful, specially when you get bad attitudes from clients, so maybe she had some rotten folks earlier that day. Again, no excuse, but understandable.

I can't imagine how the management will deal with her, but in most Restaurants consequences can be pretty severe. And the management MUST return the taken money, IMHO.

Answer 5

I would call the credit card co. immediately and report it as fraud. No one can charge anything on your card without your consent. She could be charged with a criminal offense. I would let the restaurant know that.

I always leave a tip, even when service is bad, but it may be very little.

Answer 6

That's illegal.  If you have the reciept and they did charge more than what you signed for you can take your bank statement to the cop.  A place where we went to party got closed down because of a fight and a few underage people had gotten thru the bouncers well the bartender charged all of my friends tabs including mine over what we signed for on the reciept.  The bartender got arrested for it.

Answer 7

She shoudn't be allowed to charge your card without your permission.  You were both kinda wrong.  I would have left a dollar or something. Once on vacation in Florida I left a horrible waitress a penny. But anyways- yes she was wrong for that.  How could she get your number?

Answer 8

If she done that to me, I WOULD TAKE IT TO THE COPS!!!! Its never too late, just go to the COPS before she does it again and again to other people, she sounds like she knows what shes doing, shes probably a criminal...

Answer 9

She stole your money. Unless the restaurant had a posted policy that tips would be included in your debit charge, that waitress might as well have snatched your purse and taken cash from your wallet. Theft, plan and simple.

Answer 10

15% is considered standard in the U.S., with possible range from 15% to 25% depending on the level and quality of service. In some situations, a tip or "service charge" will be included on the restaurant bill in the U.S. Also called a gratuity, a "service charge" will be automatically applied, e.g. for large tables, parties of 4 or more, or other situations where the restaurant management imposes this to ensure that the waitstaff working in such situations earn their usual tip income. Such service charges are usually around 18%; an additional voluntary tip is sometimes given. There is some debate in the U.S. whether a "minimum tip" exists as a convention; some argue that 15% or 20% is a minimum tip or that it is extremely rude to not leave at least $1,

All the best: Gy

Answer 11

She DID NOT have a right to do that!!!!!!!!!!!!!!!!

That is Credit Card Fraud!!!!!!!!!!!!!!!!!!

Lots of people have to do jobs they hate just to make it!  I worked grocery stores for years and I guarantee I SMILED at EVERYONE! Even the most obnoxious, rude, creepy people! No matter how they treated me, I was nice to them because IT WAS MY JOB!  

#1-She should've done a better job if she wanted a tip!

Tips are NOT mandatory unless it's the restaurant's policy (usually for parties of 8 or more people).

#2-It is illegal to tamper with someone else's credit card!!!!!!!!!!!  She had NO RIGHT TO DO THAT!!!!!!!!!

Lucky it wasn't me!  I'd hunt her down and drag her kicking and screaming to the police station! (OK, maybe I'd just bring the cops to get her!  I wouldn't want to get arrested for assault!)

Answer 12

Man was she out of line!  A tip is a gratuity for excellent service.  No one deserves one, you hope to get one.  Its not like working for an hour and getting $10.  

I never tip for lousy service.  You shouldn't either.

Answer 13

She was wrong to take a tip from the debit card without your permission.  You were right to call the management and report her behavior.  Their response was inadequate in my opinion, they should have reimbursed you the difference between the bill and what was debited.  You should report the same to your bank as well.  What she did is called fraud.  How the heck did she get your phone number?????

One note however, you should have left at least a minimum tip of 10%.  This was perhaps an "off" day for her and servers in all establishments are paid minimum wage.  Please consider this when debating what tyype of tip to leave.

Answer 14

Service wasn't great, but she still served you and you should have given her 10%.  But, what she did was illegal.  Did management get back to you?

Answer 15

at least your waitress had the decency to call you and tell you that she was doing it.  my husband and i went to a restaurant in south georgia and it sucked, but we left her about a 3 dollar tip because she was the bartender also and didn't do anything but fill up our drinks once.  but i checked my account online and she had taken out an extra 5 dollars, giving herself an 8 dollar tip.  my husband called the restaurant and she denied it, so we had to forfeit the 8 dollars to her.

Answer 16

if the restaurant doesn't charge back for the "tip" i would send a letter to the better business buruea and not go  back..

this is why I always pay cash when I get bad service..