If gratuity is included, must you pay it?

Question

I've eaten at one too many restaurant where they take the liberty of slapping on a 20% tip onto my bill despite lousy service by their waiting staff. I'm fed up!

Does anyone know if BY LAW whether or not I HAVE to pay the tip stated on my check? Can I reduce the amount? BTW I'm in NYC.

Thanks!!

Answer 1

only if you get good servise

Answer 2

If you have an issue with this, speak to the manager....a gratuity is only added to parties of 6 or more...most places 8 or more.....because on large parties, the party takes up a servers tables and they tip less.....and therefore the server makes less money. If everyone would tip as appropriate there would not be this issue....young teenagers when arriving in groups usually do not tip like they should either...people need to get educated in this matter.....

if service is lousy, it is your right and duty to speak up to the manager......You need to speak up during meal or immediately there after....do not just complain to complain or after you have paid and tipped.....Management must be made aware of issues or they can not fix them.....

When soeaking to management state your issues clearly and concisely in an appropriate manner without yelling, or cursing...explain wshy you feel you are right and gratuity must be less and what else they can do....if you just want to get out of tip because you cheap, then I suggest finding other places to eat that need no tipping on your part.

Answer 3

Your in NY 1 the rules are different there than any other place in the world we both should know this.  Two  It should only be 18 Percent.  Three your defenition of lousy service is tainted if you don't work in the resturaunt business.  It sucks dude  unless the food is cold and the attendent personally criticizes you you should be obligated to pay auto grat in NYC.  Any other place I would ask for a manager.  By law you never have to pay gratuity.  If it was that bad ask for a manager.

Answer 4

It has to be posted, either on the door or the menu.  If it is not, you do not have to pay the gratuity. If there is a gratuity and you receive bad service, notify the manager.

Answer 5

This practice is only legal if the party is a large party6 and above. The policy must be printed in plain view. You know you are paying for it before you order. If the service is terrible and does not warrant this gratuity, it is the customers responsibility to make a manager aware of the situation and rectify it.

Answer 6

the only time that they do that is on bigger parties.  they shouldn't do it for just a single person.  you can't reduce it without talking to the manager.  talk to the manager, and see if you can get it reduced.  you might be able to swing a free meal as well.

Answer 7

If they slap on gratuity, it must be stated on the menu.  Usually there is a *tiny* disclaimer located inconveniently somewhere in the menu, that states this.  My ex was a waitress at a fine restaurant, and loved getting the large parties (6 or more).  Her restaurant did an automatic 18% on the bill, and a lot of times she said the patrons never noticed this in the final bill, and they would end up leaving a tip on top of the already tipped bill...sneaky...very sneaky...BUT LEGAL