Should a gratuity be added to your totals at a restuarant without your consent?

Question

i was charged an additional 18%, when in fact the service was awful.

Answer 1

No unless they stated it on menu. You been charge 18% may be because you came with a big party. Otherwise, you may have missed out the gratute charge on menu, whether you like it or not.

Answer 2

No

Answer 3

It should be stated on the menu that the grat will be added to parties of 5,6,8, etc or more. Which ever the policy of that restaurant is. The standard grat is 18%. Some restaurants are 20%. There are different reasons for adding the tip in the check automatically. (this is on a usual basis) The 18% is split up many ways. The server gets the most, then the rest goes to the person who sat you, the person who put your food together, the person who dropped off your food, if you had anything from the bar (even juices, smoothies or milkshakes. it doesn't matter if you didn't order anything from the bar, the bar still gets some of the 18%) and finally, the person who will clean your table when you leave.

The way restaurants are running now is kinda messed up. The server usually only gets 8% when it's all said and done. This is a way for the restaurants not to have to pay their employees well. Instead, we the patons do.

Answer 4

no, you should only pay for good service

Answer 5

if the menu said gratuity will be added then it will but that is normally for large parties of 10 or more.sry there is nothing you can do but not eat there any more.

Answer 6

True, most restaurants only add a gratuity on a party of 8 or more.  Some, however, do add a gratuity automatically.  I don't mind giving a tip. I do mind someone else deciding how much that tip is. My husband and I went to the local IHOP one night when he got off work (he works second shift). There was a sign stating that a 20% gratuity would be added to all tickets after 11 pm.  We turned around without even being seated.  I REFUSE to eat somewhere where a tip is determined by the establishment. But if a gratuity is added, you should know in advance.  I have worked as a waitress for years, and I want my tips to be for the quality of service I have provided.  I know too many servers who are lazy enough -- if they had a guaranteed tip they would never return to a table!!!

Answer 7

if it is stated on the menu, and your party is large, i think that it is acceptable. just remember that everyone has bad days, if the food was slow, that is the kitchen's fault not the server, if the food tastes bad, again-- don't shoot the messanger.  and you may think that 18% is a lot, but remember that most servers have to "tip out" the bartenders and bussers (if the restaurant has a bar and bussers) and only get paid 3.75 an hr.  However, if the service is horrible, speak to a manager.  Good front of house managers will comply to the guest's request to take the gratuity off of the bill.

Answer 8

It is customary for restaurants to add the gratuity on party's of 8 or more, but not automatically on smaller parties.  

If you were not satisfied with the service you should let the manager know what the problem was and ask for a refund of the gratuity.

Answer 9

Hi, to start with, I have been a "server" in "fine dining" for over 15 years.

Fact: the GOVERNMENT expects that customers automatically leave a "tip" of %15 .(we all know that is not the case in MANY situations)

Whether a customer leaves %20, %15, %8 or NOTHING AT ALL... The Government TAXES AND TAKES FROM EITHER YOUR WEEKLY CHECK OR ALL AT ONCE AT THE END OF THE YEAR, THE SERVER PAYS THE GOVERNMENT %8 OUT OF EVERY SINGLE MEAL AND DRINK THAT THEY SERVE.

So, here is the thing, when you go out to eat and your "check" is $100.00 and you leave $10.00 - all the server makes is $2.00.(after the Government has taken its share)

when you go out to eat and your "check" is $100.00 and you "STIFF" the server, she (or he) IS OBLIGATED TO PAY THAT %8 to the Government no matter if you left it or not.

And to get a little further inside the "resteraunt" biz, at the end of the night - the "servers" do NOT, GET TO KEEP ALL OF THIER TIPS, they have to TIP OUT- the "CHEF", the "BARTENDER", the "HOSTESS" and the "BUS-BOY"

and lets not forget the "DISHWASHER"

So, there goes another %30 to %35 of your "SERVERS TIPS"

Although in California, the Government has been TAXING SERVERS since 1985, the majority of the "general public" is oblivious to this.

I would also like to add, that alot of time - when a "customer" is not happy with the "service" -I urge that they take into account, "Is it that you really have a poor server, that is NOT DOING HER OR HIS JOB" or, could it be that it is not the "servers' fault at all, could it be that it is the "KITCHEN" to blame?? (us servers cannot control when the "CHEF" is having an "OFF" night........ OR even take a look around you, Is the resteraunt "PACKED" and your waitress totally "SLAMMED"?  Just take the time to observe your suroundings - it is not hard to see when someone is doing the absolute best they can considering the circumstances.

I know I have given you WAY more than you had asked (queston wise).So to get back to your question;

Yes, in a "FINE DINING" establishment, it is not unreasonable that a tip of %18 be added into your "total amount", your check should show very VIVIDLY where the "GRATUITY" is added in - Although it is added on your check, it is not the LAW that you have to pay that amount, it is actually the "SUGGESTED AMOUNT" Even if it does not appear to be so.

I hope that this "CLEARS THE MATTER OF GRATUITY UP FOR YOU", Please just keep in mind, even if you do not think your service "was  up to par" your server still HAS TO PAY THAT %8 OF YOUR TOTAL, AND THIS IS OF YOUR "ACTUAL TOTAL, AFTER TAXES HAS BEEN ADDED"

I average approx. %25 to %35 of my "end of the night grand total" and out of that, I will break it down using a %30 night;

%8 - to the Government

% 10 - to the "kitchen" (chefs who cook your food and get my plates out the window in a timely fashion)

% 7 to %10 - to the "hostess" (the girl who seat guests in my station and helps to keep thier drinks filled)

%8-%10 - to the "dishwashers and table bussers" to split,(the person working behind the seen keeping the dishes clean, and the person bustin' thier butts, keeping my tables clean and set, so I can keep serving at a constant flow)

And last, but not least, I add up the "cocktails" (made by the bartender) and tip them at least %15 of the "total alcohal sales" (as they too have to pay the Government %8 of thier total sales, which intails any drink that they have made for me.

So it varies on a nightly basis of %35 to %45 I pay out of my total tips.

To make it more clear: If I make $100 tips on a Friday night, I leave with approxamately $55.00 to $65.00 dollars.

Yes, it may seem like a alot, but you have to put into the eqiausion that I work a full 40 hours a week, and after taxes my "weekly take home pay-check" is NEVER more than $140.00. This is the TRUTH.

And another thing that I would like to add is that "resteraunt workers" DO NOT GET BENEFITS.  NO MEDICAL, NO DENTAL, NO VISION, NO "SICK PAY", NO PAID VACATIONS", NO "RETIREMENT" - The only thing that truly be be expected after years in the "biz" is;

#1 a bad back

#2 corpal tunnel (which usually requires surgery)

#3 varicosed vains

#4 having to stand thier and smileing, when some fat - hungry person "bad day" out on you. and no matter what you do, there is alway "one" person that it is IMPOSSIBLE TO PLEASE!!!!!!!!

#5 Horribally sore feet at the end of an 8 (or more) hour shift on your feet, callouses, bunions and sometimes blisters!!!

So, please do take all that I have written into consideration, I know that there are some servers that "just don''t have what it takes" and they basically suck at it, and should change proffesions....  I know that some servers just can't seem to leave there "home problems at the door" (and I agree it is not fair that a customer should have to deal with there servers 'personal problems")  And when one of these are a problem - I encourage you to ask for a "manager or supervisor" and make them aware of what is going on - As all servers attitudes, reflect on the business - and it could be possible that they (the management) are unaware.

But, as I talked about before, PLEASE TAKE INTO ACCOUNT THE GRATUITY SITUATION AND WHERE INFACT YOUR TIP ACTUALLY GOES!!!

I sure hope that I have been of some help and have given some knowledge that was "previously unknown"

Christina

just a little more insight: Us ""Servers" work for our tips... We get paid "Minimum wage" and after the "GOVERNMENT" has "TAXED OUR CHECKS" they are a JOKE !! I work 40 hours a week and make approx. $213.00 every 2 weeks.  we have NO BENIFITS, NO DENTAL, NO RETIREMENT, NO MEDICAL, NO NOTHING - except our tips.