Post Number: 44
|Posted on Wednesday, July 05, 2006 - 09:04 am: |
(i am obligated legally to pay only menu price + tax by a contract i have with the manager, you are obligated to serve by a contract you have with the manager)
I would like you to clear up what you mean by "legally". If you mean that the exchange of goods and services constitutes a legal agreement, then I guess you are right. However the manager/owner of the restaurant provides you with two items in this legal agreement, a good and a service, the good comes with a fixed cost the service with a variable cost. Legally, as a restauranteur I can add a fixed service charge to your bill, I and almost everyone else choose not to do this allowing this cost to be determined by you. If you choose to not pay the service charge simply because you don't want to then you have broken our agreement, and you will be penalized if you choose to return to my establishment with a very poor quality of service. Now just what do you mean that a server is "legally" obligated to server you? Nothing could be further from the truth, the server is only obligated to give you the service that management expects, there is no legal obligation anywhere to provide service. If you don't tip, and the server is valued as an employee, the manager in most cases will allow the server to give you bad service as a social penalty for refusing to pay the service portion of your bill. Now that I think about it, when you go out to eat why don't you just ask the manager of the restaurant to add a 10-15% service fee onto your bill? You don't have to call it a tip, just have them tack it on, you'll never have to worry about tipping again!