Is Not Tipping A Theft Of Services

Can Y'all Sue Customers Who Don't Tip?

A viral incident over a pastor's refusal to pay a tip at a restaurant raises a common question for those who offering services: Tin can y'all sue or take legal activity confronting a client who doesn't tip?

Customers like the pastor -- who wrote "I give God ten% -- why do you get xviii?" on his receipt, co-ordinate to Gawker -- may brand you angry. Afterward all, don't they realize how hard you work? And didn't they see the detect on your menu that says parties of eight or more will be charged a particular gratuity?

But anger and taking legal action are two separate things. Here's a look at your legal options for that miserly client.

Criminal Action

In general, when a customer takes something from your business without paying, y'all consider that theft. As a result, yous may be considering calling the cops on a customer who doesn't go out a tip (which is rare, only has happened, as this report from Philadelphia'due south WCAU-TV attests). But will such charges stick?

Well, it depends. If you lot narrate the tip equally a "tip," so it may be difficult to accuse the customer of theft. After all, tips are understood to be voluntary, and then yous tin't agree someone criminally responsible for non making a voluntary payment, according to eHow.

However, if the extra accuse is characterized as a mandatory "service accuse," there may exist a better argument to hold the customer responsible. Service charges are not voluntary, and are typically non-negotiable after the repast.

Civil Action

Under the above theories, you could as well sue your customers for non paying. As with a criminal activeness, your chances of success (and not having a judge express mirth at you lot) may depend upon how yous characterize the amount owed -- either equally a "tip" or equally a "service charge."

And if you want to collect as a mandatory service charge, you'd improve make sure to allow your customers know before the repast that they face this accuse.

Any Lessons Hither?

It'southward typically bad business practise to sue or seek criminal charges against your patrons. This is doubly true for non tipping. If you are truly infuriated by a lack of a tip, you may want to do some soul searching and figure out why you were not tipped and resolve that problem, as opposed to looking upwards your legal remedies.

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