*Servers do a lot of work that they are not tipped on also. It is called side work and it is work that is done for no more than their hourly rate. Side work usually involves cleaning restaurant, stocking supplies and getting store ready for next shifts business. Side work can be time consuming and at times physically straining.

The most common argument (and frankly most annoying and ignorant) against tipping is that by not tipping you are “helping” servers cause for better hourly rates. For starters, hurting one server here and there on any given day is not going to further any cause. Second there is no cause. Most servers do not rely on their hourly income. Serving is hard, fast paced work. Servers can earn a good living from tips they get. If servers were going to work for a strictly hourly rate, I can assure you that rate would be high. If hourly rate were high, guess what would happen to prices you pay when you go out to eat or drink? That money would have to come from somewhere.

Do you legally have to tip? No. Occasionally, you will have a situation where gratuity has been automatically been added to your bill. This is usually on larger groups or parties. This gratuity has been added because it is easy for server to get a tip that is far less than they deserve, because in a group setting it is easy for one or two people to under pay causing rest of group to fall short. Again, you do not legally have to pay this gratuity, but if you don’t you should have a talk with server and/or manager and explain why. Remember, just because a gratuity has been added, it may still be less than a good tip for server. For example, a gratuity may have been added at 15%. This is a tip for average service. If your server did a great job it is good to add in difference to make up to 20% or more. Many times server had to give up several other smaller tables to take your party, so even with automatic gratuity they end up making less on their shift.

After all that, why do servers do it? Well in end, there are enough people out there that understand that a good tip is a kind reward for a job well done. And waiting tables can be quite profitable. It is no surprise that most financially successful servers are typically most friendly, efficient and entertaining. These servers are rewarded for exhibiting those behaviors. And we all want to encourage those behaviors. Don’t we?

It’s a good idea to be able to show you’ve tried everything to remedy your problem. It might help, and for record, write a letter to company outlining everything you’ve gone through.

In letter make sure you ask for exactly what you expect them to do! Do not expect them to figure it out because they won’t.

Secret Weapon: Small Claims Court*

A small claims court case is best-underused tool for people who’ve been screwed by big - or little - companies. It’s customer’s weapon of mass destruction!

I know, you’re saying ‘you can win but you can’t collect.’ That’s not way big companies see it. Believe me, they don’t want legal judgments against them hanging over their heads and will almost always take these claims very seriously. Often, just filing or even threatening to file a complaint will get attention and results you seek. 99% of time it is far more expensive for companies to defend these cases than to make good on their original promises. If stating you’re intention to file doesn’t get attention order they receive to appear in court is guaranteed to. And if they don’t show up you win by default.

Case in point: Recently I got a long-overdue reimbursement check from a health insurance company. How? After many, many frustrating conversations and unreturned promised phone calls I left this message: “I have spent all time I’m going to with you people. If this matter isn’t resolved to my satisfaction by tomorrow at 3pm I am filing a small claims court suit for xxx $’s against your company.” Result? The check was overnighted to me.

Don’t let them intimidate you! It’s oldest trick in book. If you file, you’re likely to receive a letter from defendant’s legal department insisting your claim is “frivolous.” They will then threaten to counter-sue you for their legal fees (big bucks) if you lose. Unless your claim is intentionally ridiculous, don’t fall for it! Just losing doesn’t make a case frivolous. This tactic usually means they’re scared.

Absolute musts! You must have records of what your claim is and what you’ve been through before filing. Your claim must have merit! There are no guarantees you’ll win should you go to court but if you don’t have your records and documentation in order, you’ll lose.

An Ounce of Prevention You can lower your risk of future problems. Before you do business with a company check to see if they’re listed and/or rated with Better Business Bureau. They have an Online Reliability program and companies who participate have to agree to dispute arbitration in order to participate.

File a Complaint Online: To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. This info courtesy of PREOWNEDCARS.COM. Visit us at HTTP://WWW.PREOWNEDCARS.COM, where 7% goes to charities. *I am not a lawyer, and I don’t play one on Web. The following is from my research and personal experience. Note: small claims court rules vary from state to state, however, you can find out what you need at http://www.lawguru.com/faq/17.html. Sponsored by PreOwned Cars: The dot com with a heart. 7% goes to charity.