My family went out on my daughter birthday who is 1yr old. After dining the bill came with a gratuity on it I told the waitress to remove it she refuse. We argue and she said she would call the cops. I told her no laws says I have to paid your tips. She said there is. Cops come out and she points out on the menu party of 6 or more a gratuity is added. Now my mother paid for own food and was charge a gratuity. The other bill was my sister her two children who are 6 and 18 and me and my child who ate nothing cause she was sleep in her car seat do I have a case for slander or defamation.

Many restaurants have a policy that gratuities are automatically added for larger parties. If the menu stated this policy you were wrong in refusing. I see no case for anything,

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Originally Posted by evette4765

... on the menu party of 6 or more a gratuity is added. ...

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I count six people in the party. You were handed a menu. Subsequently you ordered. By doing so, you accepted the terms of the contract offered on the menu. You owe the gratuity.

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Originally Posted by evette4765

... do I have a case for slander or defamation.[?]

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Not at all from what you have said. What is it that was said what you imagine to be defamatory?

You needed to clear this up prior to ordering, I always do, and I always refuse to order if they require it. Yes they may legally charge this, if they have it posted that this is a fee.

Now to be honest, I have refused to pay it many times, if service was poor, if service was good, no issue at all. SO? Was the service poor and bad ? Was that the issue ?

Next there is little the police can do, since this is a civil issue, and I would have told the police that, there was a argument about the price and the store could sue you for the balance if they wanted. Don't ever let police scare you when it is not a police issue.

So you may if service was poor, sue them for refund of the charge, you may win, you may lose, who knows, that is all you can do. Personally if service was poor, I would not have paid it, if paying with cash.

If paying with credit card, you pay and then merely dispute the charge with the credit card company that the amount was fraud for over charging.

Most restaurants pay less than minimum wage and are allowed to by law.
Many restaurants do have a line on their menus that says that they charge a gratuity for large parties.
Why? They tend to stay longer. They take up space, including sleeping babies. They are losing the restaurant money after a while.
Your obligation to pay has already been addressed above.
I'm just addressing the reasoning.
And I trust that you usually leave a tip for the poor waitrons!

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Originally Posted by evette4765

My family went out on my daughter birthday who is 1yr old. After dining the bill came with a gratuity on it I told the waitress to remove it she refuse. We argue and she said she would call the cops. I told her no laws says I have to paid your tips. She said there is. Cops come out and she points out on the menu party of 6 or more a gratuity is added. Now my mother paid for own food and was charge a gratuity. The other bill was my sister her two children who are 6 and 18 and me and my child who ate nothing cause she was sleep in her car seat do I have a case for slander or defamation.

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The gratuity issue has been covered. I'll join in asking how you were slandered and defamed.

Just out of curiosity - how much was the "automatic gratuity" and what did you intend to leave as a tip?