Woman dines alone at Maryland restaurant. She plans to tip more than 20% for her salmon dish. Then she sees the bill: ‘As a server absolutely not’
While automatic gratuity is usually added to large parties, think six people or more, it’s not something most solo diners expect to see on their bill. But one woman says that’s what happened to her during a solo dinner at a Maryland restaurant inside the Marriott Owings Mills Metro Centre hotel.
TikTok creator Marisol Velez (@marisolvelez87) posted a video showing her receipt, which listed a single salmon dish priced at $35. Underneath it, she noticed something that caught her off guard: an automatic gratuity charge of 18 percent, or $6.30. With tax, her total came to $43.40.
“Since when is gratuity included in a dinner for 1?” she wrote in the video’s text overlay. “Ok, I was going to leave $8.”
In the caption, she added, “Forget the ‘Party of 6’ or more rule… Saved me $2!”
Commenters Aren’t Fully on Her Side
Velez’s post sparked a debate in the comments section. Some people didn’t understand why it was a big deal.
“Ok. Then add $2 more. Problem solved,” one person wrote.
Velez replied, “Do I have to spell out that I’m being petty… I didn’t appreciate the forced gratuity for 1 person so now the server actually gets [less] than I would’ve left.”
Others agreed with her frustration. One commenter wrote, “No tip from me and I’ll never eat there again. Tips are earned, not forced.”
Someone else said they would’ve taken the issue to management. “I would have the manager remove it. More on principle than anything else. This also creates a culture in some cases where servers are giving minimal effort because they know they are getting a tip anyway.”
And a self-identified bartender weighed in with, “Firm believer in gratuity over a certain amount of people but I’m talking a GROUP like 12+. Auto grat for one person is wild. Legal if posted, but still kinda silly. It takes the effort out of a service job. No incentive to be a great server when the tip is handed to you.”
Is This Legal?
There’s no federal law that bans automatic gratuity. Restaurants are allowed to add a mandatory tip, also called a service charge, as long as they let you know before you order. That could be printed on the menu, posted somewhere visible, or mentioned by the server.
According to the IRS, automatic gratuities are not considered tips. They are service charges, and restaurants are allowed to keep all or part of them. That means the money doesn’t automatically go to the server. It’s considered income for the business, and the employer can decide whether to distribute it.
@marisolvelez87 Forget the “Party of 6” or more rule ??? Saved me $2! #tipping #tips #outofcontrol #serverlife #dinnerforone ♬ Got Your Money (feat. Kelis) – Ol' Dirty Bastard
According to one restaurant owner and lawyer responding on JustAnswer, “There are no legal requirements to pay a mandatory tip; however, the establishment can refuse service and ask you not to return.” In other words, if you weren’t told about the charge and it wasn’t part of any prior agreement, you’re not legally obligated to pay it, but they don’t have to serve you again.
He also explained that gratuities added without disclosure could potentially be challenged, especially when they’re not tied to a group booking, discount agreement, or written contract. In those situations, the tip becomes part of the cost you agree to by using the service.
The Mary Sue has reached out to Velez via TikTok messages for more information and Marriott Owings Mills Metro Centre via email.
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