Re: Response to Conanylizer

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Please expound on how my tipping a worker in a restaurant is
crating a confict of interest. I really want to hear your
reasoning on this ridiculous notion.

Isn't the interest of the business to give good service?

How can it be a confict of interest for me to help pay the
business's worker? How can it be a confict of interest for me
to intice workers into givng me the good service the business
is obviously interested in providing me?

I just don't understand how you can suggest that I am creating
a confict of interest when I choose to pay an employee what his
employer is unwilling to pay him.

Your arguments are so full of holes I don't even know where to
start.

On 4/22/09, Conanalizer wrote:
> On 1/27/09, George wrote:
>> Does a customer have a constitutional right to determine
>> who is legally entitled to his tip?
>>
>> If your answer is NO, please explain why a citizen of the
>> United States should be deprived such liberty. Is there any
>> harm in allowing customers to determine who should be
>> entitled to their tip?
>
> The answer is "no," there is no Constitutional right (read
> the Constitution; it lists several liberties, and giving away
> tips isn't listed).
>
> While "liberty" may be a reeeeeeeeeeeallllly important right,
> you aren't always free to do anything you want (including
> giving away tips to the person of your choice) if, as your
> question suggests, there is "harm in allowing customers to
> determine who should be entitled to thier tip."
>
> First, let's consider the Constitution.
>
> The US Constitution prohibits the interference of contracts
> (Article I section 10 prohibits "impairing the Obligation of
> Contracts"). An employee of a business is an "agent" of that
> business and thus in contractual relationship with the
> business (even "at will" employees are considered to have
> an "at will" contract).
>
> A customer wanting to provide a benefit (a tip) to the agent
> for performing the service for which the agent was hired is
> creating a conflict of interest for the agent and interfering
> with the business' contractual relationship with the agent.
>
> Rather than solely serving the interests of the business (the
> principal), the agent (if patrons may tip) will
> invariably "serve two masters," depriving the business of its
> contractual and thus constitutionally protected right (and,
> in addition, assisting the violation of the agent's duties
> under common law) to loyalty and exclusive service.
>
> While it may be reasonable for someone who feels underpaid to
> think they deserve a tip, the Constitution does not give
> anyone the right to impair contractual obligations, nor
> create a conflict of interest for agents, nor to induce an
> agent's violation of the duty of loyalty.