i've been a waitress, and i know that the reason gratuity is often added automatically on large checks is because some people are thieves, and will steal food service, and that's not right, or fair in any way, shape, or form. if you go to a restaurant, and are informed before hand (even if you're not, get a clue) that the gratuity will be added to your check automatically, then you should have to pay it, just like you would pay for the meal. if your service really sucked THAT bad, then you should complain to and negotiate with the management of that restaurant. and if the management of the restaurant doesn't rectify the situation, you should take them to court, just like you would in regards to any other service or purchase that you feel you were ripped off in regards to. on the other hand, if the gratuity is NOT added automatically to a check, and you receive service and don't pay for it, that waitress or waiter should take your ass to court, and sue you. it's an implied contract.