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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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Hi, I recently stopped into a nearby restaurant that I frequent

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Hi,
I recently stopped into a nearby restaurant that I frequent regularly and was refused service. When asked why, I was told this was her manager's directive. Today is Wed, and I was just there this past Sunday, and introduced a close friend to this supposed manager at brunch so why if their were an issue, wouldnt it have been addressed then? In addition, i looked around and there were no signs warranting their rights to refuse service. I asked her to call her manager to ensure it was in fact me, and she tried supposedly to contact him unsuccessfully. I left humiliated. Do i have a case here? Adrienne

BizAttorney :

Good evening! I can help you out with your legal question tonight. I am sorry that this happened to you. In order to better assist you, did they give you any reason whatsoever as to why they refused you service?

BizAttorney :

As a business owner, one is allowed to contract/service with whomever he/she chooses. The only time refusing to service someone is actionable is if they do it based upon you being within a protected class. So for example, if they refused to provide service to you based upon your age, sex, or race, then that would allow you to bring a suit against them and be successful.

BizAttorney :

Did they indicate any of these reasons?

Customer:

Supposedly her response was that I always complain that the food isnt good! I had an issue where my burger was undercooked after having waited for 20 minutes. It was sent back a second time and i took it home, and it was undercooked yet second time after the additional wait.

Customer:

No she did not indicate ANY of those reasons! And the manger to whom she referenced was there on Sunday- so if he felt that way I assume he would have said something then. He shook my hand, said hello to my friend, thanked us and left.

Customer:

Personally- I think this co-manager begrudges me because of that situtaion in which she had to not only compensate me for the long wait, and undercooked burger, but another gentleman sat next to me and experienced the same thing.

Customer:

Also the situation in regarding the burger was shared with her from a bartender so she wasnt privy to the mishap at all. Shes responding to me via hearsay, and simply said "I dont know what happened I wasnt there that day, but this is what I was told!

BizAttorney :

That is unfortunate. You can try and speak with another manager, but legally you do not have any case against the restaraunt since they did not discriminate against you based upon any of those reasons.

BizAttorney :

You will have to use non-legal channels to try and remedy the situation.

Customer:

Ok- Thank you

BizAttorney :

You are welcome, I wish I could have had better news for you.

BizAttorney :

But legally they are within their rights.

Customer:

Its ok! Thanks for the honesty

BizAttorney :

Please leave me feedback before you leave and come back anytime!

BizAttorney :

Good night

Customer:

night!

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