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I visited a nearby restaurant and was threatened and treated harshly by the waiter. I have suffered emotional distress. Advice?

Glendale, CA |

I was told by the waiter after I asked for sour cream that they didn't have any. I ordered a breakfast quesadilla. I asked another waiter whether they had sour cream and he said they sure did and brought me some. After I notified the first waiter that they did have sour cream, he replied in a disrespectful tone "so what!" He yelled and embarrassed me and laughed at me in front of the other customers. He told me to get lost and he also threatened me that if I sued him, that he would get his father to do something to me.

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Attorney answers 3

Posted

Being upset about (very, very) rude behavior is not the same as intentional or negligent infliction of emotional distress. It is modern life. Notify the owner, post on Yelp, and call it a day.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

I postd it on Yelp and the owner removed it. I called the owner and he said he would call me back and I haven't been able to contact him since. The problem is that the restaurant is located on the same street a half block from my residence and I don't feel safe and secure anymore, not even to park my car since the waiter threatened me. I have witnesses about the incident and they lost business afterwards for a month. I need my freedom back. The waiter looks like a thug and several other customers have also posted their concerns about this waiter and his rude behavior was well. He looks as if he came right out of prison. He got into a vicious shouting match with me and yelled and told me to get lost. Rude and unfair treatment from a waiter is one thing, but to shout and threaten and laugh at a customer loudly before a whole restuarant, and then threaten me if I sue him is a totally different thing.

Christine C McCall

Christine C McCall

Posted

The owner of the restaurant did not remove the Yelp posting. This simply did not happen. There would not be a single negative review on Yelp if that were possible. It is not. Yelp may have removed it. Yelp will remove posted reviews on a clear demonstration that the review violates the Content Guidelines. Yelp will give the poster notice and an opportunity to revise the review or to resubmit in words that are consistent with Yelp's CG's.

Michael Charles Doland

Michael Charles Doland

Posted

Thanks Ms. McCall.

Posted

Don't go back. Not every insult is entitled to redress.

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Posted

There is no remote possibility of successfully prosecuting a case based on the facts in your post.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Asker

Posted

That's probably true. The only thing is that the 15 minute rant from him is on camera. I was the only African American at the cafe and the waiter would barely wait on me. He only brought me a part of what I had ordered and I had to ask him for the rest of what went with my entree. When he brought it back, he threw it on my table as he continued to bring out the full orders for all the Caucasian and Armenian customers and waited he on them cheefully, smiling and laughing. They always have sour cream and he just didn't want to bring it to me. Then him threatening me and he also threatened another waiter to not give out his last name. I notified the police and I am being interviewed by housing authorities. Normally, I would not think nothing else of it, but to tell a customer to get lost re a mistake that he made and to start shouting was way too low life for me and is deplorable. He was a waiter and he acted like a thug. I didn't shout at him nor did I threaten him so how dare he. What if it was your wife or daughter that went through this loud embarrassing experience? But I thank you for your input and I will take all comments into consideration.

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