Prosecuting is one thing, obtaining a conviction is quite another. They've got this guy for back child support, he won't hear another word about the hot dog I am sure.

True, it seems likely that this person has been told before. So, it really boils down to whether when confronted the person lied about the extra hot dog being there or, if the boss told the employee to call the police, then the whole matter is moot. There are just too many unknown factors here to really pin this whole deal down.

Of course, I would never train an employee to act unlawfully. But, if some tolerance for this type of behaviour was store policy, then the act wouldn't be unlawful. For example, I have a lady customer who is a very nice woman. She spends a lot of money at my restaurant and I would guess that she eats there 4 or more times a week, and stops for a drink probably on average more than once a day. A couple times a week, she presents us with a coupon for a free drink. These are internet coupons and she is printing more than the "1 per customer" that is stated on the coupon. I have decided that rather than shame this woman by pointing out to her what she obviously knows already, that I will just accept her coupons knowing that in the long run, I am coming out ahead. If that is my policy, then what she is doing is not illegal.

I train my employees that the customer is always right, even when you know they are wrong. My employees, even on their first day, are empowered to make the customer happy, no matter what it takes. If they have to give away the whole meal, upsize thier drink, give them a coupon for their next visit, whatever, they don't have to get approval first. They just do it and if I don't like the way they handled it, I will tell them later how I want that situation handled in the future. Being that the customer is always right, calling the police over a hot dog would have been the wrong thing to do if it was the employee that made the decision to do so.

When the day comes that I am unable to terminate the at will employment of an employee that is guilty of exercising poor judgement then I will have to retire or something.

And lastly, why on earth am I even debating this with an attorney? I've been around long enough to know that the only way to win a debate with an attorney is to hire a higher priced attorney to do the debating for me.

Happy New Year buddy!