Deputy McDonald

They were DETAINED in fact, but through deception and not force. Bad faith commerce was involved, because the cashier took the money and didn't really plan on delivering the food, since she clearly thought the cops were going to arrest the driver. We're talking about food for 7 or 8 people ... that's prolly $40 so it ain't chump change either.

And about the the employee ASSUMING, you know what happens when you assume ... you make an ass out u and me! The employee should NOT assume ... she should actually check it out before she humiliates someone by falsely detaining them and calling the cops on them!

Jeez ... if untrained people are randomly calling the cops on customers when they don't really understand the law or how it is enforced, that makes me AFRAID to visit McDonalds! It ain't worth the risk! I eat out for pleasure, and don't need the anxiety of wondering if the cashier thinks I'm doing something against the law when I know I'm trying to do the right thing!

Just the facts wrote:

Well no one was detained. They were free to leave at any point. And there weren't suspected drunks. You stated their were 7 drunk passengers. Is the employee just supposed to assume the driver hasn't been drinking when there was an obvious smell of alcohol and people in the car that were drunk? Better safe than sorry.

Just the facts wrote:

Better safe than sorry.

Better safe than sorry you say? Yes! I'd better stay away from MacDonalds for a while or I might be sorry because I don't want to have some order taker with an attitude lying to me and reporting me to the cops if she don't like how my car smells or something.

LOL wrote:

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DUI all by itself (i.e., no damages or injuries or repeat offenses) is a misdemeanor in most jurisdictions, is it not? That certainly rains on the "let's have citizens detain 'em!" parade. But again, the lawyerly stuff is secondary to my main concern, which is the customer relations impact of all this.
And as to not paying the kids enough, THAT is precisely my point! The drive thru clerk is NOT qualified to make these calls as aggressively as this clerk was doing! He/she seemed to be taking it personally rather than objectively and seems to have retaliated by calling the cops! If McDonalds is going to start enforcing traffic laws, they had better do it RIGHT by training and supervising the personnel, and by setting and managing the expectations of customers!
"Would you care for a side of traffic law enforcement with your order, ma'am?"
"Errrr ... no thanks?"

Why would McDonald's need to structure training for something that was done as a right by private citizens, and not as employees? Again, every person has a right to make a citizens' arrest or to at least pass it up to a manager that they believe a person is breaking the law. Why do you need training for that? In fact, you don't. Any person, whether they're a McDonald's employee or some random by-stander, has the right to call the police if they suspect someone is breaking the law. Anyone can call the police and say "hey, I think this person is drunk." Why should it be any different? If the employee has this belief, then they should be able to report it.

You Are Wrong wrote:

They were DETAINED in fact, but through deception and not force. Bad faith commerce was involved, because the cashier took the money and didn't really plan on delivering the food, since she clearly thought the cops were going to arrest the driver.

They were not detained. Detention comes from physically restricting a person's movement and telling them that they are not allowed to leave until the authority gives them permission to leave. Although private citizens have the power to detain one another, this was not detention.

The cashier had every intention of giving the customer food, until she was advised BY THE POLICE to tell the person they were waiting on fries. I have partaken in this very operation, and it worked beautifully. It's a request by the police to slow the cooking process to give the police time to catch up. The customer would have still got their fries; they paid for them after all.

Jeez ... if untrained people are randomly calling the cops on customers when they don't really understand the law or how it is enforced, that makes me AFRAID to visit McDonalds! It ain't worth the risk! I eat out for pleasure, and don't need the anxiety of wondering if the cashier thinks I'm doing something against the law when I know I'm trying to do the right thing!
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These "untrained" people exist every where in society. Every normal citizen can call the police and make a report. Anyone can call the police and say "hey, I think this guy is drunk and driving..." That person has no responsibility to be trained before making such a call! It is their civic responsibility to call the police and make such a claim, and it is then the police duty to investigate the claim to find whether that claim was true. If not, then oh well.

Debbie wrote:

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Better safe than sorry you say? Yes! I'd better stay away from MacDonalds for a while or I might be sorry because I don't want to have some order taker with an attitude lying to me and reporting me to the cops if she don't like how my car smells or something.

If your car didn't "smell" (I'm assuming you mean smell like marijuana, alcohol, etc.) then you would have nothing to worry about.

Bwahaha! Was that cashier on the clock? THAT is the answer to your question! Especially since this is not the first time this Vigilante-Cashier has called the cops on cars she didn't like the looks of.

This is a public relations fiasco in the making for McDonalds. Folks ... we are dealing with a posse of vigilante burger-flippers! The company had better train them and set some standards, or stop this in its tracks! Mark my words, this will not end well if you guys let your help play at being Public Morality Vigilantes. We want to get hamburgers, not to get JUDGED by the cashier!

Unknown27 wrote:

Why would McDonald's need to structure training for something that was done as a right by private citizens, and not as employees? Again, every person has a right to make a citizens' arrest or to at least pass it up to a manager that they believe a person is breaking the law. Why do you need training for that? In fact, you don't. Any person, whether they're a McDonald's employee or some random by-stander, has the right to call the police if they suspect someone is breaking the law. Anyone can call the police and say "hey, I think this person is drunk." Why should it be any different? If the employee has this belief, then they should be able to report it.

UR Clueless wrote:

Bwahaha! Was that cashier on the clock? THAT is the answer to your question! Especially since this is not the first time this Vigilante-Cashier has called the cops on cars she didn't like the looks of.
This is a public relations fiasco in the making for McDonalds. Folks ... we are dealing with a posse of vigilante burger-flippers! The company had better train them and set some standards, or stop this in its tracks! Mark my words, this will not end well if you guys let your help play at being Public Morality Vigilantes. We want to get hamburgers, not to get JUDGED by the cashier!
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Just because a person is on the clock doesn't mean they can't make their own moral and ethical decisions when they believe a crime is being committed! They are not necessarily acting as employees when they do something like this; they are taking their own initiative and dedication to the law and ensuring a report is made.

Again I ask: What is the difference between a cashier calling the police about a suspected crime, or a regular passer-by calling for the same reason?

Unknown27 wrote:

Just because a person is on the clock doesn't mean they can't make their own moral and ethical decisions when they believe a crime is being committed! They are not necessarily acting as employees when they do something like this; they are taking their own initiative and dedication to the law and ensuring a report is made.
Again I ask: What is the difference between a cashier calling the police about a suspected crime, or a regular passer-by calling for the same reason?

Think harder! Divide your statement into its two component halves:

1.) A McDonalds employee on the clock makes MORAL decisions ... and
2.) A McDonalds employee on the clock reports a crime she believes is bring committed.

Let's deal with the second half first. Being a designated driver for a bunch of drunken friends is NOT a crime... it is in fact a wonderful example of Good Samaritan! If the stupid employee thought it was a crime, then we already have clear PROOF that the corporation needs to better train its employees and set policies in this matter of vigilantism.

That leaves us with art one, employees making moral judgments while on the clock, especially of matters that involve n crime (like being a designated driver for some drunken friends). What if a gay couple pulls into the drive thru manned by a fundamentalist Christian ... should she pass moral judgment on the couple and either refuse to serve them or worse still have them pull forward under false pretenses to await a visit from the boys in blue? Or a gay guy at the drive thru who gets a car full of fundamentalists, should he p[ass judgment on them while on the clock? OF COURSE NOT!

Don't bring up open containers ... that is in many every US jurisdictions an infraction or a civil violation (and it is not even illegal in some states!), and if there is a DD and the drunks have the open containers, any sensible cop won't even write the ticket anyway. Reporting traffic infractions is NOT something the corporation wants to get involved in, PERIOD!

Think wrote:

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Being a designated driver for a bunch of drunken friends is NOT a crime... it is in fact a wonderful example of Good Samaritan! If the stupid employee thought it was a crime, then we already have clear PROOF that the corporation needs to better train its employees and set policies in this matter of vigilantism.

1. No one said being a DD is a crime. But if this person thought that the driver was also intoxicated, then she was perfectly within her reasonable responsibility to report this.

2. AGAIN, McDonald's does not need to set any standards or provide training to employees who wish to do their civic duty and call the police when they believe a crime is being committed. People, just from being adults, know what is right and wrong. If they want to attempt to report that suspected crime then they are perfectly okay to do so. Why would we regulate that?

Unknown27 wrote:

1. No one said being a DD is a crime. But if this person thought that the driver was also intoxicated, then she was perfectly within her reasonable responsibility to report this.

If that is what she thought, she was egregiously WRONG! The corporation owes it to their LOYAL CUSTOMERS to train the staff so as to avoid such mistakes if they are to try to help enforce traffic laws!! McDonalds is about customer service, my friend.

Worse, I fear that the cashier was actually engaging in Moral Vigilantism. If that is the case, she should be fired.

Unknown27 wrote:

2. AGAIN, McDonald's does not need to set any standards or provide training to employees who wish to do their civic duty and call the police when they believe a crime is being committed. People, just from being adults, know what is right and wrong. If they want to attempt to report that suspected crime then they are perfectly okay to do so. Why would we regulate that?

LOL. People disagree strongly about what is RIGHT and WRONG! That is why the corporation must train the staff about what is a reasonably actionable CRIME if they are to DETAIN and report their CUSTOMERS to the police. Otherwise you WILL infuriate and LOSE your customers! That Designated Driver and her passengers are FURIOUS about being lied to, deceptively detained, and falsely reported to the police for no good reason by McDonalds. It was NOT a good customer experience, was it?

Wow... people are so touchy. If you're so worried about being 'detained' for drinking and driving, how about you order pizza? We'd rather not deal with your slurred speech in drive thru anyway.

Honestly, if I had it my way there'd be a large number of people that couldn't order unless they came inside, sadly I don't make the calls and if I did we'd probably be sued a lot.

Oh well, I'll just have to keep dealing with all you drunks.

Service with a smile.