Update: California Fish Grill has let us know that they have tweaked their menu options. Their note is included at the bottom of this article.

Today’s story will be of special interest to people who have some of the most difficult and often highly frustrating jobs — restaurant servers.

When a customer orders “fish and chips,” what should be on the plate?

The answer for most people: enticing pieces of battered fish filets and French fries, right?

Well, one seafood chain restaurant is defying expectations — and not in a good way.

Imagine you have years of experience in hospitality, and this is your first day at a restaurant that specializes in seafood dishes. You were warned by coworkers that how one item on the menu is served has angered guests because, by default, it does not come the way most customers would anticipate.

When ordered at the counter, it does not automatically come with fries, your coworker says. The menu — posted on a wall — says ‘Fish and Chips,’ but it fails to state that unless fries are selected as a side (at no extra cost), it will be served without them.”

A call from upset customers

On a recent Sunday afternoon, a few of my older readers who had just left a Southern California location of this “sustainable seafood” restaurant called me. “Several of us ordered fish and chips, with vegetable sides,” one said, on speaker, “and we wound up feeling like we’d been victims of misrepresentation.

“No one had ever heard of fish and chips being served without fries, but that is what we got. Our embarrassed server admitted this creates a great deal of confusion and upsets customers.”

Another said, “This is like ordering spaghetti and meatballs, bacon and eggs, biscuits and gravy, peanut butter and jelly or any recognized dish that has two or more components, but you get only half of it.”

I called several locations to confirm this

After I did some online research, it was clear this was not a unique situation. To confirm it was a widespread practice, I phoned several California Fish Grill locations around the country and asked, “When I order fish and chips at the counter, what does it come with?”

Answers varied, including:

• “Unless you specify fries from a choice of sides, you won’t get them.”

• “Your fish will be on a bed of salad.”

• “The fish will be on a bed of fries.”

• “You’ll get just fish by itself if you do not select a side.”

“OK,” I said each time, “how do I know that I have to select fries from the sides (in order to get the chips part of the meal)?”

The answer: You won’t unless you’re told, and you might not be informed.

Interestingly, one highly insightful employee said, “You sound like a reporter or a lawyer. If you are, may I call you back?”

I agreed, and he did return my call, at which time he raised other aspects of this craziness. (He requested anonymity for fear of reprisal.)

“Being a server is tough enough without the employer creating a situation where unhappy customers yell at you,” he said. “I am attending law school and wonder if they have ever heard of a toxic workplace suit or a class action, because that is what they are risking.”

He is correct.

The company’s response

I phoned California Fish Grill’s Southern California headquarters and was referred to a very friendly employee in the marketing department who asked that her name not be used, and I always respect such requests.

“Fries automatically come with the child’s plate,” she pointed out. “Guests may select (fries) from a list of sides, and if you place your order from a kiosk, then automatically (the fish and chips) come with fries.”

Somewhat mixed messages, right? And this practice doesn’t take into account research showing that younger customers are more apt to use kiosks to order food, while older people in general say they feel rushed or confused while using a kiosk and prefer human contact.

She had no explanation for why fries were not automatically part of every fish-and-chips order. She said “someone higher up” in the restaurant chain would call me. I am still waiting.

Would this be a violation of truth-in-menu laws?

I ran my reader’s situation by Minneapolis business attorney Aaron Hall, who has written extensively about truth-in-menu laws. His first response was, “Dennis, are you kidding me? Is this for real? No way!

“Truth-in-menu laws are intended to prevent deceptive marketing, protect consumers from fraud and promote fair competition within the food industry,” he underscored. “Violations can result in fines, business penalties and reputational harm.

“Restaurants are required to serve what is listed on the menu. Items that have two or more components — such as fish and chips, spaghetti and meatballs, biscuits and gravy — must contain the stated components.

“A restaurant whose menu lists fish and chips, but when served, by default, comes without the French fries unless a customer specifically orders them would be deceptive and subject to civil lawsuits and potential criminal penalties, depending upon the jurisdiction.”

Stephen Barth, attorney and professor at the Conrad N. Hilton College of Hotel and Restaurant Management at the University of Houston, had a two-word reply to my question: “How would you describe this nonsense?”

“Rather deceptive,” he said.

A class-action superior court judge’s opinion

A longtime friend of this column, California Superior Court judge “Tony,” who has presided over class-action lawsuits, commented, “Not only misleading, (but it) could amount to false advertising and also would be considered as unfair competition. If the economics worked out, we could be looking at a class action. This is an insult to customers.”

Finally, one comment sums up this craziness, from Las Vegas-based Eric Barth (Stephen’s brother), who designs restaurants and food halls. “I don’t understand what they are accomplishing by this. The confusion alone when guests are served probably makes the service team and management crazy. Sometimes people in my business never fail to amaze me.”

What you can do if you encounter an issue like this

If you are missing an item from a restaurant meal that you feel should have been included (such as the “chips” portion of “fish and chips,” here’s what you can do:

• First, don’t take out your frustration on the servers. They only work there.

• Do not eat the food until the issue is addressed. If the server claims the item is an extra charge, politely point out that it is shown on the menu, which implies its inclusion. A reputable restaurant should provide it at no extra cost to maintain good customer relations.

• If the server insists on charging extra, ask to speak with the manager or owner. Most will try to resolve the issue to ensure customer satisfaction and avoid negative reviews or complaints about false advertising.

• You are not obligated to pay for an order that was not as described or to which you did not agree. A reasonable approach is to pay for what you did consume and deduct the price of what was missing.

After all of this, I feel it’s important to point out that California Fish Grill has earned the praise many customers give it. Aside from this fish-and-chips controversy, the restaurant’s food is excellent. In fact, it has become part of our weekend routine: California Fish Grill for lunch, followed by a visit to Aldi.

Let’s just hope that management wakes up before local district attorneys and state attorneys general wake them up.

The California Fish Grill team responds:

“Thank you for bringing this to our attention. Our goal is to always provide as many choices as we can for our guests, but it appears that with our Fish and Chips, our customization options have inadvertently caused some confusion.

“We really want to clear this up, just like our Grilled Plates & Taco Combos, our Fish and Chips have always been offered with two sides. Our Fish and Chips have historically been offered with French fries and kaleslaw, but both sides can be swapped out for other choices if a guest chooses to do so.

“As mentioned, we can see how this can be misinterpreted, so we’re making a few simple changes. Our Fish and Chips now come standard with French fries and a choice of one additional side. As you point out, you expect Fish and Chips to have French fries, so this option will not be modifiable.

“If a guest is not a fan of French fries, they can order a soon-to-be-offered “Battered Fish” dish where they are able to choose any two sides so that everyone can make their meal exactly how they want.

“We hope this will bring clarity, while still allowing our guests the flexibility and options they love.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Fish and Chips? More Like Fish and a Side of Customer Confusion and Anger appeared first on Dennis Beaver.

March 16, 2026  • By Dennis Beaver

Once upon a time in a galaxy far, far away, e-mailed invoices became common, and business leaders, CPAs with calculators and company owners rubbed their hands together with glee.

“Just think of all the postage we are going to save. Time to break out the bonuses,” said one recent MBA graduate.

“Not so fast,” said his father. “I foresee real problems.”

And, as is so often true, Father knew best.

‘Before email billing, we never had a problem’

“Mr. Beaver, my wife and I are retired university journalism professors who moved about 100 miles away from the college town where we taught, but remain ‘news junkies’ and subscribe to several newspapers and magazines that are delivered by a third-party delivery service.

“This worked out very well for years — until just a few weeks ago, when we got a rather sarcastic-sounding phone call from a collections office, asking when we planned on paying the many-months-old bill for newspapers,” the email from “Nick” began.

When he called them back, he said he asked, “‘What are you talking about?’ Implying that we are thieves, Miss Friendly said that we had not paid the newspaper delivery service for all of 2026.

“Let me research this, and I will call you right back,” I told her, but she’d already hung up. “We looked for the invoices and could find none for 2026. I called the company, and they said they’d gone to an email-only billing system, though they did not notify customers. We looked in our spam folder, but we saw no bills there.

“I had them mail those bills, which we immediately paid. In talking with neighbors, we learned they also use that delivery service, and several had had the same experience.

“We still receive our utility, credit card, health insurance, life insurance and most other monthly bills the old-fashioned way — by the U.S. Postal Service. Can you explain why so many other merchants and vendors seem to be too cheap to pay for postage and are willing to subject their customers to accusations of trying to avoid paying their bills?

“What can the average person do to prevent this embarrassment and waste of time?”

When did email invoicing become common?

Over the past 15 to 20 years, email has become the way many businesses send customers their bills. This shift began in the mid-2000s as companies moved away from fax machines and snail mail. By the 2010s, most industries relied on emailed PDFs as their primary billing method.

While email invoicing is fast and inexpensive, it also introduces risks that some consumers and small businesses do not fully understand. And to the thousands of folks who are ripped off by invoice scams, this is the very definition of “penny wise and pound foolish.”

Several stages leading to trouble

There were several stages as email became mainstream for many business communications, including billing.

Stage 1 (late 1990s to early 2000s). As PDFs became a universal format, many companies, most commonly tech or cost-conscious businesses, began attaching invoices to emails instead of mailing or faxing them.

Stage 2 (the mid 2000s). Emailing invoices became the norm for many small and midsize businesses. Cloud accounting platforms (QuickBooks Online, FreshBooks, Xero) even made “email invoice” a default selection.

Stage 3 (the 2010s). Most industries had shifted to email invoicing as the standard.

Stage 4 (the 2020s). Many countries now require electronic billing for tax compliance, fraud mitigation, transparency and the reduction of paper use.

Common problems caused by email invoicing

Emailing invoices has, from what I have seen, created far more problems — and ripped off more people — than using the U.S. Post Office ever has. When was the last time that, when opening your email, you did not find a fake bill for something you never ordered?

These are a few of the more common problems caused by emailing invoices:

Spam filtering and lost emails. Invoices often land in folders for spam, promotions or junk mail. Also, some firewalls block attachments entirely, resulting in customers never seeing the bills to begin with.

No proof of delivery or confirmation that the email was opened. Most inboxes provide no proof that the recipient opened or received the invoice. Optional “read receipts” are often disabled. This can create “we sent it” vs “never got it!” payment disputes.

Also, if duplicate invoices are sent, customers could pay the bill twice.

Fraud, spoofing and phishing. Email is a major source of invoice fraud. Customers receive emails that look like they’re from someone they do business with, but if they click on the attachment, their private data can be compromised.

Security and privacy risks. Email is not inherently secure, and sensitive financial data may be exposed if emails are forwarded improperly.

You want the bill mailed? You have that right

Businesses generally have no legal right to insist on emailing your bills unless you previously agreed to electronic-only communication — for example, by signing a service agreement that specifies e-billing.

The billing method is a customer preference, not a legal requirement. You can choose how you want to receive a bill.

Paper billing is still a standard practice for plumbing, HVAC and electrical work.

I must underscore that many automatic e-billing systems have a “deselect e-mail and use the U.S. Postal Service” feature. You just have to look for it.

I would also recommend sending a short, polite request that says something like, “Please send invoices by the U.S. Postal Service only. Do not email billing documents. Also, please update my customer record to reflect this preference and confirm that future billing will be sent by mail only.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Snail Mail vs Email Fail: How E-Billing Has Led to Missed Payments and Fraud Risks (What Can You Do?) appeared first on Dennis Beaver.

Our September 5 article, The Unsung Hero of Aisle 5: A Tale of Forgotten Change and Compassion at the Supermarket, led to many comments from readers across the country, including this email from “Wyatt,” a grocery store manager in the Midwest:

“Your story about forgotten change and kindness has been commented on in blogs by store personnel across the country who, on a daily basis, help families struggling to keep food on the table.

“You highlighted an aspect of our lives that is seldom acknowledged by the media. Often, contrary to explicit corporate instructions to toss food that is technically expired — but otherwise perfectly fine — many store managers tell service groups to meet us at the trash bin to take what they want before it is thrown away. But that is not why I am writing to you.”

Supermarkets move items around regularly

A short time later, on a video call, Wyatt gave me an earful of insider information, describing a strategy that grocery stores all over the country use that is “increasing the risk of theft from shoppers.”

“At one time,” he said, “when going to the store or sending our kids, we knew where everything was located, and that kind of order and predictability was especially important for older people with mobility problems. They often do not have the luxury of time to wander the floor, searching for items that are not in the same place.

“When supermarkets (move inventory around), it becomes terribly frustrating to customers because staples and familiar items are harder to find. Not only is this upsetting, but it opens the door to theft by pickpockets who take advantage of shoppers being distracted, their purse or wallet an easy grab.”

He added, “Today, a trip to pick up groceries can cost you many times the price of what’s in your basket, because supermarkets are … (creating) ideal conditions for theft by shoppers from shoppers.”

Wyatt pointed out that stores employ this strategy even though customers express “a high degree of dissatisfaction” with it.

So, while we’re already dealing with the frustration of higher prices, why are the corporations that run our nation’s supermarkets making a trip to the store so complicated?

Wyatt’s answer: “Management often does not care one iota about making the shopping experience simple. (This strategy) has proven to increase what we call ‘basket size,’ meaning that, by wandering the aisles, shoppers will find products new to them and will buy more. A lot of people call that manipulation, and I agree that that’s what it is.”

This strategy is a favorite with thieves

Wyatt referred me to “Tony,” a loss prevention officer who works at his store and has 25 years’ experience. He had strong feelings about the risks being created by poor supermarket design/remodeling and in-store marketing strategies “that are making it easy for someone to steal your purse or wallet.”

“Even with video surveillance,” he noted, “when we can see it happening in real time, it is difficult to stop these thefts from taking place. The activity of pickpockets is often under-reported and leads to damaging customer trust in not only the store where it happened but, as we have seen, across the entire chain.”

He listed circumstances and places when shoppers can be the most vulnerable to theft by other shoppers:

Forced proximity to others. Narrow aisles near entrances and exits that place customers close to one another, especially in sections of the store that require moving away from your cart for a moment, such as when you’re perusing produce. This creates distractions that result in ideal conditions for theft right out of your cart.

Cramped checkout lines. Thieves admit — and video surveillance confirms — that both regular and self-checkout lines create cramped spaces that, when combined with inattention, make it easier for pickpockets to operate unnoticed.

For example, you might get your cash ready, place it in your open purse and then place your items on the moving belt. When you notice your cash has been swiped, if several people are in line with you — unless someone saw the thief in action — who are you going to blame?

“Or, as we have seen,” Tony said, “at times, the victim even forgets they had left their money accessible, as they were so preoccupied with loading items onto the belt!”

Other distractions. Product demos and impulse-purchase displays grab attention, making customers less aware of their surroundings and belongings.

Recommendations to protect customers

I asked if either Wyatt or Tony had sent recommendations to upper management for ways to protect customers in the five stores the company owns.

“We did, anonymously,” Wyatt said, “as these days, it is a big risk if you want to keep your job.”

Tony added, “I can see a huge lawsuit against a store’s owners if someone sustains physical injury during efforts to prevent a pickpocket from taking their property.”

They shared these recommendations to help protect customers from theft:

Widen aisles to improve traffic movement, which should eliminate bottlenecks. This would make suspicious behavior far more visible.

Make cameras visible and aim them at entrances, exits, checkouts and congested zones.

Post signs in loud colors that state, “Pickpockets will be prosecuted. Customers, please do not leave your belongings unattended.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Supermarkets Have Become a Pickpockets’ Paradise: How to Avoid Falling Victim appeared first on Dennis Beaver.

“Mr. Beaver, something we all take for granted,” wrote “Neal,” a manager for a large supermarket in Atlanta, “is paying for our groceries and receiving change.

“The cashier’s role in these transactions is important, so to be sure that customers receive all their change, training manuals for new, inexperienced hires instruct” that they count back change aloud and, if coins are dispensed automatically, indicate that so the coins are not forgotten.

Of course, you don’t need a legal education to know that the cashier has to make sure the customer is at least given the opportunity to take their change, bills and coins.

But what if a customer forgets to take all their change? If another customer doesn’t take it, what should the store do with the money?

A kind store manager

Neal then shared the following incident, which began in the parking lot while he was tending to carts. A mom waiting in the car with an infant had given “Kitty,” a little girl of about 11, a shopping list and money.

“With a big smile, the girl returned with her purchases and the receipt, but no change,” Neal wrote. “She should have had 75 cents and told her mother, ‘I forgot to take it.’ Mom sent her back, but the checkout line was closed, and her money was gone. Kitty returned to the car in tears.”

Neal noted that it appeared to him that the family needed that change. So he approached the woman and said, “‘Please, all of you, follow me inside.'” He led them to the checkout counter, which was now closed.

An employee reported that, yes, 75 cents had been forgotten, and she had looked for the little girl but could not find her. So she’d placed the money in a donation box at the register, which now contained only three quarters.

“I handed them to Kitty,” Neal wrote.

But that wasn’t all he did. He next instructed the store’s assistant manager to escort the woman and her children through the aisles so they could fill a grocery basket with “whatever they needed.”

“Mr. Beaver, among the employees who were present, there wasn’t a dry eye. With food prices so high, I felt — and our management agrees — that we need to help those in need.”

How does forgotten customer change impact the supermarket?

Neal outlined the consequences of forgotten change to the supermarket, which might be surprising for some readers. “It is a time-consuming headache that can have serious consequences, such as employee termination for repeated incidents of failing to draw the customer’s attention to their change.”

Specifically, forgotten change can:

Lead to a cash drawer imbalance. At the end of a shift, if forgotten change is still in the cash register, it will cause the cashier’s drawer to be over what the register reports. While it may be an honest mistake, it still counts as a discrepancy that reflects poorly on the cashier’s performance.

Draw theft suspicion. Frequent overages or shortages in a cashier’s drawer can raise suspicion of theft or poor cash-handling abilities. Management receives special training in spotting patterns of discrepancies that may be a red flag for misconduct.

Cause embarrassment for customers. Having to return to the store for forgotten money can be embarrassing. The inconvenience also reflects poorly on the checkout experience, discouraging repeat business, especially if the money has been taken by someone else.

Trigger complaints and even small claims court lawsuits. On occasion, customers will file complaints with management or even in small claims court, usually over claims of several dollars not being returned.

Some of these situations are legit, but just as most stores would rather let a shoplifter walk away instead of arresting them, far too many just pay off an obvious con to save time and court costs.

‘Finders keepers, losers weepers’ doesn’t come into play

Surprisingly, over the years, when recognized while checking out at a supermarket near our home, I have been asked by cashiers, “I know that I am supposed to give forgotten money to the store manager, but what happens if I keep it? Doesn’t the law of ‘finders keepers, losers weepers’ apply to forgotten change?”

I always reply, “‘Finders keepers, losers weepers’ is not a valid legal principle for forgotten change — that includes left-behind debit and credit cards — in any state. Management has the obligation to try to return it to the owner, if that person can be located without an enormous investment of time. Often, if there is no idea who left the change behind, small amounts will simply be donated.

Caveat: Lost, forgotten or unclaimed property raises complicated legal issues that I’ll discuss in a later story ­— I promise!

And then I add, “So, if you value your job and do not want to spend some real change on hiring me to defend you for theft — because it is considered theft if you take money without trying to return it to the owner or turning it in to the store or police — here’s my business card in case you have further questions.

“I would prefer to see you working here, not sitting in the county jail.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post The Unsung Hero of Aisle 5: A Tale of Forgotten Change and Compassion at the Supermarket appeared first on Dennis Beaver.

If you are in a line of work that requires a written contract — such as painting and wall coverings, flooring or remodeling — today’s story will help keep you out of hot water.

Let’s talk about contracts. On any reality television courtroom show, such as Judge Judy, we’ve all heard, “No matter what you thought, expected or were promised, if it’s not in the contract, it’s not there.”

The reason is that courts have to rely on what’s written and cannot consider oral evidence that varies from its terms, with few exceptions.

Lawyers often hear, “‘Well, I assumed that we would have this, or they should have known that.'”

Making assumptions about what a customer would know, understand and find acceptable, combined with failing to describe the actual appearance of $30,000 in reclaimed wood flooring, is the basis of our story.

Loved hardwood floors

“Martha” and her husband of 60 years, “Thomas,” loved the appearance and feel of their Douglas fir floors in the kitchen and family room of the house where they had lived for over 50 years. Like the couple, the Douglas fir had aged beautifully.

One weekend when they were out of town, a water pipe in the wall behind their kitchen cabinets began leaking, flooding the house.

Martha hired a restoration company to oversee the replacement of the floor. The owner, “Santos,” told me, “Dennis, if it had just been a few hours, we would have had a chance to save the flooring, but it only takes 24 hours for warping damage to become permanent, requiring replacement.”

He added, “(Martha and Thomas’) insurance company could not have been nicer to them, immediately approving replacement of all wood floors in the entire house. We seldom hear about the good things claims adjusters do.

“Here, she could have denied coverage on the basis that it was a slow leak that went on for days and was therefore not covered. Instead, she helped this couple.”

But that left a question: What kind of wood floors? Reclaimed or distressed wood?

Reclaimed wood is often the most pleasing choice

Reclaimed (salvaged) Douglas fir ideally would be used to replace what had been destroyed. That is any wood that has served its original purpose — for example, old buildings, barns, factories, bowling alleys, gym floors and fences.

Reclaimed hardwood flooring has an aged and worn look that is pleasantly warm with a rich patina. Typically, it has developed a unique character, durability and was often sourced from old-growth trees over a century ago.

Also, it can be far more stable than newly harvested lumber that is “distressed” and artificially made to resemble old wood.

Drawbacks of reclaimed wood

I phoned reclaimed wood dealers across the country and asked, “What are some of the drawbacks, if any, of using salvaged wood for kitchen and family room floors?”

They listed these imperfections that could render the flooring unacceptable:

• Nails and staples, which could cause cuts, scrapes and the risk of a tetanus infection

• Termites, which could spread an infestation to the entire home

• Mold and mildew could expose the family to harmful spores

There also could be knot and bolt holes. Every dealer I talked to cautioned that, while there is no one standard, bolt and knot holes greater than one-quarter inch in diameter that go completely through a plank can be a structural weakness, especially if there are too many, if they’re in high-traffic areas or if they’re near cracks.

They can also pose a tripping hazard.

One dealer said that consumers need to make sure that they see photos of the actual planks they’re buying so they know what they are getting.

The contract

Floor-Co (not the actual name of the company) submitted a proposal to Santos to do the replacement, which Santos accepted and then let Floor-Co do their thing, which is standard operating procedure.

Now, picture yourself as the owner of Floor-Co. Your customers are in their 80s. You install the flooring. Weeks later, a guest trips and falls when the heel of their shoe catches on a large hole in the flooring and suffers a hip fracture.

Is your company at risk of being sued because of the hole the guest tripped over?

You bet!

So, wouldn’t it make sense to state, right in the contract, “Customer is aware and understands this reclaimed wood flooring has multiple knot and bolt holes over one-quarter inch in diameter, which create a stability risk and danger of tripping and falling.”

But that requires something that is always in short supply: common sense in taking the time to alert your customer to a risk with your product.

Floor-Co’s contract stated: “Reclaimed Douglas fir stained and custom-finished to match as close as possible control sample of existing floor.” There was no mention of or any photos shown to the customers of what turned out to be a wooden Swiss cheese of bolt holes, some well over half an inch in diameter.

“We assumed they knew what ‘reclaimed wood’ meant,” Floor-Co’s angry owner told me after Santos refused to pay for the wood.

Before installation, Floor-Co never showed the material or photos to either the homeowners or Santos, and that wasn’t required according to the contract.

I saw photos and a video of the flooring. It scared me. Holes everywhere — big holes — just waiting to catch someone’s toe or shoe. No one in their right mind would ever accept such flooring material. And Martha and Thomas are not cognitively impaired.

“Can you imagine their grandchildren walking barefoot, and one of them gets their toe caught in a hole? Bad fall and loses a toe!” Santos said, “They never even told us when the installation was planned! They just did it over a couple of days. The couple ordered us to remove it when Floor-Co refused.”

Customer’s right to reject the installation

Since the contract did not disclose the presence, size or frequency of bolt holes, the flooring would likely be considered “nonconforming goods” under the Uniform Commercial Code (UCC), allowing the buyer to reject goods that do not conform in any way.

Floor-Co expects to be paid. Santos and the couple refuse but are agreeable to the installation of distressed wood, or safe reclaimed wood. Thus far, Floor-Co has refused.

Luckier than they realize

Karl Susman, a Southern California insurance broker and expert witness in insurance coverage cases (and also a Kiplinger.com contributor), said, “Floor-Co made the classic mistake of assuming their customers knew the reclaimed wood could have all of these defects, yet they failed to show them photos of what was about to be installed.

“That negligence could wind up biting Floor-Co on the nose if someone got hurt. Instead of complaining, they should thank Santos and the couple for saving their bacon,” because since the floor has been removed, no one else is at risk of being injured in a fall.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post This Is Why Judge Judy Says Details Are Important in Contracts: This Contract Had Holes appeared first on Dennis Beaver.

December 15, 2025  • By Dennis Beaver

The children of Morgan Clayton, founder of Tel-Tec Security Systems in Bakersfield, California, share how their father’s wisdom, life experience and caring nature have turned their family business into a locally respected powerhouse.

Over the years, I’ve worked with families who own businesses — represented, consulted, held nervous hands, kept family members from diving across the table at each other.

In the process, I’ve come to know just how difficult running a family-owned business can be.

Often, conflict arises when a son or daughter graduates from college with a business degree, their head filled with ideas from classes taught by professors who have never actually been in business. The kids want to go in directions the founders (Mom and Dad) see as financially dubious.

Managing these types of conflicts can yield results that are equivalent to a shot of vitamin B-12 if — and it is a big if — the parent/founder can bring to the table wisdom and respect of and by family, friends and customers.

That one person can unite family and employees, leading to a level of business success and accomplishment that can positively impact an entire community. I’ve seen it happen, including with the topic of today’s column.

Honored for decades of service

One of the most inspiring people I know reflects those qualities in his life and the family business he founded.

I was present in May 2025 when 69-year-old Morgan Clayton was awarded an honorary doctorate of Humane Letters by the president of California State University, Bakersfield, because of his decades of service to his community. (Editor’s note: Mr. Beaver was also awarded an honorary doctorate, but he’s too humble to mention that here.)

As chairman of the board of Tel-Tec Security Systems, which he founded in 1982 and which serves more than 20,000 customers in California’s Central Valley, Clayton is proof that thinking of others, including helping youths in need of direction, is of enormous value to a community — and reflects positively on a business.

I sat down with his three children — daughter Tasha and sons Kevin and Tyson, whom their father described as “being essential to our growth, who we are today” — and asked them to describe what their father does that has made this family-run enterprise so successful and respected.

“Morgan’s very DNA is rooted in finding positive solutions, sending a message that he cares,” Tasha said. (As a sign of respect in the workplace, the siblings refer to their dad by his first name.)

As I talked with these three siblings, it soon became obvious that their father’s attitude and life philosophy would benefit family-run businesses everywhere.

The words and philosophy Morgan Clayton lives by

With an endearing smile, Tyson added, “Everyone is his friend, and one of his famous quotes is, ‘People do business with people they know, like and trust.’ He lives by that — making decisions with this philosophy and referring to it all the time.”

Kevin noted, “He doesn’t accept ‘no’ as an answer and will do what others overlook or don’t want to do. He has always been a role model for our family and employees, with qualities that open the door to success, beginning with generosity, thinking of the less fortunate in our community and asking, ‘How can we address this situation? What can we do, as a company and in our individual capacities, to help?”

‘There are no obstacles — only opportunities’

I asked Tasha, “How does Morgan’s philosophy apply to finding solutions to obstacles or challenges that come up in your business?”

“I have often heard him say there is no such thing as ‘an obstacle,'” she said. “It is called ‘an opportunity.'”

Tyson observed that Morgan “doesn’t hear negativity; he doesn’t like it. He can’t stand it. Everyone knows — family, board members and every employee — that if you have a problem that needs his help in finding a resolution and you want to discuss it with him, you’ve got to be open-minded and look at the issue as an opportunity.

“If you can’t navigate in that direction, then do not waste his time. Morgan is always seeking a win-win solution and does what it takes to achieve that in an honest and ethical way.”

Curiosity plays a huge role: They track every customer they lose

Curiosity, I learned, runs deep among Tel-Tec’s management. They want to know how they are doing, especially when faced with a customer who leaves the company.

When informed that a customer is at risk of departing or has actually left Tel-Tec, the company begins a process to discover if it was due to an error on its part. Employees ask, “Can we make it right?”

“Everyone’s voice is important,” Tasha points out, adding, “We do not disregard. Rather, we bring issues to the table, and it is so comforting to know that our brand is affected by the vision people have of us.

“The best referrals come from our customers and from all of us understanding that our culture includes providing superior security services and giving back to the community.”

‘When you invest in us, you invest in your community’

As I learned from his children, Morgan Clayton didn’t just file corporate papers and open the doors of a security company. “He created a vehicle that provides needed security services and benefits to our community that cannot be measured in dollars alone,” Kevin said.

As one Tel-Tec worker told me, “We know how blessed we are to be part of all this.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post What Makes This Business So Successful? We Find Out From the Founder’s Kids appeared first on Dennis Beaver.

When was the last time that you were paying for your groceries or other items, and the cashier asked, “Would you like to round up your total for charity?” Perhaps they didn’t tell you which charity. Or maybe they simply asked, “Would you like to round it up?”

That’s what “Sylvia” and her mother encountered at a home decor chain store that sells bedding, kitchenware and holiday goods.

“After all of our items were rung up, my mom paid in cash, and then the cashier said, ‘Would you like to round it up?’ Mom said, ‘Sure, no worry. There is a shortage of pennies. That’s fine. We don’t need them.'”

“At home, we were reviewing the receipt and saw that the last entry was a 32-cent payment to St. Jude (Children’s Research Hospital). Totally unexpected! We had made a charitable donation without realizing it.

“We don’t object to the donation, but we feel we were misled because we weren’t informed where our money would go and therefore didn’t give our consent.

“I think this is something you might look into, Mr. Beaver. How widespread a practice is this?”

They were indeed misled

Sylvia is right. They were misled, and with Sylvia on the line, I confirmed it by speaking with the on-duty manager at the store, asking her, “Do you have a charity campaign for St. Jude?”

“Yes, we do.”

“Do your cashiers tell customers that ’rounding up’ their total means that their change goes to St. Jude? Or do they just say, ‘Would you like to round it up?'”

She refused to answer but insisted that Sylvia tell her who the cashier was. “Give me the register number on the receipt.”

I repeated my question, which she still didn’t answer. I took her refusal as an admission that, yes, cashiers ask customers if they want to round up their total without letting them know where their money will go.

Of course, who can forget the past few years of constantly being bombarded with “Would you like to give a dollar to XYZ organization?”

But we don’t hear that much anymore, because “checkout charity” has been replaced with the “round it up” verbiage.

Perfect example of impulse giving

America is a generous nation. If you look at the Charities Aid Foundation’s World Giving Index, the United States ranks near the top of countries whose citizens are among the most generous on the planet.

Now, there is giving when you know where your gift is going and you want to donate, but snookering us to give even a few cents to an unidentified cause is more than not acceptable. It is generally considered illegal to solicit charitable donations without revealing the name of the charity and the purpose for which the funds are being raised.

Both federal and state laws require transparency in charitable solicitations to protect the public from fraud.

And when it happens at the checkout counter, the customer has only seconds to decide.

In any other business or commercial setting, we would say, “Wait a minute, I have some questions.”

But when people waiting behind us in line are close enough to hear our conversation with the cashier, the result is pressure — you are being pressured to give your money (i.e., make a buying decision with no time to think it over) to an organization that might not have been identified.

After asking if you’d like to donate, the cashier should say, “And your donation goes to XYZ.”

But that’s not always so, according to the 2025 Charity Checkout Champions Report by Engage for Good and presented by Adyen, which analyzed 92 point-of-sale (POS) fundraising campaigns that raised over $275 million in 2024. The report found that only 74% of the campaigns clearly identified the benefiting charity.

I spoke to an executive of one of the North American companies that helps businesses collect donations for charities at checkout. He asked that he and his employer not be identified because the information he shared with me is more frank than his employer would prefer. Once I promised not to share his identity, he was quick to admit:

“We show cashiers how to seize on a customer’s psychologically weak moment, when their donation could be going to a group they might not approve of and would never give their money to.

“But impulse giving is huge in the charity business, and so your very presence in the checkout line lends itself to being pressured into making a split-second decision for an altruistic reason.

“Unless full disclosure is made about the recipient of the donation, this is highly unethical, but (businesses get) away with it all the time.”

Findings on impulse giving

Fifty-three percent of Americans donate impulsively at the checkout counter, according to a 2024 survey conducted by Binghamton University researchers. They found:

• Impulse giving is often driven by social pressure, emotional appeal and the ease of the transaction.

• The donation request is embedded in a moment of financial exchange, making it feel like a small, convenient act of generosity.

• Many consumers report feeling guilty or obligated when prompted, especially in face-to-face retail settings.

• Younger customers are more likely to give impulsively than older people.

What businesses should do

The executive I spoke with offered these suggestions to help retailers that adopt checkout-charity programs do everything correctly and steer clear of trouble:

1. Name and describe the charitable organization.

• The name and purpose of the charity should be clearly displayed at the checkout

• You should verify that it is recognized by the IRS as a 501(c)(3) nonprofit

2. Provide an explanation for how customers’ funds will be used.

• Include administrative or processing fees

• Break down how much goes directly to the cause

3. Ensure funds are given voluntarily and that informed consent is obtained.

• Your workers should make it clear that the donation is optional

• Customers should be told that they can decline

• Your workers should not use language that invokes pressure or guilt

The executive concluded our interview with these cautionary words for retail businesses: “Checkout charity is highly effective, and at the same time, we are hearing more and more objections to the pressure to donate. My fear is this has the potential to backfire one day.”

All that said, checkout charity isn’t a bad thing when it’s done right. According to a Charity Watch blog, checkout donations allow charities, especially smaller ones, to raise significant amounts of money from a much larger pool of donors than they could normally reach. And because the process is part of a transaction that’s already being conducted, the fundraising expenses are much lower.

So the bottom line here is that shoppers should make sure that they are aware of what they’re donating to before they hand over even a small donation at the checkout. Here’s what you can do if you encounter a request to round up your total:

• If the cashier isn’t clear about what the money will be used for, ask.

• Don’t hesitate to ask further questions about the charity. Maybe it’s one you’d be happy to support.

• If you’re not interested or feel there isn’t enough information available, simply and politely say, “No, thank you” or “Not today.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post When Checkout Charity Gets Uncomfortable — and Maybe Even Illegal appeared first on Dennis Beaver.