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my friends parents are sueing walmart because they were totally embaressed in front of a large crowd by a employee calling them both theifs when they dident steal anything do they actually have a case?

2006-10-19 13:12:40 · 8 answers · asked by Anonymous in Politics & Government Law & Ethics

8 answers

Probably not much of one. It depends first if the employee was negligent in thinking so. If she had reasonable grounds to think that they had shoplifted (though she was obviously wrong) then it is not a good case. The other issue is damages. In what way were they hurt or damaged? If they were held against their will for a period that is worth something. If they sufferred some severe mental anquish that is worth something. If they were just a bit embarrassed in front of people they don't even know that is not worth much.

2006-10-19 13:17:20 · answer #1 · answered by beckychr007 6 · 0 0

Probably not. A lot of states have shop keeper immunity geared towards protecting stores from this kind of action. This means that if the employee reasonably believed that your friends had stolen something, she had a right to stop them from leaving the store and confront them. The key is "reasonable". The immunity does have some limitations.The employee can't hold you longer than is necessary to determine whether or not you've committed a crime. Also, to be liable, the employee's behavior would have to be considered "outrageous". I don't know if embarassing someone in that matter amounts to that level of conduct. Additionally, as another user mentioned, what would your damages be? The courts don't grant moral victories, only monetary victories.

Your best bet would be to write a letter to the Walmart Corp. explaining what happened. Who knows, maybe they will send you something to make up for their mistake?

2006-10-19 13:28:57 · answer #2 · answered by dasvidas 3 · 0 0

well, if ur friends' parents are black or another minority, they'd have more of a case cuz the employee likely just stereotyped and assumed something was lifted. therefore, there would be a discrimination suit of some kind. if the employee did call them "thieves", then that's a big no-no...I worked retail before, and we were told never to use those types of words: steal, shoplift, thief... If someone set off the alarm, then we'd say, "oh, did we forget to take off a tag?" We'd take the blames ourselves vs. blaming the other party.

2006-10-19 13:23:06 · answer #3 · answered by Anonymous · 0 0

Malicious accusation is the offense committed by the Walmart employee for telling someone as a thieve. A complaint can be validly filed against him in the police station so that he will be subjected to an investigation.

2006-10-19 13:19:06 · answer #4 · answered by FRAGINAL, JTM 7 · 0 0

she will be ready to't sue Walmart. there replaced into probable a huge project between both and in case you flow to court docket and also you lie about something. your scuffling with a huge business business enterprise, you had extra constructive be particular each and every thing is the actuality or you've gotten a demanding time searching a job. They nevertheless blacklist human beings.

2016-12-05 00:40:29 · answer #5 · answered by Anonymous · 0 0

Are they caught on tape or just eye witness?

Who knows.. Walmart has been so much this past year..they would probably win against walmart.

I don't like walmart. The workers are miserable and so negative towards their customers. I had a walmart lady so busy yacking at another employee she walked right into me and elbowed me and stepped on my feet .I put my hands out to stop her and she got pissed off at me as if i was in her way....HELLOO I AM THE CUSTOMER!

2006-10-19 13:21:35 · answer #6 · answered by Anonymous · 0 0

Absolutely! If you are stopped for shoplifting or theft in ANY store, you have the right to demand a law enforcement officer to be there and arrest you before you are searched. Then when you are proven to have no ill gotten goods on you, you have a right to sue them for false arrest. Also, the employees may not touch you in any way.

2006-10-19 13:23:25 · answer #7 · answered by Anonymous · 0 1

Yes, especially if the "real" police showed up and determined they were falsely accused.

2006-10-19 13:19:48 · answer #8 · answered by Albert F 5 · 0 0

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