Can I sue a company that had an employee that made fun of my daughter?

Question

I was at a chain hardware store..when an employee (an older lady by the way) begin pointing out to other customers that my daughter had bow legs (she has a vitamin def.) I felt very hurt for my 2 year old and went immediatley to the manager in tears. He didn't know what to say or do and I'm pissed! How can I make things right? Please don't be rude as this is a sensitive subject and you will be reported.

Answer 1

Vykky, I am saddened to hear that even people, of what should be a mature age, still revel in mocking children in such a juvenile manner. Since I am not an expert in jurisprudence I can’t state emphatically whether you can or cannot sue for offensive statements made by an employee of a business, or the failure of the manager to take corrective action against that employee. I would surmise that you couldn’t sue on those grounds, because if you could, the court system would be bogged down with a host of law suits because people get insulted every day in business establishments.

My bigger question to you is why would you want to sue? So a small-minded person foisted an insult at your small daughter who, given her age, is not even aware of how hurtful the comment was. So what? Doesn’t the very attempt to sue, set a bad precedent with your daughter, teaching her that every infraction made against her requires some sort of retributive action. Be the bigger person and ignore the small-minded person, and the company for the inconsequential people that they are. That is the best lesson you can teach your daughter, and they are never too young to learn it. The aphorism “Sticks and stones may break my bones but words can never hurt me” might be a statement made by children, but it is sagacious advice for adults as well.

Answer 2

It was very ignorant of the person insulting your child and if it was an employee she should be fired on the spot. No I don't think you would have a case against the company and I doubt that would help your daughter. Follow up with the owner of the store and form a group of your friends to confront him insisting on firing this person or forming a boycott with signs explaining why this is being done. Write to your local paper, report this to the Chamber of Commerce. Begin a chain of events on your own and leave the idea of a lawsuit behind. It really would not profit you. I believe both a judge and jury would think you were over reacting and you want money rather than vindicating your daughter.

Answer 3

Hurt feelings do not = law suit. I would write letters, threatening letters to the store and its headquarters. Call them as well and be sure to get the name of everyone you speak with. Dance around the idea of a law suit, at the very least promise them a letter to your local newspaper/TV station. Big companies don't want that kind of press. Expect apologies, demand satisfaction. What satisfaction is to you, I don't know...but, I would want lots of free stuff *wink

I have young ones and being a guy, I may have wound up in jail for my actions if I went through the same thing. Sorry to hear about your ordeal, I'm sure your daughter is cute as a button.

Answer 4

I posted this in your other thing but I wanted to be certain yoiu saw it.

I have a child with a visible deformity, and keylimes advice was spot on.

I have done the same of what she suggested and it is effective in dealing with outright rudeness from strangers. I'm no expert but from reading what she wrote, I can see that those are the words of a person who has been in that situation and knows how to handle it.

You are the one who is in the wrong here and you are trying to punish her because she hit a nerve. You didn't handle the store situation very well and being upset you want to take it out on others.

I'm sorry but if I were a real life friend of yours I would have said the exact same thing to you that she did. You have to learn how to handle these situations that are guaranteed to come up between strangers and your daughter. She gave you some very valuable advice and you turned around like a baby and did what you did to keylime. You and that other woman who helped you should be ashamed of yourselves. I mean that.

I feel so sorry for you. And I pray that you see that what you did here is wrong. She was the only person in that whole string of people that gave you the kick in the can you needed. Everyone else gave you sweet nothings that won't help you at all.

If you and richbeeotch want to start another thing and urge people to report me because I disagreed with you like you did to keylime, go right ahead. You don't scare me. You have troubles and I guess the only way you are able to deal with them is by taking your anger out on people who you don't have to face.

God Bless.

Answer 5

If you do sue over this, there is a 99.99% chance that it will be thrown out of court as a frivilous law suit. Although you are hurt by the comments of an insensitive employee of a company, you can't just sue the company and expect to win. If everyone did this, there wouldn't be enough courts in the US to handle anything other types of cases..

Answer 6

Can if you want. I wouldn't take their comments so seriously, though. Just don't go back there.
Actually, now that I think about it more, don't sue. Please. That's a little like the case where a mother knew her child had allergic reactions, and she bought him a burger anyways from McDonalds, and when the kid was sent to the hospital after a reaction, she sued the McDonalds. Please, can you just leave it alone? Again, don't go back there. I don't mean to be offensive, but in the case of this store clerk, as they say, the bully usually picks on his or her victims because their life is freaking terrible already. Please be noble and allow that scabby old cow to live on as a store clerk. If she chooses to be a miserable old lady, then it's probably better if you leave it at that. Sorry about your kid.

Answer 7

Because we all have the right to exercise freedom of speech, you can't sue someone for saying things you don't like. People are often rude and careless without meaning to be simply because they weren't raised well or taught to consider the feelings of others. I'm sure that the employee has either been fired or will be, soon, over this matter.

Answer 8

I can understand your hurt and anger, but you want to sue? I would certainly write to the head of company and make them aware of what type of employees they have working for them. But to sue over this seems a bit extreme. Seems to me most kids that age are kinda bow legged anyway including my own. But I always thought that was due to the fact were Texan.

Answer 9

as long as they'd tutor that they fired you for violating any business enterprise coverage (like utilising the gas card on trip) there's no longer something you're able to do. in spite of the undeniable fact that, in case you could tutor it to be a detrimental environment you're able to get unemployment reward, yet this is an prolonged shot. conversing from a managers viewpoint however, I in no way hearth somebody until eventually I easily have good evidence that they violated business enterprise coverage. certainly that they had probable been searching for a reason to get trip of you for an prolonged time. i might say enable it flow and only difficulty approximately them attempting to black ball you out of destiny jobs. And lay off the caps this is impolite and there is not any reason to shout at us.

Answer 10

You should just try to sue the old lady. The company cant fire her because of what she said unless she sexually herassed someone. It's hard to make a case against her i doubt you have a case. Like judge judy says "Madam some people say bad things and yes they are hurtful and terrible but you cant sue them. Example people lost love ones in 9-11 and Ward Churchill, a radical professor said that the people who died were ikemen. We cant do anything to him. It's called free speach.