Can this be a legit lawsuit??? Ok, before I explain anything I will not mention the actual store.?

Question

My friend and his brother went to a clothing store to buy some things. As they and other customers walked into the store a beeping sound went off as every customer walked in. They bought what they needed and as they were both walking out again the alarm went off as they walked out. So, they are in the parking lot as they hear some people yelling,they turn around and it's 2 employees asking them to come back to the front of the store. So, they walk back and are asked to take out their receipts and as they, other customers are leaving the store as the beeping sound keeps going off as each person walks by. My friend stated that he doesn't appreciate this bcause the employees are causing a scene as if they stole something. As, the employees are checking out the items in the bag, a third employee barges out of the store yelling and asking if there is a problem. My friend explains what had happened and the employee grabs his necklace and says the necklace is the reason the alram went off.

My friend said don't touch my necklace, and the employee started to curse him out. He starting calling him all these racial slurs as in cracker , white boy, ****** and took of his employee id and started threateing them saying i will f*ck u guys up. So, my friedns started walking towards their car that was parked in the parking lot, as the employee started approaching them saying they are pus*y's for not fighting! My friend then said i want to speak to your manager as the employee said f*ck this job, i really dont care if you speak to him. As this is going on, a group of employees ran outside and grabbed the irate employee saying to him to relax and for him to come back inside the store. As all of this is going on, the manager of the store is watching this happen from inside of the store! They finally went into the store right after the employee went back inside, and asked if they can speak to the manager. The manager said he would like to talk with them outside.

They explain everything that had happened as if the manager didn't know! They said how disrespected they felt and threatened by what was said and done to them. The manager kept apologizing to them and staing that the employee has worked their for nly three days so far. My friends said that was no reason for the employee to act the way he did! The manager kept apologizing and my friends said they were going to call the police. The manager at that time kept apologizing more and said this will never happen again. He said to them that they can get whatever they want.. he asked them if some gift cards would be enough, and my friends said no. They told him that money and giving them gift cards would not be acceptable, so the manager told them that he would contact his gmanager, and that they would get back to my friedns asap. So the manager took down their phone numbers, its been couple days and they never even got a phone call.

Answer 1

Write the management/corporate headquarters/owners of the store a nasty letter explaining what happened and tell them you will never shop there again. But there's no reason to clog an already clogged court system with a lawsuit based on this.

Answer 2

May not necessarily be a LAWSUIT, but I've heard stuff like this on the evening news ALL THE TIME....a little well-placed embarrassment for the store could at LEAST get the bitter little employee FIRED..... If the neckless set off the alarm, it would have had to have a special "chip" in it like all merchandize does before the clerk removes it at the time of sale. You MAY have to come up with a receipt in COURT for the neckless OR, you might try going back to the store wearing EXACTLY what you had on that day and seeing if the neckless sets of the alarm THIS time----if it doesn't (which I would BET it wouldn't).....then the employee LIED through his eye teeth and just started the entire brew ha ha because he WANTED to. Heck, I'd get the guys NAME, publicize THAT to the news and the store and the name of the manager and anyone there .... what the heck, if it's a slow news day, the NEWS station might just investigate it somewhat.... or, you can just drop the entire thing and go on with your life....

Answer 3

In order for there to be a suit, there must be damages; in this case I can see emotional trauma coupled with embarrasment, there is further posibility of Libel due to the employees conduct towards persons in public as "it makes them look bad"; the racial issues are also making it more complex for the store to defend; yes, a suit would fly but a settlement is the rout it would most probably take.

The customers need to contact an attorney, tell him/her what happened and have him file a claim, with the store; the claim will seek damages to be paid and purhaps an apology will settle the matter.

The store will not want to go public on this as it is bad business; I have been there on events almost Just like this, and yes, it happens.

Answer 4

effective, it has some advantage. you should probable settle and get some thousand money. your associates received't get wealthy off this if it really is what you're questioning. yet submit to in recommendations, your criminal specialist will take a million/3 of even with you get, it really is going to soak up a ton of your time, and also you would get some funds a three hundred and sixty 5 days or so from now. If I were you i ought to easily tell your associates to settle for some present certificate and when you think about that jerk fired. after all the chief did say sorry and tried to make good.

Answer 5

Grabbing the necklace could theoretically be grounds for an assault suit, but we're talking nominal damages at best. Civil suits don't tend to result in punitive awards unless the conduct of the plaintiff is beyond all bounds of civilized decency, and though the conduct of the employees in this case was rude, it isn't egregious. The court will only compensate for actual injuries suffered, and it doesn't seem like either of you suffered much of an injury. As such, if you did decide to sue, you'd probably spend more on court costs and attorney's fees than you could ever hope to win.

Suck it up and shop somewhere else next time.

Answer 6

A civil lawsuit for harassment could be filed, and depending on the type of hearing you have, jury or judge, you could win or lose. It is one of the things that keeps lawsuits down but also blamed for frivilious lawsuits. It is all dependant on what you have to prove what occured. In a civil lawsuit you do not have to prove beyond a reasonable doubt it occured, just a reasonable belief that you were wronged. But you also take a great chance. The best thing to do, if you wish to pursue it, is speak to legal aid, they are alot cheaper and could give you PROFESSIONAL advice on local rulings and cases, as every county, state and district would see it differently based on case law, which is prior judgements similar to what you are pursuing.

Answer 7

Yes. Racial discrimination works in all directions.

Also, for them to target your friends out, when there were others who were not asked to return... thats called profiling.

And the employees can be charged with verbal and physical assault and harrassment.

I say file it. Im tired of everyone being racist towards whites and nothing be said.

Nowadays segregation only exists bc black ppl feel more powerful that way.

Answer 8

As a lawyer, and in answer to the obnoxious "what are their damages?" answer, I see lots of causes of action. Your friend was not only embarrassed, he was assaulted by the store employees, not to mention the damage caused by grabbing the necklace. (Of course, I'm assuming that the necklace wasn't actually being stolen!)

The security guards are only allowed to detain someone while the police are called. They aren't allowed to use what is called "self-help" to seize the merchandise on their own.

The problem is actually one of proving what happened. You're going to find a lot of store employees willing to testify to the store's hired thugs' version of what happened. Can your friend produce witnesses other than his brother?

And did your friend receive medical attention or seek counseling as a result of the incident? Did he miss work? It will be hard to claim that the thugs injured him if he walked away and didn't seek medical attention or miss work.

Answer 9

what exactly did your friends want the manager to do other than have the employees fired they did not want the money ie. gift cards so what would suing the company do for them

Answer 10

See a lawyer, and then contact the local news.

If your story gets on the local news, you will get a call, apology, and possibly a settlement from this store.