Legal Question in Civil Litigation in Georgia
hello, I was stopped by Wal-mart security on Christmas eve 2011 as I was exiting the store. this guy (I guess was undercover..no uniform) and a lady in walmart uniform walked up behind me at the exit door the guy said "mama you either pay for the items in your bag that you did not scan or I will call lawrenceville police" he then said that I had a turkey and headphone in my bags that I did not scan in the self checkout register. I had my receipt in my hand and showed him the items he asked about..I also proceeded to point out the other items in my bag and showing them to him on the receipt he said I sorry I'm just doing my job you have a merry Christmas. this happen to me once before a few years ago in this same store at that time I took everything out the bags ,spread it on the floor, emptied my pockets and purse,and matched everything to my receipt I am a 49 year old African American grandmother and has never taken anything in my life from anywhere or anyone...this is the second time I have been stopped and embarrass in front of a bunch of people especially on Christmas eve...can I sue for harassment? if so what do I need to do next I sent a e-mail to wal-mart main office and I called the 1800 number, someone called me back about 2 days later said he would check the tape and call me back...then nothing for over a week I called back and received another call on Saturday 1/7/12 from a guy who said he was the manager of the store and that he never received my first call and don't know who called me.he apologized and said he would look into it and call me back...it been almost a week now and no return call
thank you
2 Answers from Attorneys
Nothing in your post remotely supports a lawsuit.
However, a polite letter, with a more courteous tone than your post, written personally to the CEO (you can find his address in a few minutes with Google), mentioning that you did not receive any followup from the store manager or your email, will likely get you a small giftcard as an apology, if you are reasonable in your request (maybe $25).
In the future, when you have a problem, don't email, and don't call the 800 number. An old-fashioned polite letter to the CEO, rather than a call to a minimum wage customer no-service worker, will almost always get far more attention.at large companies.
Stores generally have the right to ask people to show their receipts and their shopping bags. If they unlawfully physically detained you, it might be a different issue but that is not in your post. I am not sure what your age and race have to do with it - you did not say.
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