[ScottGem]

He wanted 'input!' That means, he invited others to give him advice, comfort, support, etc. Criticism you can get at Wal-Mart, but he came here for direction.

Where did I criticize him? He got advice, he got support. But he left it unclear about what he wanted to do next. I was trying to determine that so I might be able to help further.

[Morganite]

yumyumyoyo, never cross your mind that the walmart employee might just be a racist? all your examples are negative about me, without knowing me.

Yumthing sounds like a not-so-crypto-racist. I blame his/her parents for not teaching him/her to be nice and polite to everyone.

Here in the US esp with help from like the ACLU they are really looking at
"hate speech"

think in court the poor victim now afraid with all the mental pain to even go shopping again. Of course no high profile attorney will take it unless there is someone to sue that actually has money.

But again esp here in the US being right, having a good case means little anyone can sue anyone.

Wal-Mart has money, and the clerk as servant of the company represented the company and so in law the company is liable. There is a case for them to answer and they are liable for damages.

The man was insulted and demeaned. You also demean him by referring to him as a 'little anyone.' This is probably the most disappointing this of yours I have ever read as you are normally a sensitive, caring, Christian person. Today, you dropped the ball!

M:)RGANITE


.

Yes this is not Walmarts feelings by any means, they are well known at even hiring illegal aliens of hispanci descent.

But people do sterotype people and people often have stong view points of illegal aliens in our nation.

But at work people are not allowed to express personal beleifs.

I would say while it is not proper, and it is against walmart policy and I am sure walmart will punish this person,

While you have no case against walmart, you may be able to sue the person who said it, but you would or may havve to prove he said it.

Where did you take your law degree?

[excon]

Hola otra vez:

I don't think you have a "winable" case against Walmart, if winable means you'll get a judgment. I don't think you WOULD win a judgment, but that doesn't mean I don't think you could get a settlement.

Line your ducks up. Get written, sworn to afidavits from any witnesses. Write down your recollections. You bet, call the news media, make a stink. Lawyers will be calling you.

I don't think being told to go back to Mexico is worth being paid a lot of money for. But, I never thought spilling a little bit of coffee in your lap would be worth millions either - but it was.

excon

[ScottGem]

Wal-Mart has money, and the clerk as servant of the company represented the company and so in law the company is liable. There is a case for them to answer and they are liable for damages.

What damages? Sure he was insulted and demeaned. But other than having his feelings hurt, what damages did he incur?

Yes, he can sue Walmart. Will he win, I doubt it. Will Walmart settle a couple of thousand to make the suit go away, very likely. But if he goes to the press FIRST, he removes part of the incentive for Walmart to settle.

[CaptainForest]

Angelico,

Thank you for posting the details of what exactly happened to you.

I assumed you must have done something to piss him off, but according to you, this guy is just a total arse.

I would have said something after he bypassed me the first time. Not waited, but that is just me.

Other than filing a complaint with Walmart there isn’t much you can do. You could file a complaint against Walmart to your governments business complaints department, if you have one in California.

While I personally see no damages that you could sue for, Fr Chuck seems to think you might be able to. And since I do not live in the US, I would defer my judgement on that to those that live in the US.

[Starman]

yumyumyoyo, never cross your mind that the walmart employee might just be a racist? all your examples are negative about me, without knowing me.

That assumes that there is a mind to cross.

[Starman]

Angelico,

Thank you for posting the details of what exactly happened to you.

I assumed you must have done something to piss him off, but according to you, this guy is just a total arse.

I would have said something after he bypassed me the first time. Not waited, but that is just me.

Other than filing a complaint with Walmart there isn't much you can do. You could file a complaint against Walmart to your governments business complaints department, if you have one in California.

While I personally see no damages that you could sue for, Fr Chuck seems to think you might be able to. And since I do not live in the US, I would defer my judgement on that to those that live in the US.

It's understandable that you assume that this fellow did something to piss the other one off since you are not living in the USA and perhaps have never seen this particular phenomenon repeatedly and unashamedly displayed in public. So you look for a justifying stimulus as perhaps is most often the case where you live. Unfortunately, here in the USA the only stimulus certain individuals need to justify going into the racist mode is to perceive another person's foreign appearance, foreign surname, or imagined or real membership in a particular ethnic group or race. Once that has been ascertained anger arises and leads to the type of behavior previously described. It's a cultural thing. A misguided patriotic sense of duty of sorts.

BTW
Some of these are the same people who go to church on Sundays claiming to be Christians and expecting to go to heaven.

[sjethro00]

Just because the guy's an A$$, and racist, doesn't mean Wal-Mart is responsible.
My local store's manager is of hispanic decent.

What I would do is return to the store, and make a formal complaint if you haven't done so.
If they take the complaint seriously, and you don't know a name, they should let you point out the culprit in a photobook (all wal-marts keep photo id of all employees), and hopefully he is dealt with accordingly. Hopefully they suspend the guy without pay or fire him, All retail stores need to address this issue of having "jerks" attending to customers, as it doesn't set a good standard for the company entirely.

I have had met many rude, jerks at wal-mart as well; Asking for help finding a item has set off many employees for me, from the occasional *ugghh-sigh*, to "Go find it yourself".

[Fr_Chuck]

yes to prove Walmart liable, you have to know they were aware of this behavior from him ( prior acts) and that they did not act on those acts.
Warnings, written warnings, suspension.

And you have to look at Walmarts over all company policy, do they have non discrimination rules in place, do they have training on diversity for their employeess, is there company policy on this written. ( I have no idea if there is, but with a company that size they have to have I would guess)

And did they investigate the event and did they take action against the employee.

Of course you could find a liberal judge that may award against Walmart, there are a lot of rulings many don't agree with all the time,
and I don't even remember where this happened, But in California they are very liberal laws on suits, so a case may have better chance there than Alabama or Tennesse.a

And I still agree that they could have a case against the employee that did it, but proving a dollar value of the loss could be an issue.

At no time am I agreeing with this type of behavior, it is wrong, and has no place in the work force.

But Walmart employees 1000's of minorities and have even hired illegal immigrants in the past, so I believe their history on the surface would make them appear to have a positive attitude toward minories.

Now someone may find management reports that say differnent I don't know, I never worked at walmart and don't really like shopping there if I don't have to.

[GaryR]

Your father should take this opportunity to use his influence to convince our government to enforce our immigration laws. Illegal immigration is harming all races and has become particularly cruel to those trying to become citizens by legal means.