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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Is Wal-Mart allowed not to show their policy to their cust

Customer Question

do the Wal-Mart employees have rights not to show their policy to the U.S. visitor who is tying to pay with his international card? and refuse to accept his international card because he does not have a U.S. passport or ID

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

Is this international card otherwise accepted at Wal-Mart and other stores. (I.e., is it a major credit card?)

Also, did the person offer to show his international passport to the person at Wal-mart to verify his identity?
Customer: replied 1 year ago.

Hi,


Yes it was Visa and we also showed them the original passport from the country of origin


 

Expert:  Joseph replied 1 year ago.
Hello Alex,

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Unfortunately, from my research, Wal-mart has the policy of not accepting international forms of identification for purchases of alcohol, and it looks like the same would apply for verification of identity for purchases with a credit card.

I'm not sure what you mean by the employee refusing to inform you of the policy, since it seems that they did tell you that they cannot accept your foreign passport.

This definitely seems to constitute discrimination on the basis of national origin, and I would suggest that you file a complaint with the California Attorney General and/or the Better Business Bureau regarding the discriminatory treatment that you received at Wal-mart.

You can make a consumer complaint with the California Attorney General using the information available online here:

http://oag.ca.gov/consumers


You can file a complaint with the Better Business Bureau against Wal-mart here:

http://www.bbb.org/


You should also consider writing a complaint letter to Wal-mart regarding your treatment.

Finally, I would suggest that you ask to speak to a manager at the Wal-mart where you were denied service to file a complaint against the employee and the alleged policy.

Since my goal is to provide you with excellent service today, please let me know if you have any follow up questions.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 1 year ago.

ok,


First of all we were not buying any alcohol, so when she told me about her strange policy I asked her if she can show me that paper, and she refused and called police who were on her side and told me that i have to leave the store.

Expert:  Joseph replied 1 year ago.
Wow, I cannot believe that the policy were called and that you were told that you had to leave the store.

On top of the above suggestions, I would highly recommend that you consider contacting an attorney about a possible cause of action for deprivation of your civil rights and discrimination.

You can do so using one of the services here:

www.avvo.com

www.martindale.com

www.lawyers.com

I would recommend hiring an attorney on a contingency basis, so you only have to pay him or her if you receive a settlement or a verdict.

Customer: replied 1 year ago.

ok Joseph what about the proof. I really dont have anything to prove it. What are your suggestion?

Expert:  Joseph replied 1 year ago.
You were denied equal treatment due to your national origin, which is illegal in the United States.

You would have witness statements as well as your own testimony (and possibly security camera coverage) that would help prove the discriminatory acts.
Customer: replied 1 year ago.

I am not sure if there any witnesses and if there any they all were workers which means they are going to take the store side, concerning the security cameras what if they don't have audio. and above all the person i spoke with in the store ( by the way she was the manager) she said I made such a scene that whole store stopped functioning for 45 min.

Expert:  Joseph replied 1 year ago.
That definitely makes any case that you would have against Wal-mart harder to prove. It's also not good information if you did actually stop the store from functioning for that long and had to be escorted out by the police.

Still, I would strongly recommend that you at least contact the Attorney General and Better Business Bureau to make complaints. Since Wal-mart won't have any incentive to change their discriminatory policy unless complaints are made.

As far as them showing you the policy, unfortunately, there is really no legal obligation for a store to have that information at the ready to give customers, and it was likely impossible for the manager to actually produce such information. Unfortunately, she may have just been following the orders of her higher ups in denying letting you use your credit card, and there's not really any cause of action you would have against her.

I realize that some of the above is not the information that you wanted to hear, and I sincerely wish I had better news to give you, but I hope you appreciate direct and honest answers to your questions. It would be unprofessional of me and unfair to you to provide you with anything less.


Since my goal is to provide you with excellent service today, please let me know if you have any follow up questions.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 1 year ago.

Well the thing is that I did not stop the store from functioning that's how the maneger said trying making it my fault. And police they did not escort me, they were just trying to settle the problem with out even trying to understand it. So my final question is "Is it worth it to go to attorney and pay for consultation and open the case?"

Expert:  Joseph replied 1 year ago.
Hello Alex,

It's worth it to try calling around to see if an attorney would take the case. You can find attorneys who will do free consultations as well, so you wouldn't have to worry about paying for the consultation.

I would suggest only going with an attorney who works on a contingency basis, too, so you only have to compensate the attorney if you receive a settlement or verdict in your favor.
Expert:  Joseph replied 1 year ago.
Hello Alex,

Hello Vikki,

Please remember to rate my answer positively so I get credit for my work!

Unless you have any follow up questions or need any additional information, in which case please ask them here.

If you have no further questions, please remember to rate my answer positively so I get credit for my work. If you don't rate my answer positively, the website recoups your entire deposit and I get nothing for assisting you.

Please trust me when I tell you that I need the money WAY more than they do, so I'd greatly appreciate if you rate my answer positively!

Thanks and best of luck!

-Joseph

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Joseph
Joseph
Attorney at Law
3767 Satisfied Customers
Extensive experience representing employees and management