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Marsha411JD
Marsha411JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs exp with Consumer Law issues
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I thoroughly enjoy shopping at Walmart superstores.

Customer Question

I thoroughly enjoy shopping at Walmart superstores. Although, the other day December 9th. I was with my mother, buying her some Christmas gifts when as we were exiting the store the alarm sounded. My poor mother the look on her face was unexplainable! Then overcomes this young woman in her early twenties, and literally yells at the top of her lungs you to stop right there. I thought my mother was going to cry! So she then approaches us, and begins to start literally ripping stuff out of our bags and putting it on the floor of the hallway as you walk into the store. That's just where I want my new blanket that I just bought. So she didn't insist me emptying out my pockets! I looked right at this woman and said, please do not make this any worse than it already is on us! I explained to her that I am a licensed plumber and I work very hard for my money! To be completely honest I had a little over $500 cash in my pocket the night we went shopping. So after that harassment and total embarrassment, we were then free to leave the store with the door watchers approval. Well needless to say, one of the shirts that I had purchased that evening did not fit. I also had returned to other items, one of them being a nail set punch valued at around $10, and the other item was a six piece plier set that was valued at around $10. So this evening I was back at Walmart returning those 3 items that I had just listed, and after standing in line for approximately 22 minutes, one of the cashiers at the service desk finally waited on me. I would just like to add, that the woman who did the returns for me, has helped me out in the past and is extremely helpful, and equally nice as a person! I do have to be someone honest and say that I am somewhat at fault for the incident I am about to describe. This is due to the fact that I was running late for my nephews 3 year old birthday party. And I was holding up about 30 people from singing happy birthday. Fortunately enough my brother lives fairly close to Walmart in Plymouth mass. So as I was leaving his house I had stopped to get gas at a Cumberland Farms, and had realized that I still had exactly $300 in my wallet, when there should have been an extra $25 and some change from my returns. So this is where I feel I started to become harassed by these Walmart employees! Now there was the older woman who had helped me, and a younger woman probably in her late twenties who was the second one working at the service counter. So I had called over to Walmart explain to them that I had never received any of the paper cash that was owed to me, all the woman had given me was the $0.52. I then hear her in the background talking to the woman that she is working with, and I hear her say to the woman" this guy is in here constantly, and he always returns a bunch of stuff. I'm sure you did give him the cash, he seems like the type of guy that would try to say he didn't get his money only to rip us off another $25... Scumbag". The older woman headband got on the phone, and told me there was absolutely no way that you would not have given me back my change especially $25 in cash. She then stated to me, in a very rude tone of voice, that I could come back to the store and they would take down my information. But I will not be getting back any money tonight, until someone can get in and actually watch the cameras! So as I said earlier on in this conversation, I am a licensed plumber, who owns a business in this town. I now have approximately 15 to 20 people behind me in line huffing and puffing and giving me dirty looks, because these two Walmart employees at the service desk, took it upon themselves to verbally attack me and make me out to look like some kind of cheater, liar, and thief! Finally after 1 hour and 25 minutes a gentleman had walked over to the service desk, and had given me the change that I was owed. I guess a lot of it could be my own insecurities, due to the fact that I used to suffer from alcoholism, until I found an easier way of life which I value and hold very sacred to my heart. So for me to have to stand there, knowing that I had never received any change that was paper currency from this woman, I still listen to her tell me probably a good 30 or 40 times that you most definitely had to have misplaced the money sir because I absolutely gave it to you. I mean is standing there in your company sweatshirt, in dirty pants, just wanting to go home and shower after a long hard day of work pretty bad? I can honestly tell you the only thing worse than that, was the fact that I had 20 local Plymouth residents behind me, all extremely aggravated and unhappy with the current situation and all they see is my name and company logo while they're standing there for 40 minutes call me waiting to return their items with just the one young girl working the register at this point. Who would also keep getting in the middle of it, adding her rude comments toward me, when she felt it necessary!
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Marsha411JD replied 11 months ago.

Hello,

Thank you for the information, however, I don't see where you have asked a question. In the interest of time, I will try to anticipate what your question might be and if you have a different one, please feel free to ask it in a follow up reply to my answer. If you are asking if you have any legal recourse for this unfortunate poor service by these store employees, then the answer is likely not. Poor, unprofessional service such as you described is not generally illegal. There are certainly options to report this to management and/or Corporate Headquarters that could result in a top down look at how this store delivers customer service and perhaps discipline against these employees, but that would be the limit of your options since, as I understand it, you received your refund.

The statement by the employee about you was definitely unprofessional but isn't really a statement that would rise to the level of defamation of character in a way that you could sue for that. Not only would her statements have to be completely false statements of fact versus her honest opinion, but your reputation would have had to be damaged. Then, even if that could be established, there would have to be some real tangibles measurable damages.

You certainly always have a right to sit down with a local personal injury attorney to discuss this chain of events, but they will likely tell you the same thing I have. This is one of those situations that just poor business and management and the most effective way to pursue it is to file a complaint with the Store General Manager and/or Corp. Hdqtrs. If they do not seem responsive, then you take your business elsewhere. I generally don't give a store a second chance to be rude to me and always just go elsewhere with my business.

Please feel free to ask for clarification if needed. I will be away from my computer for most of the day but will answer you as soon as I am available. If no further assistance is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you and Happy Holidays!

Expert:  Marsha411JD replied 11 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 13th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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