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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16030
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello, I am a disabled 57 year old. I shop at krogers for

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Hello, I am a disabled 57 year old. I shop at kroger's for 10+ years. I am in the store many times a month because my husband is also sick and we fill at least 30 percriptions a month. I spend alot of money there. I am being harassed by one of the floor cashier's. I do not know her. I try never to go to her lane. She continues to pursue me. She goes to the lane I am in and tosses my groceries. looks under them puts the items on the bottom to another cart. She and I finally came down to a stand-off yesterday in the lane. She approached the register I was at and was trying to relieve the cashier so she could ring up my items. I told her to stay away from me and leave me alone.. I asked repeatedely for a manager. she refused, finally a manager came and she still refused to leave. I contacted Kroger main office and they said write everything down which I did, the cashier told the manager something and now I guess Loss prevention is involved. I am scard because I switch stawberries that are bad and put different ones in my box so I dont have any rotten ones... yes I make sure I get my moneys worth... Am I in trouble. I have never been questioned or stopped in the store...but I don't know if I should get an attorney at this point...she has ruined my character and reputation! Sad and mad!
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.
Hi Jacustomer,

You are not in trouble or the store would have said so and not let you leave until either the police were on the scene or they gave you a warning not to come back and to expect a notice of a civil fine. Here it does not appear that any of that happened.

You involved the manager and still they let you go. They don't appear to even have banned you from the store, which they do if they suspect theft for sure.

You'll probably be watched from here, and you might want to "get your money's worth another way than switching the contents of wapped packages around, just in case. What you do changes the weight of both products, and really is not something you are entitled to do. Just look for another box.

There is no need to get an attorney at this point. You are not going to be charged with a crime or the police would have been involved before you left.
Customer: replied 10 months ago.

This last time she harrassed me my grandson was with me. He has congenital heart desease. When he saw me crying at the checkout lane. he was very upset and started crying to. I believe this woman is pregidous against me for some reason. I am not, # XXXXX my grandchildren are half black, I am white. I am scard and embaressed to go into the store and I feel I should and my grandson should be compensated for this, after all she has been humilliating me for the past 6-9month's. I should not have to feel scard or threatened to shop at the store that is so conveniently close to home. Do I have a case against the store for this?

Expert:  Zoey_ JD replied 10 months ago.
Hello Angie,

While someone there may be harrassing you and while I'm sure it causes you embarrassment and discomfort, there's no legal cause of action to sue here. You would have to sustain actual monetary damage as a result of what they did in order to sue for something like this.

For instance, if you were shopping with a business client who took his business elsewhere as a direct result of this incident, you could be compensated for your lost business and possibly something for your humiliation. Or if they kept you from leaving the store to investigate this and as a result you missed getting to a flight on time, you could likely recover for that too.

But you don't get to recover because someone embarrassed you, made you cry and made your family member cry. If we could go to court over something like that, all of us would be very busy with bunches of open cases.

This doesn't mean that you have to roll over and tolerate this behavior. If you write a very strong letter to Kroger's central management office, give them the name of the store and the offensive clerk you could probably get her fired for behavior like this, and that would make her a lot more uncomfortable than she made you and solve your problem besides.

Let them know that you are a 10-year customer and that you don't feel you have to be subjected to abuse every time you walk into their store.

Good luck
Customer: replied 10 months ago.

I thank you for your time and answer;s to my ???! But I disagree on one thing... My character as a good person to all the cashier's in that store that have known me for years were asked to write something down that they saw.... What do they think of me NOW!? They think I am a thief...I believe I was a victim and my grandson! Thank you again!

Expert:  Zoey_ JD replied 10 months ago.

Hi,

I understand how you feel. And you probably are being vicitimized by this clerk. But unless that directly causes you monetary damages, there is simply no suit. Another example -- if they arrested you and you spent a night in jail, missed work, and had to pay a lawyer as a result of this person's actions, only to find when you got to court that the case was dismissed for lack of evidence, you'd have a suit then. Do you see the difference I'm trying to make? Your reputation does have a value to you, but you didn't lose any money because of her behavior, and they didn't prosecute you for theft

The best you are going to be able to do is to complain loudly enough about her to get her fired, as she certainly is not supposed to be handling customers as rudely and obnoxiously as she is.

The store has the right to ban any customer from shopping there. It is done all the time when they suspect someone is stealing. They take you into the back, take your photo, and make you sign something saying you'll be prosecuted for trespass if you walk back in. That is not what they did to you here. They still want your business.

Write the letter.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16030
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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