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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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On 2 Nov 2015, I wired my son some money. He went to K mart

Customer Question

On 2 Nov 2015, I wired my son some money. He went to K mart to pick it up and was refused service. The person who waited on him told him that they did not have enough money to give him and turned him away. I called and spoke to a manager and he told me that they had the money and that he could not think of a reason he would be turned away. I told him that a white female in her 30's waited on him. The manager said that there are two people who worked there that fit the discription and both of them were gone. On 3 Nov, I lodged a complaint against the store. On 4 Nov I recieved a call from the store manager. She stated that the only two people who fit the dicription were one employee and herself and she added She did not work on that day and the other woman was off at the time my son was there. She added that no one who fit the disription was there at the time and said maybe my son was not in the store. I esculated it to a district manager. On 9 Nov, I had to track down and contact him. He told me the same story to include doubt that my son was in the store. He told me he reviewed the dvr recording and stated that no on fitting the discription I gave was working. After further questioning he admitted that a white female was working during the time my son was there but she was in her 40's not her 30's. He also stated that the store had the funds to give my son.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

First, I hope your son was able to finally get the money.......but in regard to a legal claim, there's probably not much there to go on UNLESS he believes he was a victim of discrimination based on race, sex, age, color or disability. If that's the case, then he could sue under discrimination (state and federal) laws. But, if this is not the case, and he was told they didn't have enough money to pay him the wire, then that's really not actionable --- regardless whether or not they really had the money.

Expert:  Roger replied 1 year ago.

It could have been a mistake, or a misunderstanding, or something else. Also, not being able to identify the person who told him this could be problematic.....but could be overcome if you subpoena the video surveillance tapes from the store on the date in question (assuming they use surveillance that isn't recorded over after a certain period of time)

Expert:  Roger replied 1 year ago.

If you need anything further, please let me know. Thanks.

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