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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27175
Experience:  10+ years defending Misdemeanor and Felony cases.
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My husband was escorted out of Wal-mart by the co-manager

Customer Question

My husband was escorted out of Wal-mart by the co-manager and was told he inappropriately touched an associate and needed to leave the premises. I have contacted Corporate headquarters and they had the store manager call me back. She said I needed to ask my husband what was going on. She spoke to the associate and this person said he touched her months ago and every time he comes into the store, he stalks her. They will not tell us who said it nor have they located video. Do I have legal grounds to sue Wal-Mart?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. Did they tell him that he can not return to that location or just that he needed to leave that day?

Customer: replied 1 year ago.
They said he wasn't welcome there
Expert:  CrimDefense replied 1 year ago.

Thank you. Even though Walmart is open to the public, it is private property. As such, they could ask someone to leave and not return, if they have a basis to support their request. In this case, there are claims that he touched an employee and that he enters the store and stalks that employee or others, at times. As such, they can at least justify, their request. Now, if they were discriminating against him, then there could be a basis for him to sue. However, if they can justify their actions, it would not amount to a lawsuit, which he could file. Seeing how this involves him, they have no legal obligation to speak with you about the incident, even though you are his wife. They can speak with him, if there are issues, but they can warn him not to return and if he does, call the police and ask that he be arrested and charged with trespassing.

Customer: replied 1 year ago.
anyone can just say anything and there is no recourse?
Expert:  CrimDefense replied 1 year ago.

If these claims were false and disclosed to the public and he was damaged as a result, they could be liable. Based upon what you shared above, they dealt with him directly and advised him of the situation. They decided to believe their employee and I am inclined to believe they have video as well, to review and support the claim that he touched the associate.

Customer: replied 1 year ago.
I spoke to the store manager, there isn't a video available.
Expert:  CrimDefense replied 1 year ago.

So then it would be the word of the associate verse your husband and the decision of the manager, to allow him back in. If they are going to side with their employee, they can and are allowed to ask your husband to not return. Now, if your husband denies this and there is an explanation for what they are claiming, he can try and speak with them and resolve this but you can not do it on his behalf.

Customer: replied 1 year ago.
Thanks but I can do it on his behalf. He has terminal cancer and I have a full power of attorney.
Expert:  CrimDefense replied 1 year ago.

Yes, I do understand you can act on his behalf but they do not have to speak with your directly. It is at their discretion

Expert:  CrimDefense replied 1 year ago.

The manager said for you to speak with him about this, so I am inclined to believe based upon their actions and response, they may want to deal with him directly, him he wants to try and be able to return.

Expert:  CrimDefense replied 1 year ago.

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Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!