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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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Here is my question I work yesterday I was assaulted by a

Customer Question

Hello so here is my question I work for Walmart yesterday I was assaulted by a customer and I was approaching my meal period so after they removed the customer from the store I went to lunch when I came back I was sent home and blamed for the incident what right has Walmart violated of mine
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

What exactly took place? How did the assault take place? What rights do you feel were violated? Please advise!

Customer: replied 1 year ago.
I feel I have been a victim of retaliation from my assistant manager I work at the costumer service desk doing returns after a certain time frame we no longer take back seasonal item a costumer was tying to return one I politely stated "unfortunately at this time we are no longer taking back these items" she became up set and asked to speak to my supervisor so I promoted my register to call one and politely asked if she would step to the side so I can help the next guest she refused and called what I am assuming her boyfriend who was in the car my supervisor showed up as I was helping the next guess and was handling the situation after a couple minutes a man come up to the desk threatening me and cursing at me he then begins to pick up items off the counter and throw them at me my supervisor asked to to step behind an area we have that so I did and was still having items thrown at me with hit me and another employee my assistant manager finally came up took the gentlemen outside and as I was approaching my meal period was asked to go ahead and go to lunch when I returned an hour later my assistant manager called me in the office and told me " that situation was uncalled for we need you to go home and we will be figuring out how to handle this" so I replied " so because I was assaulted and another employee was assaulted I'm being sent home"
Expert:  Dimitry K., Esq. replied 1 year ago.

I am a bit confused. Did you at any time threaten the customer? Or did you have any sort of physical contact? Or was it because of your demeanor and behavior that the manager feels like this situation was escalated? Please advise!

Customer: replied 1 year ago.
I should add that this assistant manager whom sent me home we had a situation in which she called me into the office to "coach" me (walmarts version of a write up) or trying to coach me and lied about a friends husband that claimed to be a district manager but was indeed not and no I never threatened nor did I even speak to the man that assaulted me the initial interaction was with his girlfriend who became upset because we no longer took back seasonal items
Customer: replied 1 year ago.
I informed her politely about our policy what she became really up set over was in any case like this where they ask to speak with a supervisor we ask if they can step a said to help the next guest but she refused to move
Customer: replied 1 year ago.
The whole incident was caught on walmarts security cameras
Expert:  Dimitry K., Esq. replied 1 year ago.


Is there someone higher than this supervisor, or is this the highest person at this location?

Customer: replied 1 year ago.
the one that sent me home and blamed me for this is an assistant manager and yes there are the co manager and the store manager but I am having a very difficult time getting ahold of them
Expert:  Dimitry K., Esq. replied 1 year ago.


I would suggest you reach out to them but before you do, take these requisite steps:

1. Obtain a copy of your employee handbook or whatever you may have as far as policy conditions and also as far as steps the employer has to take to discipline you.

2. Obtain a copy of the process and procedure of how you have to act with irate customers.

3. Contact your higher management and ask for them to evaluate behavior based on camera and witness testimony. Point to the handbook and to the procedures in place by stating that you followed company policy. If not, ask for specific assistance or ask that they in writing list what you did wrong.

4. Request an explanation of what you specifically violated. But DO NOT argue, do not be emotional, simply politely request it--you may want to do so in writing so that you have a paper trail. That is key, you want them to reduce this to writing because that is how you can challenge it best if necessary.


Dimitry, Esq.

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