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Wal-Mart - What is my right as a customer in this situation?
Review by Gabi2012 on 2013-01-27
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WILLISTON, VERMONT -- I went to Wal-Mart and was brought by a friend and we walked around buying some things including a bottle of wine. I went to the checkout and he went to the car to pull it to the front by the time I got done. Well during the checkout process the customer service manager grabbed the bottle of wine out of my cart without even telling me anything and I asked the checkout person what was going on and said that they saw me with someone else so I called my friend back to see his ID so I called him back to the store. He came back in showed his ID and said this is my ID are you happy? And the guy from the checkout didn't look and pointed to the customer service manager and said he stopped the sale. Then he showed his ID to him and said the same thing.
Then the customer service manager said he didn't want to sell the wine now. So my friend asked to see the manager and he said with a smirk I am a manager. So my friend said I want to go to the office with you and fill out a paper to whats going on. The customer service manager refused and told my friend he doesn't have what to do which of course pissed him off and said with frustration this is discrimination and the whole time the customer service manager couldn't even look us in the eye.
My friend than said if you really are the manager you are a garbage and a as*hole and I will go over the internet and complain to corporate online. My friend also made the pfft sound in front of him about him saying hes a manager and my friend doesn't have what to do. Then we left without the wine and went to the car and noticed a security guy following us and than speaking in his walkie I got his number I got his number and than my friend asked what the reason for that is and he said I don't need to tell you, you need to speak with the police officer.
We left there was no cops around and didn't see a reason to stay. We tried to resolve this peacefully but obviously he didn't want to be helpful and this isn't the first time I've had a problem with him before he has given me a hard time cashing my pay checks there even though I do it almost every week there. We got home and I sent an email to corporate only to have my friend the very next day get called by the cops and asked to come in and got a citation to go to the court for disorderly conduct and simple assault and a 1 year no tresspass order. The cop said it was because my friend was being loud. Where is my right here we tried to resolve everything nicely and he kept refusing any resolution to the problem whch obviously would make you upset I don't see where the crime is. If we charge this just because you voice your displeasure than half the people that shop at these stores would get charged so do we have to shop in fear now knowing that if we are upset and no one will help us we will get called by the cops. I'm sorry I don't see how this is right my friend didn't hurt or threaten anyone he was just a little loud and frustrated which last I checked wasn't a crime. This is really the free country(USA) where you can't voice your frustrations in a non violent way. So my advice is don't raise your voice in Wal-Mart or you will get a paper to go to court so much for being about the customer and trying to help the customer. Thank You Wal-Mart!!!!!
Then the customer service manager said he didn't want to sell the wine now. So my friend asked to see the manager and he said with a smirk I am a manager. So my friend said I want to go to the office with you and fill out a paper to whats going on. The customer service manager refused and told my friend he doesn't have what to do which of course pissed him off and said with frustration this is discrimination and the whole time the customer service manager couldn't even look us in the eye.
My friend than said if you really are the manager you are a garbage and a as*hole and I will go over the internet and complain to corporate online. My friend also made the pfft sound in front of him about him saying hes a manager and my friend doesn't have what to do. Then we left without the wine and went to the car and noticed a security guy following us and than speaking in his walkie I got his number I got his number and than my friend asked what the reason for that is and he said I don't need to tell you, you need to speak with the police officer.
We left there was no cops around and didn't see a reason to stay. We tried to resolve this peacefully but obviously he didn't want to be helpful and this isn't the first time I've had a problem with him before he has given me a hard time cashing my pay checks there even though I do it almost every week there. We got home and I sent an email to corporate only to have my friend the very next day get called by the cops and asked to come in and got a citation to go to the court for disorderly conduct and simple assault and a 1 year no tresspass order. The cop said it was because my friend was being loud. Where is my right here we tried to resolve everything nicely and he kept refusing any resolution to the problem whch obviously would make you upset I don't see where the crime is. If we charge this just because you voice your displeasure than half the people that shop at these stores would get charged so do we have to shop in fear now knowing that if we are upset and no one will help us we will get called by the cops. I'm sorry I don't see how this is right my friend didn't hurt or threaten anyone he was just a little loud and frustrated which last I checked wasn't a crime. This is really the free country(USA) where you can't voice your frustrations in a non violent way. So my advice is don't raise your voice in Wal-Mart or you will get a paper to go to court so much for being about the customer and trying to help the customer. Thank You Wal-Mart!!!!!
Comments:
Posted by ok4now on 2013-01-27:
There has to be more to this story. Besides getting loud why was your friend charged with simple assault?
Posted by trmn8r on 2013-01-27:
I don't believe you have any "rights" here. They have a strict policy about alcohol sales, and that includes people who are in the company of the person making the purchase.
The minute your associate chose to go not accept the policy and go postal on the employees, this was bound to wind up the way that it did. Getting loud and calling someone those names are two different things. Being banned from WallsMart is a bit of a blessing. I'd wear that badge proudly.
The minute your associate chose to go not accept the policy and go postal on the employees, this was bound to wind up the way that it did. Getting loud and calling someone those names are two different things. Being banned from WallsMart is a bit of a blessing. I'd wear that badge proudly.
Posted by Tezrien on 2013-01-27:
I would go to court. have my lawyer subpoena the Wal_Mart video footage. If indeed your friend did not lay a hand on anyone and was just telling the CSM off then the judge should dismiss the charges. And to be honest I don't think the police can legally charge you for any of that without witnessing it themselves first hand. And by the way if you look behind the customer service counter every Wal-Mart has a management list that includes the GM and Regional Manager. Next time don't even bother with the CSM ( who is not even close to store management) and call the Regional right then and there.
Posted by spiderman2 on 2013-01-27:
One of the rights of people that sell alcoholic beverages is the right not to serve someone. When I'm at work selling beer, its my call if I serve you or not as long as I don't discriminate for race, religion or orientation. If I don't think you are the person on your driver license I can say no, if you give me a hard time, I can say no. If you continue to give me a hard time I will call the police and you will get a trespass letter banning you from the premises. I don't work for WalMart. I work at a Mom and Pop place.
You are free to voice your frustration and WalMart is free to ask you to leave and not come back.
Vermont defines simple assault as:
§ 1023. Simple assault
(a) A person is guilty of simple assault if he or she:
(1) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) negligently causes bodily injury to another with a deadly weapon; or
(3) attempts by physical menace to put another in fear of imminent serious bodily injury.
(b) A person who is convicted of simple assault shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, unless the offense is committed in a fight or scuffle entered into by mutual consent, in which case a person convicted of simple assault shall be imprisoned not more than 60 days or fined not more than $500.00 or both. (Amended 1971, No. 222 (Adj. Sess.), § 2, eff. April 5, 1972; 1981, No. 223 (Adj. Sess.), § 23.)
Your friend probably ought to get a lawyer.
You are free to voice your frustration and WalMart is free to ask you to leave and not come back.
Vermont defines simple assault as:
§ 1023. Simple assault
(a) A person is guilty of simple assault if he or she:
(1) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) negligently causes bodily injury to another with a deadly weapon; or
(3) attempts by physical menace to put another in fear of imminent serious bodily injury.
(b) A person who is convicted of simple assault shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, unless the offense is committed in a fight or scuffle entered into by mutual consent, in which case a person convicted of simple assault shall be imprisoned not more than 60 days or fined not more than $500.00 or both. (Amended 1971, No. 222 (Adj. Sess.), § 2, eff. April 5, 1972; 1981, No. 223 (Adj. Sess.), § 23.)
Your friend probably ought to get a lawyer.
Posted by Jody on 2013-01-27:
Another reason why I will never ever shop at Walmart, the whole company is trash.
Posted by JR in Orlando on 2013-01-28:
This is the key statutory language: "(3) attempts by physical menace to put another in fear of imminent serious bodily injury." If someone (admittedly "pissed off") is standing yelling obscenities at another person in a loud and angry manner, that may certainly put the other person in fear of being hit, especially depending on the age, weight, sex, height, and build of that person. This was not just voicing one's discontent with store policies. This sounds like assault to me.
Posted by yoke on 2013-01-29:
Hopefully the OP did not buy anything at Walmart. It is very difficult to purchase wine or wine coolers at Walmart. They will not allow adults to purchase if they have their children with them. Why they offer it is beyond me.
Posted by JAKFK on 2013-02-02:
The OP has one glaring "right" that everyone else seems to have overlooked...they have the right to take their money and shop somewhere else. (The almighty power of the dollar)
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