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View Full Version : Can I sue Sears for hiring a guy with no high Education or GED?


Starr33
Jan 1, 2011, 12:56 AM
Back in 2005 a week after Hurricane Katrina, I went to Sears to meet my sister for lunch. I met an employee that worked there at the time, and he started following me around Sears on the clock talking to me. Now, I had applied for Sears a couple of times, and never go anywhere with them. I had good work experiences, high diploma, and I was in College. At the time, I was 28 with no kids. To make a long story short, the guy was a liar, a stalker, a date-rape rapist which I turned up pregnant behind. But it was too late to get an abortion by time he told me he poisoned my drink, and took off the condom (I was 5 months pregnant at the time). He knew my health problems and still did that to me. When I found out, I did press charges on him. He also told me that whoever hired him at Sears knew he did not have a High School Diploma, or GED.Plus, they knew he has a record also for going to jail a lot. I did not find any of this out until it was too late.
My question is... is Sears liable? They would not hire somebody like me, but hired a drug dealer who should have been working. Better yet, should not have been there in the 1st place! If it wasn't for hurricane Katrina, I would not have ever met that guy in 1st place. We were stuck in that town with very little to do. The guy seem like a great dude, and you would think Sears was hiring the BEST PEOPLE to work for them... Boyyyy was I fooled.

tickle
Jan 1, 2011, 04:08 AM
I don't think it is very likely you can sue Sears for this reason. What happened to you isn't exactly their fault.

Kshae
Jan 1, 2011, 04:32 AM
I have to kind of disagree. My roommate works for Sears. He told me that everyone must undergo a background check, make sure they are legally allowed to work in the US, drug testing and they must have a H.S.D. or a GED. For ANY position. Even the toilet cleaners.

To me it sounds like someone didn't do their job properly, or decided to cut corners which resulted in what happened to you. Now, I don't know if that would be sears you would go after, or the employer that let it happen. But it sounded pretty legit to my roommate.

ScottGem
Jan 1, 2011, 05:50 AM
You can sue anyone for almost anything. The question is whether you will win. Its unlikely this would get very far. Sear's lawyers would have it thrown out before you could blink.

If this person did something IN the store that was a part of his duties that caused you harm, you might have a case. But entering into a personal relationship with someone because you trusted Sears to hire nice people?? Sorry no, its not going to fly, Nice try though.

Another factor here is how do you know that a) he doesn't have diploma or GED and has a jail record or that b) Sears knew. I gather he told you but he doesn't appear to be someone who word is good.

Aside to Kshae, this question is in a Law forum, questions in these forums need to conform to existing statute. While it may be true that someone slipped up when hiring this person there is NO statute or law that would hold Sears responsible for the OP deciding to enter into a personal relationship based on an assumption that Sear's employees were trustworthy. Please be more careful about accuracy when answering questions

Fr_Chuck
Jan 1, 2011, 11:59 AM
Yes, if he cheated you as part of his job, you may have a claim, but that does not mean they were not aware of his past history, and he was hired perhaps under some program.

You made some poor dating choices, and need to take some responibility for it