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kimberly091604 · Jun 21, 2011, 04:44 PM

A Walmart employee was caught stealing my wallet after helping me at photo center. Now I fear going to Walmart to shop with my children. What should I do?

Alty · Jun 21, 2011, 05:15 PM

Was the thief arrested? Is their proof that he/she stole your wallet? Did you get your wallet back, and the money in it?

Fear isn't a reason to sue. This is one person that did something wrong. I doubt you'll win a lawsuit because you're afraid to go back to Walmart. In fact, the judge will likely say "If you're afraid, shop somewhere else". You have options. This crime wasn't something that should cause fear, like rape, or armed robbery. Your fear isn't a factor.

If you got your wallet back, and the money in it, or you were compensated for you loss, then you've been left whole, the same as you were before the incident. You can't sue for more then what you had before this happened.

Correction. You can sue, but it's unlikely that you'll win.

kimberly091604 · Jun 21, 2011, 05:41 PM

Yes he was caught and yes my money was taken, and also walmart did not want to help me when this happened I had to call the police and I had to call everyday to get them to look at video. My info was also handed out to this man and he called my phone 5 times. I have 2 children and I shop at walmart all the time and to have my wallet with all my socials in their and info on were I live stolen by someone that clearly is a leaf is WRONG . When someone steals from them they get charged but when they steal from us they don't?? He can't compendate for my loss, I lost trust in walmart and I lost a lot of time I also have not stopped crying over this and feel there should be more done. MONEY is not what I want, I want walmart to do criminal backround checks and for them to relize its not OK to allow someone to steal from there loyal customers

Alty · Jun 21, 2011, 05:53 PM

Criminal background checks are done by most employers. The fact is, just because he stole from you, doesn't mean he has a record. This could be his first offense, which would mean that a criminal background check would do nothing. They probably did a check on him, which turned up nothing.

My question to you. If you sue and win, would you shop at Walmart again? In your first post you stated that you fear shopping at Walmart. Are you still shopping there now? If so, then what damage has been done? You may have fear, but if you're shopping there after this incident, it would appear that you've gotten over that fear enough to continue shopping there. That's what the courts will see.

Was your wallet and all that was in it returned? Was the employee fired? Where you compensated for what you lost (money returned, wallet returned, credit cards etc returned?)

Who gave this man your info? Did you talk to him when he called? Why did he call?

What's your general area? Others that look at this question will need to know in order to give you the best advice they can.

ScottGem · Jun 21, 2011, 06:01 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

I have to agree that you have no grounds for winning a suit. At least not from what you have told us.

The fact that your wallet was stolen does not implicate Walmart with complicity in the theft. You don't know that a background check wasn't done.

You say that Walmart didn't want to help. What exactly happened? How was he caught? What is happening with prosecution.

Fr_Chuck · Jun 21, 2011, 06:17 PM

You may sue the criminal that stole your wallet for any loss you have. Walmart is not liable at all. I know you want to sue them since they have money, and the theft does not.

If you have fear of shopping , please get counseling, since having someone still a wallet is common place, you have a high chance of being robbed with someone with a weapon at a walmart parking lot, or a down town store also.

Unless you can prove, that the store knew this person had a history of this and did nothing.

Next if the police did not want to do anything, that is a police issue, not a walmart issue, to be honest, in many larger cities, you would be lucky if the police even came out

If you push, walmart may replace the money in your wallet, not because they have to, but because they are normally good at being helpful

kimberly091604 · Jun 21, 2011, 06:38 PM

I have not shooped at walmart sense this and my wallet was returned but they don't know how or from who. I will probley never shop there again because of this and the sad thing is, is my son who is 7 loves to go there. I don't know who gave this man my info and yes I did talk to him when he called not knowing it was him at first. He also left a message that they found my wallet in a ile when they didn't. I was not compensated for my money. And also I could not get the things I needed that day because of this. And the man does have a record just can't say what. The employee as of now is still not fired

Fr_Chuck · Jun 21, 2011, 06:49 PM

I will just say your loss, perhaps it is target from now on, until someone there does something wrong,

If you allow others to control your actions, you will soon not leave your home, If you can not really go, you have issues that do need serious counseling that normally happens with serious crimes but it appears you have made a minor theft into something for more serious

If someone broke into your home, could you never go home again ?

kimberly091604 · Jun 21, 2011, 06:52 PM

Wow thanks everyone sooo helpful

ScottGem · Jun 21, 2011, 07:06 PM

You said the employee was caught, I asked you how. But your last post indicates he wasn't caught. Why are you sure he stole it?

P.S. when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

AK lawyer · Jun 21, 2011, 07:59 PM

After reading this thread, I think I will fear reading Ask Me Help Desk threads, forever more.

Can I sue somebody? :rolleyes:

joypulv · Jun 22, 2011, 04:58 AM

He is innocent until proven guilty, even if you 'know' he is guilty.
You are not privy to police and store information about the investigation.
I had a sales clerk keep my credit card years ago, and rack up tons of charges on it, and I got nowhere with the store or my c.c. company. The c.c. company even implied that I pretended someone stole my card just to get all those purchases for free.

How did you get to see the video? Did he reach into your purse, or did you leave the wallet on the counter, and he's claiming that you left it there, and that he was being helpful by returning it, and that someone else took the cash out? How did you happen to leave the store without it? Your story is light on facts.

excon · Jun 22, 2011, 05:18 AM

Hello k:

Managers grease the squeaky wheel. If that had happened to ME, I would have been the LOUDEST, SQUEEKIEST wheel he ever heard..

I have the feeling that you don't press for your rights, and/or don't know how.. They're NOT going to be handed to you all the time. It would be NICE if the world worked that way, but sometimes you have to put your foot down. THIS is one of those times...

In my view, the BEST way to put your foot down, is to do it in WRITING, with copies sent to every WalMart boss you can think of. Even BETTER than that, is when you send your letters CERTIFIED, return receipt requested.

Did you do that? You CAN, you know.

excon

kimberly091604 · Jun 22, 2011, 06:17 AM

Wow, how helpful. If you have nothing good to say then say nothing a**, It is hard to type the hole story on here so I guess I made a mistake on asking for advise on here. THANKS

kimberly091604 · Jun 22, 2011, 06:22 AM

HE WAS COUGHT ON VIDEO AND YES IT WAS HIM AND HE IS CHARGED FOR THE CRIME BECAUSE HE WAS PROVEN GUILTY. He also claimed he never picked a wallet up nore was he the one to return it. The police watched video and have charged the man. Sorry it is very hard to type the hole story on here and it also makes me very upset talking about it. I am a single mother of 2 and having this done to me is wrong. I have and never would steel from anybody. I JUST THINK THAT IT IS WRONG THAT IF YOU STEAL FROM WALMART YOU GET CHARGED AND PROSECUTED. BUT IF THEY STEAL FROM YOU ITS OK. Thanks for all your advise but I have talked to the lawer and we are pursueing this matter so I am not asking for anymore advise

JudyKayTee · Jun 22, 2011, 02:44 PM

You can stop shouting and you can drop the attitude if you want anyone to help you. Of course, you don't want any more "advise," you have an Attorney (I have no idea what grounds the Attorney thinks you have) and you are gone forever -

BUT: Walmart did not steal from you. This person stole from you. No one hit you over the head, mugged you and took your wallet. How the person got it out of your purse remains an open question. Or did you leave it on the counter?

Should Walmart hire thieves? No, they should not. Did they know this person was a thief? Presumably they did not.

When we get past all of that the question remains how you were damaged - if you are afraid to enter Walmart, cannot sleep, something else, get medical proof, take it to your new Attorney and sue on those grounds. If you lost money because of this thief, then you have a case.

What are your damages? The person has been apprehended, you'll have your day in Court, what else do you want?

ScottGem · Jun 22, 2011, 03:32 PM

Let me explain it this way. There are two sides to any story. We try to give the best possible advice here. That means we may need to know more details to be able to give the best advice. That's why we need to ask more questions and sometimes read between the lines. You have been somewhat inconsistent in your responses.

As Joy said, he is innocent until proven guilty. So he was NOT "Proven"guilty. The only thing is a prosecutor felt there was enough evidence to arrest and charge him. I do find it hard to believe that Walmart would still allow him to work there if the evidence was that clear. You also have yet to explain exactly what did happen.

As for getting an attorney. I suspect the attorney figures Walmart will settle rather than go to the expense of a trial. So you may get a few thousand out of it. You will not get Walmart to accept responsibility or admit error. They will go to court first. And I doubt if your attorney will stick with you through that.

Finally, you did not make a mistake coming here for advice. But you did make a mistake if you thought we would just blindly agree with you. We believe in giving the best and most accurate advice we can. Not just the advice you want to hear.