While shopping in late January or early February 2012, I encountered Aderia in which she introduced herself as the store manager at Casual Male. During our conversation, her and I had exchanged phone numbers at some point. Upon a separate visit about three weeks ago to Casual Male, I then was approached by a female employee named Jasmine. Her and I conversed as I shopped and Jasmine received my phone number also. More recently, I returned to Casual Male on 12/23/2012, I was then greeted by Aderia's raised voice, while she shouted in my direction as she vehemently stated that I was a "tramp." Aderia said if you don’t want to be called a tramp then don’t come here to shop and that I should go elsewhere to shop then. I told Aderia that I don’t appreciate her calling me a tramp.
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I tend to agree with the other attorneys who answered this question. Sometimes it is just best to walk away and avoid the conflict. If you had standing to sue and you did, in fact, sue you would probably see Aderia and Jasmine again at a court appearance and deposition. Do you want to see them again? Sometimes bad things happen to good people. It takes a wise person to walk away.
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By giving out your phone number repeatedly to store employees, it is clear that you were converting these business-retail relationships into personal or potential personal relationships. So, it will not be persuasive to a finder of fact for you to launch a legal offensive against the store on these facts.
Just move on. Stay out of that store and consider not being available for personal relationships with retail employees during their work hours.
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