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Can you sue a retail store in Milwaukee WI for harassment, public defamation, mental anguish and psychological trauma?

Milwaukee, WI |

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.

Attorney Answers 4

Posted

Did the store harass you? Did the store defame you? Did the store cause you mental anguish and psychological trauma?

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Asker

Posted

Yes. if you give me your email I can send you the whole story.

Posted

Without sustaining damages, a lawsuit would likely be fruitless.

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Posted

But should she should be fired.

Posted

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.

Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Jon Groth's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.

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Posted

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.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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5 comments

Asker

Posted

But that has nothing to do with the harrassment.

Asker

Posted

But that has nothing to do with the harrassment.

Christine C McCall

Christine C McCall

Posted

Yeah, it does. What I am saying is that the harassment you are complaining about will not support a sound lawsuit here where you can expect a meaningful recovery.

Asker

Posted

So you telling me that she shouldn't be fired.

Christine C McCall

Christine C McCall

Posted

Perhaps she should be. If I owned the store, she would be. But the law does not require that she be fired, and you cannot compel her termination by any legal action. Your best course here is to correspond with the store owner/corporate management, etc. and make your complaint known. Then exercise the power of the marketplace and take your business to a more customer-friendly retailer.

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