any lawyers on this forum? - Page 4

CatVert68 · 12-18-06, 07:14

Quote:

Originally Posted by kompressornsc

*** is everyone talking about? There is no sexual harrassment going on here, even if the story was true. You can walk up to anyone you please and say anything you please - still a free country. You can walk into a store and tell the clerk "I want to 'bleep' your 'blanking' head off." and the worst they can do is ban you from the store.

Sorry, but not true. The U.S. Supreme Court has defined a category of speech known as "fighting words" that limits what you can say to another person under the guise of free speech.

Your specific example could also be considered assault and battery if done in a way that puts the store clerk in fear for his or her physical safety. The police could, and in some cases would, arrest you for it.

Setec Astronomy · 12-18-06, 07:21

Quote:

Originally Posted by SpoiledMan

It's a civil issue and in these parts the police don't get involved in them.

I dunno, it sounded like a disturbance in a public place; the police certainly get involved in that here.

SpoiledMan · 12-18-06, 07:29

Unless they *really* don't have anything to do there wont be any paper written on something like this. If there was a *fight* then that would be different. This sounds like nothing more than an exchange of words and that happens in normal life.

Setec Astronomy · 12-18-06, 07:39

I guess I'm just thinking that if I were unjustly accused I would want the police there to force the manager to either make a real complaint or admit that I was the wrong guy. But I don't know nuttin' 'bout this stuff really...only the odd story from my cop friend who I don't talk to very often...which give me a lot less credibility on this subject than some others here.

brwill2005 · 12-18-06, 07:58

Thomas- This is unbelievable. I am 100% positive, you would never do anything like that. Let me know if there is anything I can do.

Autoeng · 12-18-06, 10:47

Quote:

Originally Posted by tdekany

dude - my issue is with the manager. Yes an apology is needed, my girlfriend cried all evening.

Did you read what I said? What 43 year old man would disrespect his girfriend like that? You have to be worse then a jerk to do that. And what does that make her?

Next time your parents go into a store and if it happens to them make sure to give the same suggestion.

What if this was done to your girlfriend? Meaning someone asked her what I am accused of? Whould you let it slide?

True - She should have left us alone.

I would give my parents the same advice and my wife would have laughed about it. I'll be waiting to see what happens but I'd lay money that you will not get the satisfaction you are seeking so why put yourself through further hassle? Obviously it was a very upsetting moment for you and I understand that but I also understand civil lawsuits and what the police will generally do in situations such as these. Best of luck.

Autoeng · 12-18-06, 10:54

[quote=jsatek]...Now you can subpoena the store for the video camera recordings. Dont mention it sooner, these low life people can claim they are on a 7 day cycle and are erased weekly.
QUOTE]

You will find that the store does not have to provide their property as evidence. A judge will not grant a supoena for it. For example, go into your local Walmart and tell them that someone broke into your car and you would like a copy of the tapes. Not gonna happen. Then go to the police to get the tapes. Again, not gonna happen. File a lawsuit against Walmart, well you definately are not getting the tapes now. You might get to see it if you can get them into court but more than likely the judge will summarily dismiss the case on lack of eveidence (i.e. Walmart didn't break into your car). They have cameras for one reason, to protect themselves.

GTFreddy · 12-20-06, 03:27

I wouldn't worry about their claims. They have to have the onus of proof. It's not really his word vs. my word. If they bring forth such a claim, it is their responsiblity to prove it, which they won't be able to.

Picus · 12-20-06, 03:41

I'd sue them. That kind of accusation in public is uncalled for, even *if* you did it, which I believe to be untrue. I'd contact my lawyer, I am sure he could figure out a way to draw up a lawsuit for that sort of thing.

I am too litigious? Probably; but that lady need to learn when to keep her mouth shut.

mopar · 12-20-06, 04:21

Quote:

Originally Posted by Picus

I'd sue them. That kind of accusation in public is uncalled for, even *if* you did it, which I believe to be untrue. I'd contact my lawyer, I am sure he could figure out a way to draw up a lawsuit for that sort of thing.

I am too litigious? Probably; but that lady need to learn when to keep her mouth shut.

I agree the manager needs a lesson, to jump on a customer like that even if its true is uncalled for and unprofessional, not to mention that there was a doubt about identity, a lawyer sending a nasty letter to corporate would be a good start, I would deal with the people above her at this point. The sad thing is those great employees you gave gifts to wont give you the time of day.

15951 · 12-20-06, 04:43

This is retarded. Blockbuster Video is not family, they're simply a video chain, and this store has made it clear that for whatever reason (right or wrong) they no longer want your business. DON'T waste time and money on a lawyer over this. Write a letter to corporate explaining the issue, let them know that you have been a customer for x years and won't be coming back due to this mistreatment, and leave it at that.

Then, go to one of the 1,000 other online or nearby video stores. You're way too wrapped up in this place...I'm sure you're a good customer, but come on.

JiggleRacing · 12-20-06, 05:07

admit it....you did it perve!!!

j/k lol !! at least demand those little pukes give back the gift certificats