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can i sue walmart because....

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lookatmystealth

Junior Member
What is the name of your state (only U.S. law)? WV

Wondering if i can sue Walmart because my husband who is a clerk there had an affair with his manager.

She switched their shifts around so that they would work together more, signed off so he could leave early, called his cell phone while at work and talked to him for 20-30 mins at a time 4-6 times a night....i'm sure she called all the other employees that were working under her that night! She also called my home phone number, would drive by my house, would call him both during work hours and while he was home.

basically i want to know if i can sue walmart because their manager had an affair with my husband during work hours....or how would i sue them and for what.

my husband and i are still currently living together because of our 3 kids. we have been married for 14 years and live in WV , also who's a good laywer !!

thanks in advance
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? WV

Wondering if i can sue Walmart because my husband who is a clerk there had an affair with his manager.

She switched their shifts around so that they would work together more, signed off so he could leave early, called his cell phone while at work and talked to him for 20-30 mins at a time 4-6 times a night....i'm sure she called all the other employees that were working under her that night! She also called my home phone number, would drive by my house, would call him both during work hours and while he was home.

basically i want to know if i can sue walmart because their manager had an affair with my husband during work hours....or how would i sue them and for what.

my husband and i are still currently living together because of our 3 kids. we have been married for 14 years and live in WV , also who's a good laywer !!

thanks in advance
No you don't get to get rich because your husband is an unfaithful lout. Sue your husband. For divorce. HE is the one responsible for cheating and not keeping his wedding vows. NOT walmart.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? WV

Wondering if i can sue Walmart because my husband who is a clerk there had an affair with his manager.

She switched their shifts around so that they would work together more, signed off so he could leave early, called his cell phone while at work and talked to him for 20-30 mins at a time 4-6 times a night....i'm sure she called all the other employees that were working under her that night! She also called my home phone number, would drive by my house, would call him both during work hours and while he was home.

basically i want to know if i can sue walmart because their manager had an affair with my husband during work hours....or how would i sue them and for what.

my husband and i are still currently living together because of our 3 kids. we have been married for 14 years and live in WV , also who's a good laywer !!

thanks in advance
No you don't get to get rich because your husband is an unfaithful lout. Sue your husband. For divorce. HE is the one responsible for cheating and not keeping his wedding vows. NOT walmart.
 

lookatmystealth

Junior Member
NOT SURE WHY I CAN'T..... his manager whom he had an affair with changed his schedule around just so they would be together more....doesn't seem like something they would teach in manager training??? also they were on their cell phones during almost every hour they were working together...so does walmart condone that as well??

i want his manager to lose her job...for what she has done not for me to get rich! Everything i have worked for is over because of her ...i don't feel that it is fair for nothing to happen to her!!
 

Antigone*

Senior Member
NOT SURE WHY I CAN'T..... his manager whom he had an affair with changed his schedule around just so they would be together more....doesn't seem like something they would teach in manager training??? also they were on their cell phones during almost every hour they were working together...so does walmart condone that as well??

i want his manager to lose her job...for what she has done not for me to get rich! Everything i have worked for is over because of her ...i don't feel that it is fair for nothing to happen to her!!
Then call Walmart and snitch, other than that you have no legal recourse. Even if you do alert the management team at WalMart, they don't have to take action just because you said so.

btw...who the heck ever told you life was fair :eek:...that person is a liar:eek:
 

nextwife

Senior Member
NOT SURE WHY I CAN'T..... his manager whom he had an affair with changed his schedule around just so they would be together more....doesn't seem like something they would teach in manager training??? also they were on their cell phones during almost every hour they were working together...so does walmart condone that as well??

i want his manager to lose her job...for what she has done not for me to get rich! Everything i have worked for is over because of her ...i don't feel that it is fair for nothing to happen to her!!
If Hubby respected you and the marriage, none of this would have happened. This is solely your husbands fault. No cheating can occur if the party is unwilling. Obviously Hubby was willing.
 

LdiJ

Senior Member
NOT SURE WHY I CAN'T..... his manager whom he had an affair with changed his schedule around just so they would be together more....doesn't seem like something they would teach in manager training??? also they were on their cell phones during almost every hour they were working together...so does walmart condone that as well??

i want his manager to lose her job...for what she has done not for me to get rich! Everything i have worked for is over because of her ...i don't feel that it is fair for nothing to happen to her!!
Well...you might be able to cost her, her job. Walmart probably would not be at all happy with her, and you probably wouldn't need to file a lawsuit to do it.

However, what will it gain you? Nothing. Its still your husband that cheated. Its still your husband that made vows and broke them.
 

Ohiogal

Queen Bee
NOT SURE WHY I CAN'T..... his manager whom he had an affair with changed his schedule around just so they would be together more....doesn't seem like something they would teach in manager training??? also they were on their cell phones during almost every hour they were working together...so does walmart condone that as well??

i want his manager to lose her job...for what she has done not for me to get rich! Everything i have worked for is over because of her ...i don't feel that it is fair for nothing to happen to her!!
No. Everything you have worked for is over because apparently you worked for an unfaithful pathetic example of a husband and you lived for your marriage. You don't get to profit from the fact that your husband couldn't keep it in his pants. Walmart is not responsible for the fact that your husband didn't just buy Lay's but got laid at work. Seriously. You can SUE YOUR HUSBAND. For divorce. His manager owes YOU nothing. Your husband owed you what fidelity.
 

chaotix

Junior Member
Google search results....

1.TECHNICALLY, you can legally sue for alienation of affection. However this is extremely rare, and it is not common place nowadays. It's difficult to prove. You would have to prove that the marriage was happy before the affair, that the other person willfully intentionally and maliciously attempted to break up the marriage, prove that a full blown sexual affair occurred, and that you have suffered considerable damages for everything that happened. It's technically possible but realistically it's next to impossible to prosecute for nowadays. However again it's extremely hard to prove and extremely rare that it's pursued. It would be nice if adultery still had more serious consequences nowadays though in my personal opinion.

2. It won't hold any merit & will be a waste of money & time unless the woman who had an affair with the husband caused physical or monetary loss as a result of the affair. Even then, the court is likely going to rule against such a lawsuit because the husband is the one responsible for any negative consequences of the affair since he is the one who made the decision to cheat. He is the one who broke the "contract" of the marriage vows - not the mistress. The mistress was only along for the ride if you will, and can't be punished in court for the actions of the cheating husband. I suppose if she knew he was married & by engaging in the affair she knowingly & willingly caused financial or physical hardship & it can be proven that her actions directly caused such hardship, it MIGHT be able to be dealt with in court, but as I said, judges are not likely to rule against a mistress when it is the husband's actions who brought harm upon his own family by having the affair to begin with.

3. Injured Spouse can bring action against 3rd party (affair) in Hawaii, Illinois,New Hampshire,New Mexico, North Carolina,South Dakota and Utah.

4. If you live in a state that has alienation of affection laws then yes you can sue and you can win. there was a case in Georgia (i think) where a man sued the man his wife ran off with and won $700,000. I am really a fan of this process because it increases accountability.

I doubt that you would be awarded alot of money from these two adulterers working the night shift at a Walmart, hence, the aggravation is not worth the time or the money. You do not live in those states that can sue as an injured spouse, so, you have two reasonable options, get a divorce, sue for alimony/child support and move on with your life or maintain your status quo.
 

CourtClerk

Senior Member
These poor newbies

DON'T POST IF YOU DON'T KNOW THE ANSWERS...
Google search results....

1.TECHNICALLY, you can legally sue for alienation of affection. However this is extremely rare, and it is not common place nowadays. It's difficult to prove. You would have to prove that the marriage was happy before the affair, that the other person willfully intentionally and maliciously attempted to break up the marriage, prove that a full blown sexual affair occurred, and that you have suffered considerable damages for everything that happened. It's technically possible but realistically it's next to impossible to prosecute for nowadays. However again it's extremely hard to prove and extremely rare that it's pursued. It would be nice if adultery still had more serious consequences nowadays though in my personal opinion.
Did Google also tell you that you can't sue for alienation of affection in WV???
2. It won't hold any merit & will be a waste of money & time unless the woman who had an affair with the husband caused physical or monetary loss as a result of the affair. Even then, the court is likely going to rule against such a lawsuit because the husband is the one responsible for any negative consequences of the affair since he is the one who made the decision to cheat. He is the one who broke the "contract" of the marriage vows - not the mistress. The mistress was only along for the ride if you will, and can't be punished in court for the actions of the cheating husband. I suppose if she knew he was married & by engaging in the affair she knowingly & willingly caused financial or physical hardship & it can be proven that her actions directly caused such hardship, it MIGHT be able to be dealt with in court, but as I said, judges are not likely to rule against a mistress when it is the husband's actions who brought harm upon his own family by having the affair to begin with.
Irrelevant drivel
3. Injured Spouse can bring action against 3rd party (affair) in Hawaii, Illinois,New Hampshire,New Mexico, North Carolina,South Dakota and Utah.
None of those states are the state in question
4. If you live in a state that has alienation of affection laws
But she doesn't....
 

CourtClerk

Senior Member
my husband and i are still currently living together because of our 3 kids. we have been married for 14 years and live in WV ,
Your husband and you are still currently living together probably more because you have been married so long that you've tied your life into him and you don't know how to let him go. His 3 kids didn't keep his penis in his pants, so please believe me, it's not keeping him in the home. Rather, you don't want to be stuck raising the 3 kids on your own, with minimal income. I mean really.... I'll send you a dollar. Buy some self respect.
 

Ohiogal

Queen Bee
Google search results....

1.TECHNICALLY, you can legally sue for alienation of affection. However this is extremely rare, and it is not common place nowadays. It's difficult to prove. You would have to prove that the marriage was happy before the affair, that the other person willfully intentionally and maliciously attempted to break up the marriage, prove that a full blown sexual affair occurred, and that you have suffered considerable damages for everything that happened. It's technically possible but realistically it's next to impossible to prosecute for nowadays. However again it's extremely hard to prove and extremely rare that it's pursued. It would be nice if adultery still had more serious consequences nowadays though in my personal opinion.
Not in WV and NOT Walmart.

2. It won't hold any merit & will be a waste of money & time unless the woman who had an affair with the husband caused physical or monetary loss as a result of the affair. Even then, the court is likely going to rule against such a lawsuit because the husband is the one responsible for any negative consequences of the affair since he is the one who made the decision to cheat. He is the one who broke the "contract" of the marriage vows - not the mistress. The mistress was only along for the ride if you will, and can't be punished in court for the actions of the cheating husband. I suppose if she knew he was married & by engaging in the affair she knowingly & willingly caused financial or physical hardship & it can be proven that her actions directly caused such hardship, it MIGHT be able to be dealt with in court, but as I said, judges are not likely to rule against a mistress when it is the husband's actions who brought harm upon his own family by having the affair to begin with.
Or if the Alienation of Affection suit would be filed in a state that does NOT recognize it.

3. Injured Spouse can bring action against 3rd party (affair) in Hawaii, Illinois,New Hampshire,New Mexico, North Carolina,South Dakota and Utah.
None of which are WV.
4. If you live in a state that has alienation of affection laws then yes you can sue and you can win. there was a case in Georgia (i think) where a man sued the man his wife ran off with and won $700,000. I am really a fan of this process because it increases accountability.
IRRELEVANT.
I doubt that you would be awarded alot of money from these two adulterers working the night shift at a Walmart, hence, the aggravation is not worth the time or the money. You do not live in those states that can sue as an injured spouse, so, you have two reasonable options, get a divorce, sue for alimony/child support and move on with your life or maintain your status quo.
So WHY did you even post when you know she doesn't live in a state where she has a claim? Nice waste of bandwidth.
 

Ohiogal

Queen Bee
Technically, the answer is 'yes'. You can sue Walmart.

However, as you've been told, you're not likely to win.
The lawyer is the ONLY person who would win because he would take her money. That is if she could find an attorney who would attempt such a BS case. Because i can guarantee the manager was ACTING OUTSIDE THE SCOPE OF HER EMPLOYMENT when she was having an affair with hubby.
 
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