• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I sue for slander or emotional distress?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jh341212

Member
Tennessee- Earlier I was shopping at Dunham’s (large sporting goods store) and after I paid for my clothes, I walked out of the doors and was approached by two cops who began to question/interrogate me about shoplifting and told me the employees believed I had been stealing and made them suspicious because I was in there for “3 hours”. First of all, I was in there for no more than 1 and 1/2 hours and I have proof. Also, today was the first day of a weekend sale they had going on, and there was a lot of clearance racks to go through and I wanted to find the best deals that I could. And, I was also sending my mom pictures of clothes to see if she or my grandma liked it and wanted me to buy it for them. I was not acting weird or sneaky, I was shopping just like everybody else. They had no reason whatsoever to suspect I was shoplifting, I believe I was discriminated against. And also, they lied about how long I was in there. On top of the humiliation of being falsely accused of shoplifting, they questioned & searched me right outside of the store in public so everybody could see. I want to know if I can sue? Honestly, I would be happy if I could take this to court and get the employees that called the police on me, fired. Money isn’t exactly what I’m looking for. But this was completely unacceptable and something needs to be done.
 


Just Blue

Senior Member
Tennessee- Earlier I was shopping at Dunham’s (large sporting goods store) and after I paid for my clothes, I walked out of the doors and was approached by two cops who began to question/interrogate me about shoplifting and told me the employees believed I had been stealing and made them suspicious because I was in there for “3 hours”. First of all, I was in there for no more than 1 and 1/2 hours and I have proof. Also, today was the first day of a weekend sale they had going on, and there was a lot of clearance racks to go through and I wanted to find the best deals that I could. And, I was also sending my mom pictures of clothes to see if she or my grandma liked it and wanted me to buy it for them. I was not acting weird or sneaky, I was shopping just like everybody else. They had no reason whatsoever to suspect I was shoplifting, I believe I was discriminated against. And also, they lied about how long I was in there. On top of the humiliation of being falsely accused of shoplifting, they questioned & searched me right outside of the store in public so everybody could see. I want to know if I can sue? Honestly, I would be happy if I could take this to court and get the employees that called the police on me, fired. Money isn’t exactly what I’m looking for. But this was completely unacceptable and something needs to be done.
I would complain to the store manager and corporate. No court is going to order the firing of an store employee.

In what way were you discriminated against?
 

quincy

Senior Member
If the store contacted the police because they suspected you of shoplifting, the police did nothing wrong in responding to their call and questioning you.

Although I understand how embarrassing it might have been for you, there is no defamation action for you to pursue based on what you have described of the incident.

The best you can probably do is file a complaint with the store, expressing how upset you were when stopped in the manner you were. And you can take your business elsewhere.
 

Jh341212

Member
I would complain to the store manager and corporate. No court is going to order the firing of an store employee.

In what way were you discriminated against?
I live in a very conservative town in TN and I’m bisexual and very tomboyish looking and I think it’s possible the employees are homophobic. Everyone else was greeted when walking in and I heard them ask the customers if they were finding everything okay and I was never spoken to at all and given dirty looks. When I asked about a clearance item, the employee very obviously had an attitude when answering me.
 

Jh341212

Member
I just thought that, if you were to watch the camera footage, you would see That I did nothing to make it seem like I was shoplifting and it seems like I was harassed / targeted because of my sexuality / their assumptions about my sexuality... I think it could be argued they knew I really wasn’t stealing and there’s one thing they definitely lied about and that is the amount of time I was in the store. They said 3 hours when I have proof it was only 1 1/2. Possibly someone is homophobic and wanted to humiliate me? Idk. It was just so ridiculous. I’m not very articulate so I might not make sense, but I tried my hardest to put my thoughts into words.
 

Taxing Matters

Overtaxed Member
The store personnel may have thought one or more of things you did were consistent with what shoplifters do, and that would be sufficient for the store personnel to confront you and ensure whether you were shoplifting or not. The fact that YOU didn't think anything you did was suspicious is understandable as you wouldn't think anything you did was suspicious if you really weren't shoplifting, but your actions might have been seen differently by store personnel. After all, honest shoppers do indeed sometimes do things that to others would seem unusual or suspicious. Note that the fact that you weren't a shoplifter doesn't mean that they didn't have enough to at least check you out.

In any event, you have not described a good case for slander. Slander is spoken defamation. In order to win a defamation lawsuit, you have to prove that the defendant made a false statement of fact to another person that injured your reputation. The things they said to you are not defamatory because those statements were not made to another person. Others seeing you being confronted by store personnel is not the communication of any statement to others.

In order to sue for intentional infliction of emotional distress you have to show that the defendant engaged in some kind of conduct that was extremely outrageous and well outside the sorts of things people might commonly do. Suspected shoplifters are confronted all the time, there isn't anything about that which is extremely outrageous and well outside the usual sorts of things you might expect people to do. Yes, it's not pleasant and may be embarrassing, but you don't get to sue out of mere embarrassment.

You mentioned discrimination. What kind of discrimination (race, religion, etc) do you think was involved and why?
 
Last edited:

quincy

Senior Member
I just thought that, if you were to watch the camera footage, you would see That I did nothing to make it seem like I was shoplifting and it seems like I was harassed / targeted because of my sexuality / their assumptions about my sexuality... I think it could be argued they knew I really wasn’t stealing and there’s one thing they definitely lied about and that is the amount of time I was in the store. They said 3 hours when I have proof it was only 1 1/2. Possibly someone is homophobic and wanted to humiliate me? Idk. It was just so ridiculous. I’m not very articulate so I might not make sense, but I tried my hardest to put my thoughts into words.
You explained the situation well. I understand that you might have been treated differently because of your appearance.

Teenagers or groups of teens, too, are frequently treated in a manner similar to how you were treated, based solely on their age or appearance.

I think a letter to the corporate office can be worthwhile. You should receive a response, perhaps a gift card, and store employees might get some additional training to prevent an incident like you experienced from happening again.

But I do not see that you have injury/damages enough to support a lawsuit.
 

cbg

I'm a Northern Girl
The things they said to you are defamatory because those statements were not made to another person.

I believe Tax meant to say that they are NOT defamatory because they were not made to another person.

A court cannot order an employer to fire someone and there is no law you can invoke that will force it, either.
 

quincy

Senior Member
I think Taxing Matters missed a “not,” too. But, if there was a (false) accusation of shoplifting made by an employee to the police, that IS communication to a third party. It just would not be actionable defamation because reports to the police are covered by a qualified privilege.

If the complaint by Jh341212 to Dunham’s Corporate Office mentions that Jh341212 noticed (or felt) disparate treatment by the employees, Dunham’s might require additional training for its employees. No company wants to drive away paying customers.
 

commentator

Senior Member
I think you are thinking there is protection under the law and through the courts for things that are not protected such as your sexuality. If your demeanor conveys you as you've described yourself, bisexual and rather gender fluid in appearance, more particularly if you happen to have ink and piercings and dress very non traditionally, you have probably experienced quite a bit of this type of negative attention in any of the small towns where this store is located. It would be a beautiful world if it wasn't so, but it's the reality of what happens.

And if you, looking this way, came into a store in this place and began going through the merchandise at a very slow pace, making pictures, etc. and stayed for a considerable length of time, you were, and you know you were, jacking with the store staff. It may have been what you wanted to do, but you don't get to do it without taking into consideration that they're going to react in a certain way. And it's not illegal.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top