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1 Dark_Falcon  Fri, Oct 18, 2013 3:51:34pm

The problem is that while “protection of self or others” is often spelled out properly in criminal law, civil law can be another story. And as a national chain Wal-Mart has to have a uniform policy regarding regarding an employee’s use of force. And if the attacker had suffered a broken bone or two, there are states where he would be able to sue Wal-Mart for its employee injuring him. Wal-Mart has written its policy with a view towards minimizing that kind of liability. As always with Wal-Mart, it’s all about the money.

2 ThomasLite  Fri, Oct 18, 2013 3:59:15pm

You can’t seriously argue that’s a *proper* situation, though.

One thing you’re right in (it’s not *quite* the civil/criminal law distinction): Most anything can be agreed upon as the conditions of labour as long as it’s not explicitly forbidden to ask someone to do, or not do, that thing.

Now there’s no obligation as such to defend someone in a case like this, so it can be agreed upon as part of your job.

Now whether that’s right and proper to actually do require of an employee, is highly dubitable.
First of all, those same states with sufficiently expansive tort law to even give such a claim a hint of a chance probably provide for liability to walmart in case of injury to the victim here, as well - and it’s probably a lot less shaky than your case here is.

Finally: it seems public opinion, pretty much in unison, agrees this is an undesirable action by walmart. Expressing that is going to shift the balance of what makes walmart’s financial motivation tick.
If anything, you should truly appreciate the wonder of having the free market take care of this matter properly, D_F. From what I’ve seen of your posts, if anything, it’d be highly hypocritical not to.

3 jvic  Fri, Oct 18, 2013 6:21:34pm

re: #1 Dark_Falcon

1. I take your point, but jeez. If there’s a Good Samaritan law in MI, Walmart has no excuse.

2. I don’t know if this is an example of Hard cases make bad law, or Bad law makes hard cases.

3. For all of Sam Walton’s ruthlessness and rapacity, I wonder if this would have happened if he was still running the company.

4. If somebody puts up a pledge to not shop at Walmart for say a month, I’ll sign it.

4 PhillyPretzel  Sat, Oct 19, 2013 6:39:23am

re: #3 jvic

How about not shopping at Wal-Mart, period? You can better deals at Target and membership warehouses like Costco. And those who use the internet can find some good deals at amazon.

5 jvic  Sat, Oct 19, 2013 9:01:07am

1. The firee has been offered his job back:

“We took a step back and looked at all the information,” company spokeswoman Ashley Hardie said. “We realize his intentions were good, and we’ve reached out to him to offer him his job back and let him know that he’s welcome back at the store.”

Uh huh.

2. PhillyPretzel #4, I’ve heard good things about Costco but unfortunately they’re 40 miles away (and I’m lukewarm about my BJ’s membership). Afaic the bargains at Amazon are fewer and farther between than they used to be.

I should check out Target as you suggest.

6 Vicious Babushka  Sat, Oct 19, 2013 6:19:28pm

He can probably find a better job anywhere else.

7 Dark_Falcon  Sun, Oct 20, 2013 7:11:07am

re: #3 jvic

1. I take your point, but jeez. >If there’s a Good Samaritan law in MI, Walmart has no excuse.

Your other three points are right on, but point 1 needs to be addressed: Good Samaritan laws do not cover the use of force, even non-lethal force. Those are covered by laws regarding the defense of self or others. As in this case the aid rendered to the lady involved fighting off her attacker, it would be associated with what in Florida is called the “Forcible Felony” provision. Illinois has something similar, and in both states the effect is that someone injured as a result of their unlawful assault on someone else cannot sue those who lawfully stopped the assault.


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