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Do Retailers have any rights? - 4/5/2008 7:52:00 AM   
MissSCD


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I am asking this question because I really do not know the answer.  I know.  Shock.  I knew it all, right?
Last night, we had an unruly child around 8 years old in our store.  (Won't mention the company for obvious reasons). 
We have a rule not to bounce balls in our store because they can tear up lights in the store, or as I saw last night, displays.
I asked this child in a polite manner, no bouncing the ball in the store, please.   Then my supervisor asked him again acept she is a little sharp in tone. 
Well, the kid got the ball again, and looked right at me.  I said again in the same tone, "no bouncing the ball in the store please." About that time, he started up, and threw the ball in he make up display tearing it down.
Then the supervisor jumped out of the office, and merely said, "That is why we do not bounce balls in the store."
The mother, flew into the supervisor.  Pretty sure there will be a complaint.
Does anyone know the legalities of this?  I am glad I am not the store manager.
 
One of those nights I suppose.   This is one time I watched it all and kept quite.  I helped the woman clean up rocks, and I put the make up counter back together.  
What if this had been a fine china shop or something like that?

 
Regards, MissSCD
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RE: Do Retailers have any rights? - 4/5/2008 8:21:30 AM   
TheHeretic


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         The manager should have gone to the parent, and instructed her to either control the _____ or leave the store.  The last retail shop I worked in had very strict rules about unaccompanied minors, but it was a family-owned operation.

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RE: Do Retailers have any rights? - 4/5/2008 8:40:46 AM   
soul2share


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Having worked in retail, I can see where it is your coming from.  Management could have definitely tossed mom and the "adorable little tot" out of the store, and could have barred them from ever returning.  Most stores only do this in the case of catching someone shoplifting, but enough is enough.  Also, if the little snot, I mean tot, broke or damaged anything, she (the mom) should have been made to pay for it.

There is nothing that says that they can't adopt a policy of all children MUST be accompanied by an adult.  It's not discrimination, it's not refusing to sell to them, it's probably the only way retailers can protect their goods anymore.  As far as her complaining, let her!  Make sure all the ducks are in a row, if you have cameras in the store, make a copy of the tape or digital image, and play that back for management.  I have found that it's not always the customer that is right, and finally, management is waking up to the same fact. If you're lucky, she won't come back...one can always hope!

Seeing other people's kids like this one just reinforce my feelings of the benefits of a good swift kick in the ass!

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RE: Do Retailers have any rights? - 4/5/2008 9:03:19 AM   
pahunkboy


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op-  HEY while this is fresh in your mind- jot down all the details.  File it in your personal file- in case it is needed.

stores can and have banned people. 

this would be a great in to sell the nice family a ton of cheap crap from abaord.  will that be cash or charge. if you break it you bought it.

BTW- there ARE people who go around setting up places to sue.

unruly/ disorderly people can be thrown out.

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RE: Do Retailers have any rights? - 4/5/2008 10:23:40 AM   
CalifChick


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That's the reason alot of stores have signs that say "we reserve the right to refuse service to anyone."  You don't need the sign to enforce that right, but it's a reminder to the customers.

Cali


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RE: Do Retailers have any rights? - 4/5/2008 11:07:18 AM   
NeedToUseYou


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quote:

ORIGINAL: MissSCD

I am asking this question because I really do not know the answer.  I know.  Shock.  I knew it all, right?
Last night, we had an unruly child around 8 years old in our store.  (Won't mention the company for obvious reasons). 
We have a rule not to bounce balls in our store because they can tear up lights in the store, or as I saw last night, displays.
I asked this child in a polite manner, no bouncing the ball in the store, please.   Then my supervisor asked him again acept she is a little sharp in tone. 
Well, the kid got the ball again, and looked right at me.  I said again in the same tone, "no bouncing the ball in the store please." About that time, he started up, and threw the ball in he make up display tearing it down.
Then the supervisor jumped out of the office, and merely said, "That is why we do not bounce balls in the store."
The mother, flew into the supervisor.  Pretty sure there will be a complaint.
Does anyone know the legalities of this?  I am glad I am not the store manager.
 
One of those nights I suppose.   This is one time I watched it all and kept quite.  I helped the woman clean up rocks, and I put the make up counter back together.  
What if this had been a fine china shop or something like that?

 
Regards, MissSCD


Stores can ban anyone at anytime, as long as it's within the guidlines of the law, basicly it can't be because Age,sex,race,disability, etc... But they can toss anyone for being an asshole at whim, and perfectly within there rights to do so. The store is not owned by the public, it is privately owned, and they still have some rights over their property to the dismay of the many.



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RE: Do Retailers have any rights? - 4/5/2008 11:08:55 AM   
farglebargle


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"Mom always said, don't play ball in the house," said Bobby to his brother Peter.

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RE: Do Retailers have any rights? - 4/5/2008 11:23:45 AM   
MissSCD


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I had to laugh on this one. 
 
I know my store manager well enough to know that the customer will not be bannned.  She would only ban someone for shoplifting or other illegal activities.
There will be a complaint filed on my supervisor that night.  I am on camera watching the whole entire thing. 
At least I made an effort to help.  For once, I am in the clear hear.
Out of all of our customers, I would say less than one percent give us any trouble.
 
I usually go to the parent if they look like they are going to be trouble.    I haven't thought she might have been shop lifting and used them as a decoy.
 
Regards, MissSCD

quote:

ORIGINAL: farglebargle

"Mom always said, don't play ball in the house," said Bobby to his brother Peter.

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RE: Do Retailers have any rights? - 4/5/2008 11:40:14 AM   
GoddessDustyGold


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quote:

ORIGINAL: MissSCD

I had to laugh on this one. 
 
I know my store manager well enough to know that the customer will not be bannned.  She would only ban someone for shoplifting or other illegal activities.
There will be a complaint filed on my supervisor that night.  I am on camera watching the whole entire thing. 
At least I made an effort to help.  For once, I am in the clear hear.
Out of all of our customers, I would say less than one percent give us any trouble.
 
I usually go to the parent if they look like they are going to be trouble.    I haven't thought she might have been shop lifting and used them as a decoy.
 
Regards, MissSCD

quote:

ORIGINAL: farglebargle

"Mom always said, don't play ball in the house," said Bobby to his brother Peter.



Frankly, it was the first thing I thought of when I read the OP.  I wondered why the parent was not immediately made aware that the child was causing a problem and acting inappropriately.  Some parents are not going to care, and the li'l one can do no wrong in their eyes.  Mayhap this is why we have so many frivolous law suits in ths country.
Yes, the retailer has rights.  If the retailer chooses not to take advantage of those rights due to a kind heart or a company policy, then it is the retailer's loss.  If this is a regular and free spending cusotmer, then I supose the time spent cleaning up and resetting a display after the "accident" is a trade-off.  But if not..."shrug"...
I wouldn't put up with it, but I am not the owner or manager of the store.  We can only hope that the complaint doesn;t come back to bite her in the ass.  It is good that it is all on tape.

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RE: Do Retailers have any rights? - 4/5/2008 11:45:29 AM   
Level


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quote:

ORIGINAL: TheHeretic

        The manager should have gone to the parent, and instructed her to either control the _____ or leave the store.  The last retail shop I worked in had very strict rules about unaccompanied minors, but it was a family-owned operation.


Hey Rich, your pc must be messed up, a word or two is missing......
 
"either control the little shit or leave"

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RE: Do Retailers have any rights? - 4/5/2008 12:53:37 PM   
bipolarber


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Been there, done that.

Bill the mother for the damages. If she doesn't pay, there's small claims court. You have every right to ask her to NEVER come back to your store again. If she becomes nasty while being confronted for the damages, you call the cops and have her cited for disturbing the peace. If she resists that... well, the cops love that sort of person. ;) If Mommy can't do a good enough job of trianing her little kid to mind other grown ups, then she deserves what she gets. Either leave the brat at home, or dicipline them more often so they don't get out of hand.




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RE: Do Retailers have any rights? - 4/5/2008 1:54:12 PM   
MissSCD


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The mother was told, and ignored us.   We would never sue because the company I work for would not allow it.  
We are one of the very few ones left that believe the customer is always right, and besides I can clean it up and move on.
Thanks for your answers.

Regards, MissSCD

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RE: Do Retailers have any rights? - 4/5/2008 2:15:44 PM   
Lockit


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That's when you need good customers... hehe... surround the lil monster and mom... glare... frown... and give the general appearance of something not so nice... or someone say... mom, take care of that um before we do.

Okay... that doesn't work in real life.  But as a customer I hate shopping in certain stores because parents there are more likely to not parent.  I found myself frowning at um's and didn't think that was fair.  They aren't at fault.  It is the parent.  Now I will watch them, frown, glare or say something.  It works every time and I haven't had one confrontation.

I would think that retailers would consider some of us older, grouchy customers who don't like shopping with such distractions and hindrences to safely and somewhat peacefully spending our money.

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RE: Do Retailers have any rights? - 4/5/2008 6:09:34 PM   
SugarMyChurro


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quote:

ORIGINAL: CalifChick
That's the reason alot of stores have signs that say "we reserve the right to refuse service to anyone."  You don't need the sign to enforce that right, but it's a reminder to the customers.


From a legal standpoint such a sign is utter bullshit. Think about it for a moment. It's ridiculous on the face of it.

In California we have the Unruh Civil Rights Act that protects people from any undue prejudice in being serviced as customers. And you might be surprised the latitude it affords a customer.

That doesn't mean a business couldn't call the cops about a situation as described in the OP, but a business cannot refuse service on whim alone.

I am stunned that this kind of thing even has to be explained.

http://www.dfeh.ca.gov/about/unruhDescription.aspx

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RE: Do Retailers have any rights? - 4/5/2008 6:58:39 PM   
MissSCD


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I haven't had a problem.  The store manager said she liked the tone I used when I told them no bouncing the ball in the store, please; however, the acting manager has a sharp tone which can be misunderstood as rude.  She will have to deal with that because she has gotten several customer complaints, and our company will not go for that.
 
Thanks.
 
Regards, MissSCD

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