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Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 5:37:24 PM   
pahunkboy


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But "the catalyst" for the complaint was the videotaping, which was discovered by several workers in March 2008 and was being done in a unisex bathroom that was also used by the public, said the suit by Bethlehem attorney Erv McLain./snip

http://www.mcall.com/news/breaking/all-walmart-bathroom-1222cn,0,101496.story
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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 5:43:58 PM   
DarkSteven


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"I am absolutely and utterly incredulous that any company, especially a company of the size of Wal-Mart, would allow people to do this," McLain said today. "I can't believe that they had the audacity to do this."

Dunno how to phrase it better than that.


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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 6:17:51 PM   
corsetgirl


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Great! That will make me think twice about using public bathrooms at megamarket stores. It is bad enough for me to think that the fitting rooms have videotaping. I used to have visions of two security administrators betting each other that I could not fit into a garment!

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 7:42:07 PM   
AnimusRex


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I am never having sex in a public restroom again.

Or at least without checking for cameras.





P.S. Or at least without making sure my hair is combed and I get my good side in view.



P.P.S. Oh, and asking for residuals in case it goes viral on Youtube.

< Message edited by AnimusRex -- 12/25/2009 7:44:16 PM >

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 7:44:07 PM   
LafayetteLady


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quote:

ORIGINAL: pahunkboy

But "the catalyst" for the complaint was the videotaping, which was discovered by several workers in March 2008 and was being done in a unisex bathroom that was also used by the public, said the suit by Bethlehem attorney Erv McLain./snip

http://www.mcall.com/news/breaking/all-walmart-bathroom-1222cn,0,101496.story



In Pennsylvania, it is illegal to record (in any way) someone without their authorization. Regardless of where the camera is pointing, it is not permitted to be in a bathroom or a changing room. The argument that is was there to "see" if people were stealing and pointed away from the toilets falls flat anyway. People could then easily sit on the john and steal to their hearts content.

There isn't a law about making repairs to unregistered and uninsured vehicles to my knowledge. Granted people are supposed to register and insure their vehicles as soon as they aquire them, but the Walmart employees wouldn't be held liable for whether the cars were registered or insured.

The employees definately have a case regarding the videotaping. Complaining about unregistered, uninsured vehicles will fall flat. Unless the employees can show how their own health and safety was put in jeopardy by the way hazardous materials were disposed of, it won't do much for their case, although the EPA will likely want to be involved. "Extreme time pressures?" That will be interesting to hear defined.

I do find it interesting that the fired employee sought compensation BEFORE filing suit. The article makes it sound as though the employee filed suit because they weren't offered enough money, which is a bit sad.

Something to remember though is that although Walmart is a huge chain, it doesn't mean that upper management at the regional or national level was aware of what was going on. I'm not defending Walmart at all. But the reality is that even though Walmart is often being sued by someone, in a case like this, the store would not have approved the videotaping. In fact one of the links on the site the OP listed says just that.

Also interesting is that three of the employees complaining about "extreme time pressure" are still employed at that location. This is a apparently a Walmart owned "outlet" for auto repairs, one of the few jobs that are not suffering under the currect economy. So things weren't so bad that these men went looking for another job in the full year since the incident took place.

All in all, videotaping your employees or customers in bathrooms and/or changing rooms is against the law, but the other things named in the suit really sound like the attorneys reaching for some stuff to beef up their complaint. Regardless the case will be settled out of court now that the complaint was filed AND made public.


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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 9:09:09 PM   
pahunkboy


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what does a registerred car have to do with anything?

They DO inspections.


< Message edited by pahunkboy -- 12/25/2009 9:10:36 PM >

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 9:15:04 PM   
servantforuse


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I wish it would have happened to me. It would have greatly enhanced my retirement income.

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 9:23:44 PM   
Termyn8or


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"I am absolutely and utterly incredulous that any company, especially a company of the size of Wal-Mart, would allow people to do this," McLain said today. "I can't believe that they had the audacity to do this."

Just when I thought I had seen everything, now comes this. A new epitome of stupidity. I suppose this person thinks the rich make money by giving it away.

T

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/25/2009 9:34:31 PM   
ElectraGlide


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Gosh you can't even take a dump in peace and privacy anymore.

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 9:59:25 AM   
JudasButcher


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I've spent a LOT of time above walmart ceilings, this doesnt't surprise me at all. I've never seen as much security wiring in my life as I've seen in these stores. I've done 16 of them start to finish.

While I've never seen one installed, there are companies that have camera's disguised as fire sprinklers. (what I do) I could easily spot it, but anyone who doesn't know sprinklers would never tell the difference. http://www.security-kits.com/FS35-Fire-Alarm-Sprinkler-Head-Hidden-Video-Camera-p-16344.html

I've worked in many chain stores, mall stores, grocery chains, etc. and there are definitly camera's everywhere. Usually they aren't in those big globes hanging from the ceiling, those are just to distract shoplifters. They focus on staying away from those when the real camera is always watching. I've actually seen them hidden inside those horn-strobe fire alarms on the wall. They aren't always obvious....sigh. Another loss of freedom and privacy thanks to the few that choose to break the law.


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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 10:25:10 AM   
flcouple2009


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quote:

ORIGINAL: DarkSteven

"I am absolutely and utterly incredulous that any company, especially a company of the size of Wal-Mart, would allow people to do this," McLain said today. "I can't believe that they had the audacity to do this."

Dunno how to phrase it better than that.



Please, that is lawyer talk for, "I wanna get paid". 
WalMart didn't tape anyone in the bathroom.  No one at the corporate office ever came up with an idea like this, they are not morons.  Now on the other hand the idiot manager in charge of loss pervention in the store decided to put a camera in the bathroom to find out who was stealing.  When this is all done he will find himself an unemployed idiot.

WalMart is ultimately responsible because as the manager of the store he was their representative.  Of course they have to be sued because they have the money and not the manager.  The only reason this would have not already been settled is because they are way over reaching in terms of what they want.

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 11:40:29 AM   
LafayetteLady


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quote:

ORIGINAL: pahunkboy

what does a registerred car have to do with anything?

They DO inspections.



If you read the article, part of the complaint is that they had to work on unregistered and uninsured vehicles. If you then read my post, you will understand that it is "fluff" for the complaint.


quote:


"I am absolutely and utterly incredulous that any company, especially a company of the size of Wal-Mart, would allow people to do this," McLain said today. "I can't believe that they had the audacity to do this."



quote:

ORIGINAL: flcouple2009

Please, that is lawyer talk for, "I wanna get paid".
WalMart didn't tape anyone in the bathroom. No one at the corporate office ever came up with an idea like this, they are not morons. Now on the other hand the idiot manager in charge of loss pervention in the store decided to put a camera in the bathroom to find out who was stealing. When this is all done he will find himself an unemployed idiot.

WalMart is ultimately responsible because as the manager of the store he was their representative. Of course they have to be sued because they have the money and not the manager. The only reason this would have not already been settled is because they are way over reaching in terms of what they want.



Actually, it isn't "lawyer talk" for I want to get paid. It is PR in an attempt to inflame the public against what "Big Corporate Giants" are doing to the "little guy."

Walmart is not "ultimately" responsible for the actions of their employees. They are "totally" responsible for the actions of their employees. The manager is also named in the suit, and if he wasn't, there would be problems with the suit that could potentially get it dismissed. That manager's responsibility financially will be less than the companies, because the company has more money.

When you look at the "big picture" there is no reason why Walmart should not be held accountable. They hired this person, they promoted this person, they had the obligation to train this manager as well. They failed in their duty to do that and by failing, they caused people's privacy and civil rights to be violated.

While I tend to agree with the concept that the Plaintiffs are probably seeking a great deal more compensation than they would be entitled to, Walmart is notorious for not settling cases until they absolutely have to. This is far from their first time being sued by employees, and I'm sure it won't be the last. You would think that the executives would start looking at the kinds of people they are hiring as well as their compensation packages (something they have been sued for in the past) and attempt to implement some changes that might prevent these things from happening. After all, the majority of adults know that you can't video tape someone in a bathroom or changing room, what didn't this manager?

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 3:01:50 PM   
pahunkboy


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One thing- I wanted to see just how outraged anyone would be by cams in the toilet.

I have brought cars in for stuff that had not been inspected.  Often one needs tires or what have you- so as to obtain the inspection.  The workers in the garage have mechanic certifications of some type- so it is not like crashing a nursing home terrace.

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 6:00:26 PM   
flcouple2009


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quote:

ORIGINAL: LafayetteLady


quote:

ORIGINAL: pahunkboy

what does a registerred car have to do with anything?

They DO inspections.



If you read the article, part of the complaint is that they had to work on unregistered and uninsured vehicles. If you then read my post, you will understand that it is "fluff" for the complaint.


quote:


"I am absolutely and utterly incredulous that any company, especially a company of the size of Wal-Mart, would allow people to do this," McLain said today. "I can't believe that they had the audacity to do this."



quote:

ORIGINAL: flcouple2009

Please, that is lawyer talk for, "I wanna get paid".
WalMart didn't tape anyone in the bathroom. No one at the corporate office ever came up with an idea like this, they are not morons. Now on the other hand the idiot manager in charge of loss pervention in the store decided to put a camera in the bathroom to find out who was stealing. When this is all done he will find himself an unemployed idiot.

WalMart is ultimately responsible because as the manager of the store he was their representative. Of course they have to be sued because they have the money and not the manager. The only reason this would have not already been settled is because they are way over reaching in terms of what they want.



Actually, it isn't "lawyer talk" for I want to get paid. It is PR in an attempt to inflame the public against what "Big Corporate Giants" are doing to the "little guy."

Walmart is not "ultimately" responsible for the actions of their employees. They are "totally" responsible for the actions of their employees. The manager is also named in the suit, and if he wasn't, there would be problems with the suit that could potentially get it dismissed. That manager's responsibility financially will be less than the companies, because the company has more money.

When you look at the "big picture" there is no reason why Walmart should not be held accountable. They hired this person, they promoted this person, they had the obligation to train this manager as well. They failed in their duty to do that and by failing, they caused people's privacy and civil rights to be violated.

While I tend to agree with the concept that the Plaintiffs are probably seeking a great deal more compensation than they would be entitled to, Walmart is notorious for not settling cases until they absolutely have to. This is far from their first time being sued by employees, and I'm sure it won't be the last. You would think that the executives would start looking at the kinds of people they are hiring as well as their compensation packages (something they have been sued for in the past) and attempt to implement some changes that might prevent these things from happening. After all, the majority of adults know that you can't video tape someone in a bathroom or changing room, what didn't this manager?


Any reason why you are quibbling over wording?    Yes he said it to inflame a possible jury pool.  Why? because he hopes if he whips them up enough he can get a bigger settlement.  Translation, He wants to get paid.

The higher ups at WalMart are not responsible for what the clown did.  They are however responsible for the consequences of his actions.  So you want to quibble over the wording of ultimately  and totally.

Rather silly isn't it?

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 6:25:22 PM   
LafayetteLady


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quote:

ORIGINAL: flcouple2009

Any reason why you are quibbling over wording?    Yes he said it to inflame a possible jury pool.  Why? because he hopes if he whips them up enough he can get a bigger settlement.  Translation, He wants to get paid.

The higher ups at WalMart are not responsible for what the clown did.  They are however responsible for the consequences of his actions.  So you want to quibble over the wording of ultimately  and totally.

Rather silly isn't it?



Actually, it has nothing to do with a potential jury pool as this case will never see a jury. Attorneys on a case like this don't need to inflame the jury to get their payment. The only thing this case has is the video taping which is not even questionably against the law, it is completely illegal. A couple of the Plaintiffs are also claiming wrongful termination for questioning it which will be difficult to prove and in all liklihood, those losses will be minimal. A Walmart mechanic isn't raking in the big bucks, and I'm sure since this happened last year, they are already re-employed so the only actual losses they can get is for the time out of work which won't cover much, especially since if they collected unemployment, the loss of employment damages are lessened even further.

Most people like to believe that a jury has a whole lot of say in how much to award a Plaintiff. This suit isn't going to be worth millions by any stretch. Because the Defense has already now admitted that the cameras were present, a settlement will be quick. It is unlikely that the Plaintiffs in this case will even get 100K each out of the deal.

The higher ups at Walmart are responsible for everything their employees do while on the job. Walmart is notorious for low pay, long hours and lack of proper training for their employees. Logically, you would think that with all the employment related suits they have that are well founded, they would wake up and make some changes. But even if there was to be a million dollar payment on this case, it is pocket change to this company.

If potential jurors are knowledgable about a case, having read things in the paper or heard about it on the news, they are not going to serve on the jury. So inflamming a potential jury pool is impossible.

It isn't "quibbling" over wording. I'm simply explaining the actual way things work in the legal system.

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 7:49:17 PM   
Termyn8or


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Actually I am not so sure that it is illegal. You are on private property, not your's, and a property which is vulnerable to theft. This is just a hunch, but I am not so sure I would pick this fight.

If you come to my house and punch another guest in the nose and I have it on video, is it inadmissable because you, the perpetrator did not authorize the recording ? Poppycock. It ain't like that on the street and it ain't like that in Wally's. Period.

So much for this distraction, back to the regularly scheduled delusion.

T

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 8:21:11 PM   
flcouple2009


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quote:

ORIGINAL: LafayetteLady


quote:

ORIGINAL: flcouple2009

Any reason why you are quibbling over wording?    Yes he said it to inflame a possible jury pool.  Why? because he hopes if he whips them up enough he can get a bigger settlement.  Translation, He wants to get paid.

The higher ups at WalMart are not responsible for what the clown did.  They are however responsible for the consequences of his actions.  So you want to quibble over the wording of ultimately  and totally.

Rather silly isn't it?



Actually, it has nothing to do with a potential jury pool as this case will never see a jury. Attorneys on a case like this don't need to inflame the jury to get their payment. The only thing this case has is the video taping which is not even questionably against the law, it is completely illegal. A couple of the Plaintiffs are also claiming wrongful termination for questioning it which will be difficult to prove and in all liklihood, those losses will be minimal. A Walmart mechanic isn't raking in the big bucks, and I'm sure since this happened last year, they are already re-employed so the only actual losses they can get is for the time out of work which won't cover much, especially since if they collected unemployment, the loss of employment damages are lessened even further.

Most people like to believe that a jury has a whole lot of say in how much to award a Plaintiff. This suit isn't going to be worth millions by any stretch. Because the Defense has already now admitted that the cameras were present, a settlement will be quick. It is unlikely that the Plaintiffs in this case will even get 100K each out of the deal.

The higher ups at Walmart are responsible for everything their employees do while on the job. Walmart is notorious for low pay, long hours and lack of proper training for their employees. Logically, you would think that with all the employment related suits they have that are well founded, they would wake up and make some changes. But even if there was to be a million dollar payment on this case, it is pocket change to this company.

If potential jurors are knowledgable about a case, having read things in the paper or heard about it on the news, they are not going to serve on the jury. So inflamming a potential jury pool is impossible.

It isn't "quibbling" over wording. I'm simply explaining the actual way things work in the legal system.


translation, he is trying to get as big a check as he can, deal with it.

Walmart is not responsible for the man being stupid, they are responsible for the consequences of his stupidity.

And yes the former employees have many things to say because, oh wait, yes they are trying to get as much as they can.  No the suit is not going to be worth anywhere near what they would like it to be, which is why there has been no settlement and why the lawyer has so much to say.  Translation, they all hope they've hit the lotto and want to get paid.

They all want to get paid which is why there is all the lip flapping and moaning. 

You didn't explain anything except that you wanted to quibble.  In a nutshell, the manager was stupid, Walmart will have to pay for his stupidity.  The lawyer is trying to stir the pot as much as he can to get a bigger settlement.  In the end they will be disappointed with the amount but still have some new money in their pocket.  Did I miss anything or would you like to quibble some more?

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 8:21:45 PM   
sub4hire


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I am surprised people did not know walmart videotapes everything.  They have cameras like the CIA would.  So does Target and a few other chains.  Security is as best as it gets.  Hence don't shoplift or do anything you don't want people finding out about in these stores.  

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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/26/2009 8:26:46 PM   
LafayetteLady


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quote:

ORIGINAL: Termyn8or

Actually I am not so sure that it is illegal. You are on private property, not your's, and a property which is vulnerable to theft. This is just a hunch, but I am not so sure I would pick this fight.

If you come to my house and punch another guest in the nose and I have it on video, is it inadmissable because you, the perpetrator did not authorize the recording ? Poppycock. It ain't like that on the street and it ain't like that in Wally's. Period.

So much for this distraction, back to the regularly scheduled delusion.

T


First of all, it is specifically because it is a bathroom/changing room that makes it illegal. Throughout the whole store, at the register, in the parking lot? Completely legit, although it is not permitted to have sound. In a place where people will be in any form of undress? Totally illegal.

Your example of the fight in your house has other variables. Was it a hidden camera? Or were you filming the party when it happened? Did it happen in the bathroom? The key to the whole case is not that the camera was there to prevent theft, but that the camera was in a room where people will likely be semi nude doing private things. Your example involves a criminal act. Evidence that is admissible in a criminal action is different from those in a civil suit.

By the way if you did have a hidden camera in your bathroom where you caught your guests having a scuffle, you could find yourself on the defense end of illegally filming them in your bathroom.

Doesn't matter if you think it is poppycock. The Walmart employee broke the law and violated the employees civil rights, the employee and Walmart as his employer will be held accountable. Also Walmart doesn't exactly qualify as "private property."


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RE: Suit: Wal-Mart secretly videotaped bathroom - 12/27/2009 11:30:13 AM   
rockspider


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quote:

ORIGINAL: AnimusRex

I am never having sex in a public restroom again.

Or at least without checking for cameras.





P.S. Or at least without making sure my hair is combed and I get my good side in view.



P.P.S. Oh, and asking for residuals in case it goes viral on Youtube.

That is humour when it is best.

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