• Report: #598572

Complaint Review: WalMart

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  • Submitted: Fri, April 30, 2010
  • Updated: Sun, March 25, 2012

  • Reported By: Alice — Owensboro Kentucky United States of America
WalMart
5031 Frederica Street Owensboro, Kentucky United States of America

WalMart Scott Spencer and William Bratcher WalMart Wrongfully Accused Me Of Theft and Now My Life Is Ruined Owensboro, Kentucky

*Consumer Comment: If you want to really help the "kid"...

*General Comment: are you refering to me?

*Consumer Comment: Those darn "load speakers" get you every time..

*General Comment: All I can Say is....

*Consumer Comment: How about this?

*Consumer Comment: Reponse to ramjet..

*Consumer Comment: I don't work for Walmart.

*Consumer Comment: I agree but don't know the solution

*Consumer Comment: I stand corrected..

*Consumer Comment: Yes Ronny ACCURACY

*Consumer Comment: Just reponding

*Consumer Comment: I don't know exactly what thier sales are at..

*Consumer Comment: Walmart sales are up

*Consumer Comment: miss information

*Consumer Comment: research and write an appeal see below

*General Comment: Demand all take lie detector tests

*Consumer Comment: Nope, still don't believe you.

*Consumer Comment: The FBI??

*General Comment: HUH???

*Author of original report: You Have No Clue

*Consumer Comment: Yeah right.

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I worked for WalMart store 0701 for 5 years and when my husband and I had to start missing a lot of time from work due to his mother's terminal illness, the managers started harassing us. We took a leave of absence pursuan to the FMLA (Family Medical Leave Act) and we were threatened with termination. We were even called at home by the district human resource manager who told us if we were not at work that night we would be fired. We took our leave of absence anyway and when we returned to work in December of 2006 we were wrote up but allowed to keep our jobs. We worked through the holidays and in January of 2007, I was called to the office by Scott Spencer and William Bratcher from loss prevention, they accused me of stealing $7500.00 and threatened to fire not only me, but my husband and two of our friends, one of whom worked in the cash office and they said they would accuse her of being an accomplice. I was represented by a public defender who did not do his job properly. He told me to plead guilty, take three years of probation and be done with it. He also told me and my husband who was later fired because he was injured on the job, that no attorney in Kentucky would take on a company like WalMart and it would be a waste of taxpayer's money. I now have a criminal record, I am ordered to pay back money I did not take and no one wants to believe a company would do this to anyone. Why is it so hard to believe a company would be corrupt and unethical. I have been fighting for three years now to clear my name, but no one wants to listen to me, not even the probation officer. I am knocked down at every turn. Now the FBI is investigating because they received an anonymous letter that told them the author of the letter was an accomplice with Scott Spencer and William Bratcher in setting me up. They knew they could not fire me for taking FMLA so they came up with this scheme to fire me. I have evidence to clear my name but no one wants to look at it. My attorney refused to get a copy of my time and attendance and my FMLA papers mysteriously disappeared and Matthew Lincoln swears he never signed them. I do not understand how the legal system can work this way or how WalMart can continue to get away with doing this to people. If they have done it to me, how many more people have they done it to and gotten away with it?

This report was posted on Ripoff Report on 04/30/2010 09:51 AM and is a permanent record located here: http://www.ripoffreport.com/r/WalMart/Owensboro-Kentucky-42301/WalMart-Scott-Spencer-and-William-Bratcher-WalMart-Wrongfully-Accused-Me-Of-Theft-and-Now-598572. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 20Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

If you want to really help the "kid"...

AUTHOR: Ronny g - (USA)

Advise him next time to turn in the card he found instead of trying to use it. Because that is considered a theft. Oh I found your TV in your apt...so I can take it? A*hole.
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#2 General Comment

are you refering to me?

AUTHOR: Akymomof5 - (United States of America)

Sorry just saw tis new post and thought I needed to ask are you refering to me as a LOUD SPEAKER??? yes I am going to post my views for this person. The kid I know was not only fired for using the card to buy a bag of chips and an over priced cold coke but the fact that this town is full of corruption like most small town are. I also know a hard working mother and father who both worked for walmart they did meet there and due to the fact that they worked 12 hour shifts started to spend alot of time together and then went on a few dates and after 3 years of dating which walmart mangers knew about decided to get married only after 5 months of marriage and finding out she was pregnant with a child who was very high risk so she missed several days in her third trimester and one very scary night where her husband missed work too cause they thought she had lost the baby. Walmart brought their relationship to the attention of the distric manger only after this night. She had the baby 3 weeks early and her husband only missed 2 days of work only to come back to find that they had a choice one of them must leave walmart employment. He was a department head and she was just a changeroom/answer the phones clerk due to her preganacy so they decided she should go so she could stay home and take care of their new born with in a month he was charged with failure to catch 5 shoplifters in his department which was switched from household to electronics 2 days after the birth of their premature daughter. Funny he had applied for electronics for 4 years and never got the position but felt it was a step up in pay and a blessing. even more ironic was that 3 of the 5 of the shop lifters were employees of walmart so they nailed the husband with protecting them too. however since she quit (so cant draw unemployment) and he was terminated 2 of those employees hired REAL laywers and they have their jobs back. Of course those two were a top builders son and a city commisioners grand child hmmm So do I think things are stinking a lil here yes do I think this small town protects the higher class yes. just don't judge until u live in anothers shoes

god bless
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#3 Consumer Comment

Those darn "load speakers" get you every time..

AUTHOR: Ronny g - (USA)

Almost as much as waking a report up from the dead.
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#4 General Comment

All I can Say is....

AUTHOR: Akymomof5 - (United States of America)

All I can say is I live in Owensboro, KY and I can see this happen I know a 16 year old who was fired from there cause he found a gift card in a parking lott and used the 1.68 on it. even though the owner tossed it away. Owensboro , Ky is a small town with set ways and not all of them are fair and if you are a puiblic defender here then you are just going through the motions till somthing better comes along. I want to state never had to use one not a druggie like Owensboro Public defenders get off most of the time... not a thief that they get off most of the time but I have been a victem of cc theft and the guy even after being on tape at WALMART spemding my hard earned money got a lsap on the wrist and banned only to hear his name over the load speaker to come pick up his christmas layway the VERY next year. I have gone through the check out lane and over charged only to go straight to customer service to fight it and called a lier and claimed I must have switched the food item and just plain sick of their we can do no wrong isses. Owensbor is a small city and a some one safer location to raise children if not I would be gone.

after all they spend 3 million on scary concrete trees destroyed a landmark hotel and never give thier school employee raises even though they qualify for proverty benifits. Dont judge till you live in this city cause it ia all about who you know and who you golf with. Also I dont' know this person so dont start crap about that just sick of the way stuff happens around this town!!!
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#5 Consumer Comment

How about this?

AUTHOR: I am the law - (USA)

Put your money where your mouth is (instead of your cellmate's junk)!

Sue them for this grave injustice.

Put the docket number and court info here. If you're innocent, I'm sure you'd like to advertise that fact.

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#6 Consumer Comment

Reponse to ramjet..

AUTHOR: Ronny g - (USA)

Well first a response to this report. Anyone who was not involved will not be able to judge this report..it seems crazy but I have heard of worse happening. The biggest issue actually is the public defender requesting you to plead guilty to a crime you claim you didn't commit. I would have NEVER done that..this is not a traffic ticket we are talking about here.

And ramjet..there actually is a solution..but it won't happen. It would be up to the consumers to simply not shop at these giants, and support the local mom and pops.

I understand in a capitalist society we should not limit growth, and I also understand Walmart does hire a lot of people, and that is needed these days, even crappy low paying jobs that subject the employees to abuse.

My parents live in Manhattan and supposedly they will not allow a Walmart to open there..that is the citizens who have decided this. But part of the charm of their neighborhood was all the locally owned stores with that personal touch. So many of those have been closing down and the chains are coming in. Guess it is a sign if the times.

The way I "compete"... ebay. It's the only way anymore for many of us independents. Well that and services. Walmart can not compete in the services field with what they pay. Unless times get so bad it becomes the only place to get a job.
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#7 Consumer Comment

I don't work for Walmart.

AUTHOR: I am the law - (USA)

To Walmart No Satisfaction...

The old "company spotter" excuse, huh?

Just because I never complain about Walmart, you think I work for them? Ok, there's some sound logic. Let me assure you, I don't work for Walmart. I avoid them whenever I can, but on the few times I go there, the biggest problem I've run into is dirty bathrooms and low classed people acting obnoxious.

If you actually took some time to read my rebuttals, you'll see that I don't praise Walmart at all; I merely tell people how stupid they are for their own actions. There's a difference. Here's a few examples:

*The author of this very report claims to be innocent of all these charges, yet had no problem caving in and pleading guilty in a court of law.

*Another author claimed that the laptop that he bought from Walmart "cracked for no reason or through now fault of his own" four months after he bought it, and was whining about how Walmart wouldn't take it back.

*Another person left a bag (or perhaps more) of his stuff on the bag carousel on SIX DIFFERENT OCCASIONS and is actually accusing the store of some sort of corporate conspiracy to rip people off by intentionally hiding the bags on the carousel.

*One lady said her cart tipped over, with her baby in the baby seat, completely on its own. Nevermind the fact that even with a baby flailing around madly, there is no possible way a cart would tip over like that. I've seen obese six year olds in that seat with nothing else in the basket to counterbalance it and nothing happened there. This person also DID NOT TAKE THEIR CHILD TO THE HOSPITAL AND WENT THROUGH THE CHECKOUT LINE NORMALLY.

* Some other lady actually GOT CAUGHT with stolen makeup in her purse, but said she "had no idea how it got in there; some random person must have slipped it in her purse."

So, none of these situations sound even remotely one-sided to you? They don't sound a little fishy? No, of course not. It's just easier to make stuff up and play the victim. Use your head. People are going to lie or leave out details so they look good.

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#8 Consumer Comment

I agree but don't know the solution

AUTHOR: Ramjet - (U.S.A.)

I also bemoan the demise of local stores.  In the neighborhood I live in there were 2 local grocery stores when I was a kid in the 40s and 50s.  They had a personal touch that does not exist anymore.

But, in a capitalist sytem, things like WalMart can and do happen.  What can we do about that? Limit growth? Limit how big you can get? Limit where you can expand?

Those and others seem unconstitutional to me and morals or social responsibility are no where to be seen in industry.

I can't think of any kind of solution but I wish someone could. In the meantime I will not hold my breath. All I can do for my part is to not patronize them.  I doubt if I will have much effect all by myself though :-)

 

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#9 Consumer Comment

I stand corrected..

AUTHOR: Ronny g - (USA)

The stock has dropped around 10 points, not 20. I was not accurate in my last reply because I read the chart wrong. So enjoy your day in the sun.

 And as I stated my reply has nothing to do with the merit of this report. I as well do not want to see them or anyone else go out of business. I also did not like to see all the mom and pops go out of business due to places like Walmart..looking back when I was a kid, it was kind of nice to know the owners of your neighborhood hardware store, drug store, shoe store, electronics store etc..guess those days are gone for many..yeah nicer to see all the 10 dollar an hour jobs. Those people look sooo happy.
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#10 Consumer Comment

Yes Ronny ACCURACY

AUTHOR: Robert - (U.S.A.)

you can see for yourself Walmart stocks have dropped around 20 points since April


Why does it seem that posters are always having to correct you on your "facts".  Once again you see your "facts" to try and bend them to how you think the world should be.  And once again they are PROVEN to be false.  But I do have to give you credit this time.  As you posted a link and didn't just go with the attitude of If someone wants to verify what I am saying they can search it out themselves.


FACT: The 52 Week range of Walmart stock 47.35 - 56.27


Please tell me how in your world a range of 8.92 equals a 20 point drop over a year let alone 2-3 months.


FACT: April 1st it was trading at 55.49, on the 30th it closed at 53.64.  June 25th it closed at 48.80. 


So please tell us how 6.69 is "around" 20 points in your world.


http://finance.yahoo.com/q?s=WMT (They have a very good dynamic graph you can find the close price on for any day).


http://finance.yahoo.com/echarts?s=WMT+Interactive#symbol=WMT;range=3m


Now is the trend down...yes.  But while I am no fan of Walmart either, I do not think that they will be going out of business anytime soon.


The OP lost the credibility of their report when they said that the FBI is investigating the case because they received an anonymous letter 3 years after all of this happened.  I am sorry but I don't see the FBI jumping all over a 3 year old minor theft(yes $7500 is minor in the grand scheme of crimes) from a single anonymous letter.  Now while that could happen,  I think the chances of that actually being the entire truth would be very very very slim.


This has been almost 2 months since the report was originally written, I wonder what the results of the FBI "investigation" turned out to be.

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#11 Consumer Comment

Just reponding

AUTHOR: Ramjet - (U.S.A.)

As usual with these things, it all depends on what source you are reading.


I was just responding to the OP's claim that Walmart's sales are down 20%.


As much as I don't like them, I don't want them to go out of business (I don't think there is any danger of that) because thousands more people would be out of jobs along with many other bad results.  Not good.  Whether we like Walmart or not, it's a VERY successful and legal company. 

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#12 Consumer Comment

I don't know exactly what thier sales are at..

AUTHOR: Ronny g - (USA)

But if you go to any chart analysis site...http://www.investorguide.com/stock.php?ticker=WMT for example

you can see for yourself Walmart stocks have dropped around 20 points since April.

So regardless if sales or up or not, the company on paper seems to be trending in the direction of tank. The deep south.

I am not saying this adds any merit to the report, but facts should be stated with accuracy.


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#13 Consumer Comment

Walmart sales are up

AUTHOR: Ramjet - (U.S.A.)

While I am certainly no fan of Walmart (I think I went to one twice last year), according to CNN Money their earings and sales are up, and definitely not down by 20%.

http://money.cnn.com/2010/05/18/news/companies/Walmart_earnings/

I'd be interested in where you got that figure.  Can you cite a good source?

 

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#14 Consumer Comment

miss information

AUTHOR: WALMART NO SATFACTION - (U.S.A.)

TO IAM THE LAW  every one that read rip off report knows that you work for walmart all readers have to do is look farther into the walmart complaints to see your name  why havent u filed a complaint? just rebuttal? i hear walmarts sales have droped by 20% all i have to say is YEA!!! i have been shopping at walmart starting the 1980s 2 years ago it hit me just dont buy any thing from the cancer. Not from wal mart.com no more tires no drug store no grocerys  and like 2 other reports they do steal your stuff at the check out line and the big shots at walmart know it becouse i called them they do the same thing at the store in Lewisburg wv 24901 you can find everything u need most of the time better if u look why jam up in that place and see what they are going to pull on u its not worth it !!!!! they are not the only one with china junk !!!!!
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#15 Consumer Comment

research and write an appeal see below

AUTHOR: Nathan - (U.S.A.)

 In my state they call public defenders----- Public pretenders. I believe you were a victim of a lack of knowledge concerning your rights.  Kentucky is a state that lacks teaching students about their rights.

 Now for your problem.  You need to investigate, research and read....read...read.

You need to take this back into court.  New evidence means maybe a new trial.

I am not an attorney.  You need to file a motion for post conviction relief.  That guilty plea needs to be withdrawn.  All I can suggest is that you educate yourself and appeal this case.  The internet has a lot of resources.  I believe you have a one time appeal in your state.  Take advantage of it.  Maybe they will appoint counsel.  If not you will have to fight this yourself.  Another option is to have the record expunged.  Petition the court for this as post conviction relief.

You are limited in that the new evidence you have must be brought to the courts attention within a reasonable time.  This is set by state law and case law.  Don't waste time get on this now!!!!

In conclusion,  I know that public pretenders don't tell you the consequences of pleading guilty.  I believe this case involves ineffective counsel.  You should have taken it to jury trial.  They knew they had no case.  They probably told you if you fought this that you would locked up for a long time.

Wrong, the penalty can be no greater if you exercise your right to Jury trial.

A word to anyone in this position,  Take it to jury trial especially if it deals with Walmart.

Go back to the court and read the court rules, Get a copy of how to appeal a conviction

to your Kentucky court of appeals.  Get copies of the transcripts.  Now the transcripts

is whats on record.  You need to use the transcripts and to find an error that the judge

made.  Maybe in your state the judge has to ask you a series of questions in taking your guilty plea.  Research this.  That is your grounds for appeal and new trial.

It hard to prove ineffective counsel.  The good ole boys created a system to protect one another.

Bottomline Start digging into your case.  I can't do more then I told you.  That would be practicing law without a license. I wish you the best.  Get off your glutus maximus and get to work.  I wish you the best

 Good Luck to you

 

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#16 General Comment

Demand all take lie detector tests

AUTHOR: Lnbnaplesflorida - (U.S.A.)

Start off with demanding that all involved, including yourselves, take lie detector tests. 
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#17 Consumer Comment

Nope, still don't believe you.

AUTHOR: I am the law - (USA)

I'm still sticking by my comments.

If you were legitimately innocent and Walmart had no proof of wrong doing, you're not going to be fired, arrested, and stuck with criminal charges. Why didn't you fight it when this whole thing initially started? No evidence, no case.

You're leaving something out of this report.

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#18 Consumer Comment

The FBI??

AUTHOR: Stacey - (U.S.A.)

I think the FBI has more things on their plate than your complaint - I can think for several things ie: Finding wanted criminals, terrorists, cyber crimes

As for the Public Defender - A public defender is a licensed attorney employed by the government to represent those who are charged with a crime and cannot afford to hire a private attorney. Therefore you must have been charged with a crime!

Your story lacks alot of merit

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#19 General Comment

HUH???

AUTHOR: Striderq - (U.S.A.)

This happened 3 years ago and you're just now coming u with the "proof" of your innocence? I would hav thought the time frame for that would have been about 3 years ago before the trial. If your PD recommended pleading guilty and you knew you were innocent, you should have fired them and gotten a continuance to enable you to get legal counsel for the trial. As for proving you didn't steal themoney, it's hard to prove a negative. Also I don't see where anything in your report would place this incident as something the FBI would investigate or care about.

But on the outside chance that your version is completely correct and you are exonerated, I'll take my egg on my face as on omelette.

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#20 Author of original report

You Have No Clue

AUTHOR: Alice - (United States of America)

You have no clue as to what happened to me. If you are the law then you would not talk to someone like this without any facts. I never took any money and I do have evidence. I also never said anything about the police. I said my Public Defender did not represent me correctly and I currently have a new law firm representing me. I also have evidence to prove my innocence. I did in fact take FMLA and I did in fact have a terminally ill mother-in-law who did die three years ago as all of this was going on. I have even been contacted by the FBI about this because they have new evidence which can prove my innocence. Who are you to sit and judge anyone you do not know? Things like this happen everyday in today's society. Look at how many innocent people are in prison for crimes they did not commit. I was in fact set up and when the truth comes out, those who judge me wrongly will be the ones with egg on their faces. You have a right to your opinion, but I also have a right to state what truly happened.
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#21 Consumer Comment

Yeah right.

AUTHOR: I am the law - (USA)

Far be it for me to take up for Walmart, but let me see if I'm hearing this right....

Simply because you took time off to tend to a sick family member, Walmart decided to "get back at you" by accusing you of stealing $7500 and threatening to fire people not even involved in the alleged crime. They have no proof of you doing anything wrong, yet your lawyer said to plead guilty, you agreed to this, and you were convicted of the crime and sent to jail.

Yeah right.

Ever hear of innocent until proven guilty? Ever hear of evidence? You're trying to tell me that Walmart (and the police) would risk a multi-million lawsuit without anything to back up your arrest?

Here's probably what really happened: You wanted to take some time off of work, so you lied and claimed that your husband's mother was ill. Walmart requested proof of the situation to invoke FMLA, but you never responded. Thus, they threatened termination of employment. Disgrunted, you (and possibly some accomplices) decided to lift some money because you knew your job was in jeopardy by your own actions. You got caught and sent to jail like any other criminal.

How's my aim?

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