Several employees of Wal-Mart Stores Inc. (Wal Mart) were involved in physical confrontations with shoplifting customers. Wal-Mart's

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Several employees of Wal-Mart Stores Inc. (Wal Mart) were involved in physical confrontations with shoplifting customers. Wal-Mart's policy requires employees to disengage and withdraw from potentially violent situations. The first incident involved plaintiffs Derek Holt and Eric Hunter, who were employed at Wal-Mart's West Valley City, Utah, store. Holt and Hunter confronted a shoplifter. When the shoplifter tried to run away, they grabbed her arms. During the ensuing struggle, the shoplifter pulled out a small pocketknife and shouted that she was going to stab Holt and Hunter if they did not let go. Holt and Hunter maintained their hold, however, and a customer helped pry the knife out of the shoplifter's hand. Wal-Mart terminated Holt's and Hunter's employment for violating the policy. The second incident involved plaintiffs Shawn Ray, Lori Poulsen, and Gabriel Stewart, who were employed at Wal-Mart's Layton, Utah, store. Several employees at that store, including Ray and Poulsen, approached a customer who was attempting to steal a laptop by concealing it in his pants and escorted him to the store's asset protection office, where they were joined by Stewart. There is some discrepancy regarding what happened next. According to Wal Mart, the customer placed the laptop on a desk and stated, "You have your laptop, I am now going to leave, and I have something I am not supposed to have." Poulsen saw the customer move a gun from his back to his coat pocket. A physical struggle ensued, resulting in the Wal-Mart employees pinning the customer against a wall and grabbing the gun. The employees' account of the incident differs somewhat. According to them, after the customer removed the laptop from his pants he said, "I have something I shouldn't have. Don't make me do this!" Poulsen noticed the customer had a gun and yelled "Gun! Hand!" The customer rushed towards the door but then turned and shoved Stewart against the wall and pressed the gun to his back. A skirmish resulted, and the Wal-Mart employees managed to remove the gun from the customer's hands and force him to the ground. Ultimately, Ray, Poulsen, and Stewart were all fired following the incident for violating the policy. The employees sued Wal-Mart in federal district court for wrongful termination, arguing that terminating a person's employment for exercising selfdefense in the workplace violates Utah public policy. Is the right of self-defense a public policy exception to "at will" employment? In other words, were the employees within their rights to defend themselves? Or should Wal-Mart be permitted to terminate the employees for violation of the policy? [Ray v. Wal Mart Stores, Inc., 2015 UT 83 (2015).]

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Dynamic Business Law The Essentials

ISBN: 978-1259917103

4th edition

Authors: Nancy Kubasek, Neil Browne, Daniel Herron

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