I will never shop at Wal Mart again, who is with me?
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Re: I will never shop at Wal Mart again, who is with me?
Moral of the story: If you don't like what you get, go to the media. Tell a sad story, be emotional, get press, and get what you want.
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- gtalum
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Now for a real reason to be angry at Wal-Mart:
Feds Sue Wal-Mart Over Airman's Job
Feds Sue Wal-Mart Over Airman's Job
ORLANDO, Fla. (AP) — The Department of Justice has sued Wal-Mart Stores Inc. on behalf of a former airman, claiming the company didn't give him his job back after he was discharged from the military, the department announced Monday.
The lawsuit on behalf of Sean Thornton, a former airman with the United States Air Force, alleges Wal-Mart violated the Uniformed Services Employment and Reemployment Rights Act of 1994 by failing to reinstate him as a cashier at an Orange City store after he was discharged.
The act requires that workers who leave their jobs to serve in the military be given their job back when they return, the statement said.
"No person should be disadvantaged in the workplace for serving our country in the military," Acting Assistant Attorney General for the Civil Rights Division Grace Chung Becker said in the justice department statement.
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Re: I will never shop at Wal Mart again, who is with me?
Oh yes indeed GT - that is def a reason to be angry with WalMart 

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Re: I will never shop at Wal Mart again, who is with me?
You've gotta be kidding me, all of this has happened recently.
1. A ligitimate but immoral lawsuit
2. A stupid lawsuit (rights to the yellow smiley face)
3. More employee mistreatment.
Yet another reason I shop at Target.
1. A ligitimate but immoral lawsuit
2. A stupid lawsuit (rights to the yellow smiley face)
3. More employee mistreatment.
Yet another reason I shop at Target.
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Re: I will never shop at Wal Mart again, who is with me?
Wal-Mart backed off the reward after they won in court. I wonder why they bothered to begin with. Sounds like a case of cut and run.
As for firing a soldier, that is against the law. Personally I prefer Sam's Club because it is not crowded and I have nostalgia for it. Going into Wal-Mart is like the movie Idiocracy.

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Re: I will never shop at Wal Mart again, who is with me?
sunny wrote:
Main Entry: 1con·tract
Pronunciation: \ˈkän-ˌtrakt\
Function: noun
1 a: a binding agreement between two or more persons or parties; especially : one legally enforceable b: a business arrangement for the supply of goods or services at a fixed price <make parts on contract> c: the act of marriage or an agreement to marry.
My health insurance contract clearly states that they are entitled to reimbursement of any and all medical costs if a third party is responsible.
No contract is foolproof and there will be loopholes.
http://en.wikipedia.org/wiki/Contract
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Re: I will never shop at Wal Mart again, who is with me?
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Last edited by sunny on Thu Apr 03, 2008 8:00 am, edited 1 time in total.
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Re: I will never shop at Wal Mart again, who is with me?
sunny wrote:Ptarmigan wrote:sunny wrote:
Main Entry: 1con·tract
Pronunciation: \ˈkän-ˌtrakt\
Function: noun
1 a: a binding agreement between two or more persons or parties; especially : one legally enforceable b: a business arrangement for the supply of goods or services at a fixed price <make parts on contract> c: the act of marriage or an agreement to marry.
My health insurance contract clearly states that they are entitled to reimbursement of any and all medical costs if a third party is responsible.
No contract is foolproof and there will be loopholes.
http://en.wikipedia.org/wiki/Contract
lol I'll be sure to let my corporate attorneys who draw up contracts on a regular basis know this

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- gtalum
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Re: I will never shop at Wal Mart again, who is with me?
sunny wrote:lol I'll be sure to let my corporate attorneys who draw up contracts on a regular basis know thisContract ARE legally binding - so I'm not sure where you are going with this. That is why people sue for breach of contract regularaly. Now........................terms of contracts can be NEGOTIATED if both parties agree. But to say no contract is foolproof, that is an incorrect statement.
Contracts are legally binding, but they always have loopholes. Also, if one side fails to do its duty, they contract is null and void. There are plenty of ways to get out of contracts, you just have to be creative.
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Re: I will never shop at Wal Mart again, who is with me?
gtalum wrote: Also, if one side fails to do its duty, they contract is null and void.
That is where 'breach of contract' comes in! I'm sure there are contracts drawn up that can be gotten around, but not the ones I am used to and yes that does include contracts for major insurance carriers. Otherwise what would be the use of a contract if no one is going to honor their side of them?
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Re: I will never shop at Wal Mart again, who is with me?
sunny wrote:Otherwise what would be the use of a contract if no one is going to honor their side of them?
To keep lawyers employed.

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Re: I will never shop at Wal Mart again, who is with me?
gtalum wrote:sunny wrote:Otherwise what would be the use of a contract if no one is going to honor their side of them?
To keep lawyers employed.
Which includes DEFENDING the contracts. You are a smart man GT, you know this.
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Re: I will never shop at Wal Mart again, who is with me?
sunny wrote:You are a smart man GT, you know this.
I like to think so, anyway.

I have just seen too many contracts broken to think that there is such a thing as a foolproof contract. I also have had a lot of good luck getting companies to do things that up front they would swear are not allowed in the contract. No contract is foolproof.
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Re: I will never shop at Wal Mart again, who is with me?
gtalum wrote: I also have had a lot of good luck getting companies to do things that up front they would swear are not allowed in the contract.
So you NEGOTIATED the terms of your contract - that is not unheard of! It happens quite often. But what if you tried to BREAK your contract? You could well find yourself in a court room.
gtalum wrote:
No contract is foolproof.
I've known a few people who thought this way and found out otherwise.
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Re: I will never shop at Wal Mart again, who is with me?
sunny wrote:So you NEGOTIATED the terms of your contract - that is not unheard of! It happens quite often. But what if you tried to BREAK your contract? You could well find yourself in a court room.
Oh I've been in the courtroom. Generally when I go to court I win, though. It probably helps that my wife is a very good attorney.

I've known a few people who thought this way and found out otherwise.
They didn't have a good enough attorney.

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Re: I will never shop at Wal Mart again, who is with me?
gtalum wrote:
Oh I've been in the courtroom. Generally when I go to court I win, though. It probably helps that my wife is a very good attorney.
That's nice to hear
gtalum wrote:They didn't have a good enough attorney.
Or perhaps the company(s) had excellent attornies in knowing the contract was fool-proof

We can go round and round about this. Bottom line is if you sign a legitimate contract and the other person wants to hold you to all terms and conditions, you are going to have one hell of a time getting out of it or pay some pretty stiff penalties. And if you think that doesn't happen the only person you are fooling is yourself

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Though not a lawyer, I have a lot of experience with construction contracts.
Most contracts have a severability clause that in case one provision is invalid, the rest remain in force.
Construction Contracts especially are hard to make ironclad - by that I mean, able to cover every situation that will come up during construction. There's always unforeseen or changing conditons. We always build contingencies into projects to cover them.
Most of the time a party will not create a blatant breach of the contract. Usually it's small nickel and dime stuff that the other party may complain about, but not rising to the level that would justify legal expenses. It costs money to go to court to defend a contract. Often times the aggrieved party must decide whether it is worth the cost to try to recover the damages. Just because you can enforce something under the contract, it doesn't mean that you want to do it. It's usually seen as a last resort.
What most often works the best is to take the attitude that there's going to be give and take - especially for construction contracts. If you get a contractor who you can work with, you can save a lot of problems and avoid amendments.
Most contracts have a severability clause that in case one provision is invalid, the rest remain in force.
Construction Contracts especially are hard to make ironclad - by that I mean, able to cover every situation that will come up during construction. There's always unforeseen or changing conditons. We always build contingencies into projects to cover them.
Most of the time a party will not create a blatant breach of the contract. Usually it's small nickel and dime stuff that the other party may complain about, but not rising to the level that would justify legal expenses. It costs money to go to court to defend a contract. Often times the aggrieved party must decide whether it is worth the cost to try to recover the damages. Just because you can enforce something under the contract, it doesn't mean that you want to do it. It's usually seen as a last resort.
What most often works the best is to take the attitude that there's going to be give and take - especially for construction contracts. If you get a contractor who you can work with, you can save a lot of problems and avoid amendments.
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Re: I will never shop at Wal Mart again, who is with me?
sunny wrote:gtalum wrote:
Oh I've been in the courtroom. Generally when I go to court I win, though. It probably helps that my wife is a very good attorney.
That's nice to heargtalum wrote:They didn't have a good enough attorney.
Or perhaps the company(s) had excellent attornies in knowing the contract was fool-proof
We can go round and round about this. Bottom line is if you sign a legitimate contract and the other person wants to hold you to all terms and conditions, you are going to have one hell of a time getting out of it or pay some pretty stiff penalties. And if you think that doesn't happen the only person you are fooling is yourself
I agree with both of you. By a legitimate, I assume you mean one that doesn't violate any laws. A lot of it depends on how well the contract is written. I'm sure that there are lots of bad contracts out there. The more complicated they are, the harder it is to make them ironclad. If there are terms that are vague, or not applicable, it can be beaten. Thats where the lawyers come in. I believed that an aggreived party has to prove real damages, and then the award is in line with the actual damages. I don't know about punitive damages or criminal penalties.
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Re: I will never shop at Wal Mart again, who is with me?
coriolis wrote:
I agree with both of you. By a legitimate, I assume you mean one that doesn't violate any laws. A lot of it depends on how well the contract is written. I'm sure that there are lots of bad contracts out there. The more complicated they are, the harder it is to make them ironclad. If there are terms that are vague, or not applicable, it can be beaten. Thats where the lawyers come in. I believed that an aggreived party has to prove real damages, and then the award is in line with the actual damages. I don't know about punitive damages or criminal penalties.
Exactly Ed, it depends on how well written the contract is. You get a shoddy contract and yes you can find away out of it. I guess I'm just used to dealing with the corporate world lol.
But here is another example. My apartment lease, which is essentially a contract. I had neighbor who tried to break his lease and they held him to every last cent, which he had to pay. On the flip side of that lease - during the Katrina evacuation when we were told by our government we could not come home, there was a clause in that same lease that relieved me from my rent for whatever period I was not allowed home. Reason I knew this? One of my attorneys told me. The apartment complex management had no intention of letting the tenants know about this clause (they were going to essentially double dip - they got to collect monies for the tenants not being able to come home AND collect the rent). It wasn't until I approached them about this subject that they then honored it. Needless to say I was very popular with the other tenant’s right then.
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