Complaint Review: Evans Drug Stores

How can you be sued for slander?? As long as you substantiate anything they can not sue you for slander or libel. Only false or unproven allegations I would think are slanderous.

You did make a veiled threat though Paul.

"telling him that after my experience in the military as an EOD/IED specialist, I was not afraid of him."

What you said could have been construed as a threat. I think you meant it that way but just don't want to own up to it. Pretty much telling you have a bunch of friends that belong to the local gang or something insinuates that you would have them do something.

Also maybe the bookkeeper did not consider the store managers as being sexually harassing. If she did not feel harassed or tell your wife she felt threatened by his statements then your report of 3rd party or sexual harassment is unsubstaniated. I don't recall seeing you say that your wife was asked to report this or that the bookkeeper listed your wife as a witness.

"My wife worked at Evans Drug Stores in Alma and ST. Louis Michigan from June 28, 2006 until June 26, 2007. On June 22, 2007 she witnessed the store manager talking to another female employee when he told the employee 'you need to button your top button because I can't concentrate' While being engrossed in this girl's breasts."

Glad your wife found someplace else that she is happier working.

Steve
Jax, FL

How can you be sued for slander?? As long as you substantiate anything they can not sue you for slander or libel. Only false or unproven allegations I would think are slanderous.

You did make a veiled threat though Paul.

"telling him that after my experience in the military as an EOD/IED specialist, I was not afraid of him."

What you said could have been construed as a threat. I think you meant it that way but just don't want to own up to it. Pretty much telling you have a bunch of friends that belong to the local gang or something insinuates that you would have them do something.

Also maybe the bookkeeper did not consider the store managers as being sexually harassing. If she did not feel harassed or tell your wife she felt threatened by his statements then your report of 3rd party or sexual harassment is unsubstaniated. I don't recall seeing you say that your wife was asked to report this or that the bookkeeper listed your wife as a witness.

"My wife worked at Evans Drug Stores in Alma and ST. Louis Michigan from June 28, 2006 until June 26, 2007. On June 22, 2007 she witnessed the store manager talking to another female employee when he told the employee 'you need to button your top button because I can't concentrate' While being engrossed in this girl's breasts."

Glad your wife found someplace else that she is happier working.

Steve
Jax, FL

How can you be sued for slander?? As long as you substantiate anything they can not sue you for slander or libel. Only false or unproven allegations I would think are slanderous.

You did make a veiled threat though Paul.

"telling him that after my experience in the military as an EOD/IED specialist, I was not afraid of him."

What you said could have been construed as a threat. I think you meant it that way but just don't want to own up to it. Pretty much telling you have a bunch of friends that belong to the local gang or something insinuates that you would have them do something.

Also maybe the bookkeeper did not consider the store managers as being sexually harassing. If she did not feel harassed or tell your wife she felt threatened by his statements then your report of 3rd party or sexual harassment is unsubstaniated. I don't recall seeing you say that your wife was asked to report this or that the bookkeeper listed your wife as a witness.

"My wife worked at Evans Drug Stores in Alma and ST. Louis Michigan from June 28, 2006 until June 26, 2007. On June 22, 2007 she witnessed the store manager talking to another female employee when he told the employee 'you need to button your top button because I can't concentrate' While being engrossed in this girl's breasts."

Glad your wife found someplace else that she is happier working.

Steve
Jax, FL

How can you be sued for slander?? As long as you substantiate anything they can not sue you for slander or libel. Only false or unproven allegations I would think are slanderous.

You did make a veiled threat though Paul.

"telling him that after my experience in the military as an EOD/IED specialist, I was not afraid of him."

What you said could have been construed as a threat. I think you meant it that way but just don't want to own up to it. Pretty much telling you have a bunch of friends that belong to the local gang or something insinuates that you would have them do something.

Also maybe the bookkeeper did not consider the store managers as being sexually harassing. If she did not feel harassed or tell your wife she felt threatened by his statements then your report of 3rd party or sexual harassment is unsubstaniated. I don't recall seeing you say that your wife was asked to report this or that the bookkeeper listed your wife as a witness.

"My wife worked at Evans Drug Stores in Alma and ST. Louis Michigan from June 28, 2006 until June 26, 2007. On June 22, 2007 she witnessed the store manager talking to another female employee when he told the employee 'you need to button your top button because I can't concentrate' While being engrossed in this girl's breasts."

Glad your wife found someplace else that she is happier working.

Steve
Jax, FL

Susan - Show me where I opened myself up for a lawsuit. I don't see it.

You already said enough to open yourself up to a major lawsuit that you will lose.

Let it rest and hope it goes away. Your wife was caught on tape basically stealing. The company wins.

Jim & Tom - Thanks for your input on this matter!! Even though you both sound like you work for them, I have decided to respond.

Tom - I have not, nor will I list the managers name in this report. That would give him basis to sue me and I won't do that. I could of listed his name many times in the past but unless you go to the drugstore and ask his name you won't find it. I will search public records on my own, question is, can I post what I find without being sued? Being that anyone could get the information, is it wrong to post public records I find?

Jim- I know in my heart that you are right, unless you have the money to fight money you won't win. Unless I find something that I can post without getting in trouble, this will probably be my last post. This is not worth getting my blood pressure up over, we both have better jobs now so I suppose it's time to move on knowing that everyone gets judged in the end and must answer without a lawyer by his side, besides my father found out he has cancer so I need to put my time and energy into his well being, screw them.

Anyway's, Thanks for the concern.

I have to agree with the attorney - you really didn't have a chance in the unemployment case. As you already said - you were born poor and you will die poor, but there is no need to become destitute. They have far deeper pockets than you and suing you for $$ you don't have will be for laughs and entertainment on their end. They don't even need to be right. All they need to do is sap you of every resource you have, and that's the end. They already have an attorney started on you and finishing you off will be cheaper than if they had to start from scratch. They may decide to sue you right into the Stone Age at this point - again just for laughs. Does it matter whether you're scared of them? Absolutely not. You ought to ask yourself whether bankruptcy is worth it, because that's the end game for you if you continue with this.

This is over. Yeah, life isn't fair all of the time, but you need to fight battles you can win. This isn't one of them.

Paul - Can you please email me the name of the manager? I have elderly parents who live there in Alma and we were talking about this and they mentioned his name to me but I want to make sure the name is correct before I send you some information that may help you.

So the big babies won their unemployment review , big deal, my wife started working someplace else 12 days later so she wouldn't get unemployment anyway. Now why would you go through this process if you didn't have a d**n thing to gain any which way the judge decided?

Is it to hide wrong doing on your part? This is not over by a long shot.

We had our mediation today and while I cant disclose any of what was said, I am not prohibited from commenting on what was said during the Unemployment Appeal hearing that we had on the 10th of October.

Now I dont know why someone would appeal a case that would cost them nothing either way because my wife started work at a better place only 12 days later, but they did.

They stated that my wife was observed consuming items that she had not paid for on June 13, 2007, yet they kept her on as a cashier until June 26, 2007, 13 days later handling thousands of dollars of their money a day. Their excuse was that they conducted an extensive time consuming search for a receipt and they were giving her the benefit of a doubt during this time period.

This just doesnt make sense and we plan on bringing this up to a jury. When you figure that two people spent an extensive time consuming search for a receipt for $1.68 and these people probably make $25.00 an hour between them, spending just 5 minutes looking for a receipt cost more than the items were worth and if I were a smart business owner, I would question just how much time was spent. I would also question why the worker was left in a position to handle thousands of dollars of my money everyday and why it became a priority to fire her only after she caught the manager in a position he shouldnt of been in.

I would like to take this opportunity to point out that shall this case go to civil court, we are prepared to subpoena all of the involved parties who we believe violated the fraternization policy that is listed on page 4 of their handbook to show that Evans Management selectively enforces the regulations.

I encourage all who read this in the Alma, St. Louis, Shepherd Michigan area to go to the website, michigandrugpricesm to see who has the lowest price before they have their prescriptions filled.

We go to mediation on 10-16 and I would like to know where I can find prior settlements for each each issue we have with these people so I can present it to the owners so we can come up with an amount to ask for. We are not greedy people, we were born poor and will die poor, but then again we can't shoot ourselves in the foot either and ask for a super low amount either.

If anyone know where I can find past award amounts for the following, please let me know.

Hostile Work Environment
Intimidation
Sexual Harassment
Whistleblower Retaliation
Differential Treatment
Unlawful Discharge

Quoted from letter received on 8-27-2007 from Unemployment Insurance Agency.

"Evans Drugs Stores timely requested a redetermination of the determination issued 8/1/07 which ruled no disqualification. Information received reveal you were observed taking items and consuming, without purchasing. However, information does not substanitate the accusation. Therefore, the determination has been affirmed."

The Human Resource woman has already made Third Party Disclosure to other workers of the store, seems that she does not know enough to quit yapping about other people's personnal business.

Tim - Michigan does have laws concerning Differential Treatment and the Civil Rights Commission has picked up the case and we are scheduled for Mediation next month.

Paul, I understand your anger and frustration with this situation completely. However, I doubt that you have any viable legal claims against the former employer.

Here is your statement as to legal claims: "By firing my wife and not the other workers, we believe that my wife received Differential Treatment and have filed a civil rights complaint against the store for that, 3RD party Sexual Harassment, and Retaliation."

You presented three separate complaints, and I will address each in turn.

First: Differential treatment. "Differential Treatment" is an element of a discrimination case, it is not a cause of action in itself. Employers are well within their rights to treat one employee differently from another, so long as the reason for doing so isn't based on race, gender, etc. Also, you cannot file a "civil rights" complaint against a private employer. The term "civil rights" refers to what the government can and cannot do to you, it has no bearing on the actions of people who are not acting on behalf of the government.

Second: Third Party Sexual Harrassment. This is the one claim that you MAY have a solid basis for, but I highly doubt that you would be able to succeed on it. Third party sexual harrassment occurs where employee "A" is treated less favorably than employee "B" because employee "B" submits to sexual harrassment, whereas employee "A" does not. An example of such a case would be where Jill performs sexual favors for the boss and receives a raise, but Jane refuses to perform such favors and thus does not get a raise. This is a VERY difficult charge to prove. I'm not saying that it didn't occur, just that I don't see you succeeding on this claim.

Third: Retaliation. As with differential treatment, retaliation is not itself a claim but, rather, can be an element of a wrongful discharge claim. However, in wrongful discharge cases, the plaintiff will lose nearly all the time because, as long as the employer can show a legitimate reason for the termination, then he is in the clear.

Nonetheless, I urge you to seek whatever legal redress a retained attorney may find appropriate. Given the language in your report, I don't really think that you have consulted with an attorney yet. You should do so.

On a side note, I can't wait for Charles' inevitable, incoherent rambling about why you shouldn't listen to anything I say. To cut him off at the pass, bear in mind that I am an attorney with three years of experience, I graduated in the top ten percent of my class at law school, I have written scholarly articles on employment law, and am considered an expert on the subjects of wrongful termination and employment discrimination. Charles, on the other hand, is a truck driver who likes to use commas in inappropriate places.

Best regards, and remember: I'm not arguing AGAINST you, I'm just trying to clear up some legal misperceptions that you may have. Having been wronged in a moral sense is one thing; proving that you have been wronged in a legal sense is a completely different animal.

Paul, I understand your anger and frustration with this situation completely. However, I doubt that you have any viable legal claims against the former employer.

Here is your statement as to legal claims: "By firing my wife and not the other workers, we believe that my wife received Differential Treatment and have filed a civil rights complaint against the store for that, 3RD party Sexual Harassment, and Retaliation."

You presented three separate complaints, and I will address each in turn.

First: Differential treatment. "Differential Treatment" is an element of a discrimination case, it is not a cause of action in itself. Employers are well within their rights to treat one employee differently from another, so long as the reason for doing so isn't based on race, gender, etc. Also, you cannot file a "civil rights" complaint against a private employer. The term "civil rights" refers to what the government can and cannot do to you, it has no bearing on the actions of people who are not acting on behalf of the government.

Second: Third Party Sexual Harrassment. This is the one claim that you MAY have a solid basis for, but I highly doubt that you would be able to succeed on it. Third party sexual harrassment occurs where employee "A" is treated less favorably than employee "B" because employee "B" submits to sexual harrassment, whereas employee "A" does not. An example of such a case would be where Jill performs sexual favors for the boss and receives a raise, but Jane refuses to perform such favors and thus does not get a raise. This is a VERY difficult charge to prove. I'm not saying that it didn't occur, just that I don't see you succeeding on this claim.

Third: Retaliation. As with differential treatment, retaliation is not itself a claim but, rather, can be an element of a wrongful discharge claim. However, in wrongful discharge cases, the plaintiff will lose nearly all the time because, as long as the employer can show a legitimate reason for the termination, then he is in the clear.

Nonetheless, I urge you to seek whatever legal redress a retained attorney may find appropriate. Given the language in your report, I don't really think that you have consulted with an attorney yet. You should do so.

On a side note, I can't wait for Charles' inevitable, incoherent rambling about why you shouldn't listen to anything I say. To cut him off at the pass, bear in mind that I am an attorney with three years of experience, I graduated in the top ten percent of my class at law school, I have written scholarly articles on employment law, and am considered an expert on the subjects of wrongful termination and employment discrimination. Charles, on the other hand, is a truck driver who likes to use commas in inappropriate places.

Best regards, and remember: I'm not arguing AGAINST you, I'm just trying to clear up some legal misperceptions that you may have. Having been wronged in a moral sense is one thing; proving that you have been wronged in a legal sense is a completely different animal.

Paul, I understand your anger and frustration with this situation completely. However, I doubt that you have any viable legal claims against the former employer.

Here is your statement as to legal claims: "By firing my wife and not the other workers, we believe that my wife received Differential Treatment and have filed a civil rights complaint against the store for that, 3RD party Sexual Harassment, and Retaliation."

You presented three separate complaints, and I will address each in turn.

First: Differential treatment. "Differential Treatment" is an element of a discrimination case, it is not a cause of action in itself. Employers are well within their rights to treat one employee differently from another, so long as the reason for doing so isn't based on race, gender, etc. Also, you cannot file a "civil rights" complaint against a private employer. The term "civil rights" refers to what the government can and cannot do to you, it has no bearing on the actions of people who are not acting on behalf of the government.

Second: Third Party Sexual Harrassment. This is the one claim that you MAY have a solid basis for, but I highly doubt that you would be able to succeed on it. Third party sexual harrassment occurs where employee "A" is treated less favorably than employee "B" because employee "B" submits to sexual harrassment, whereas employee "A" does not. An example of such a case would be where Jill performs sexual favors for the boss and receives a raise, but Jane refuses to perform such favors and thus does not get a raise. This is a VERY difficult charge to prove. I'm not saying that it didn't occur, just that I don't see you succeeding on this claim.

Third: Retaliation. As with differential treatment, retaliation is not itself a claim but, rather, can be an element of a wrongful discharge claim. However, in wrongful discharge cases, the plaintiff will lose nearly all the time because, as long as the employer can show a legitimate reason for the termination, then he is in the clear.

Nonetheless, I urge you to seek whatever legal redress a retained attorney may find appropriate. Given the language in your report, I don't really think that you have consulted with an attorney yet. You should do so.

On a side note, I can't wait for Charles' inevitable, incoherent rambling about why you shouldn't listen to anything I say. To cut him off at the pass, bear in mind that I am an attorney with three years of experience, I graduated in the top ten percent of my class at law school, I have written scholarly articles on employment law, and am considered an expert on the subjects of wrongful termination and employment discrimination. Charles, on the other hand, is a truck driver who likes to use commas in inappropriate places.

Best regards, and remember: I'm not arguing AGAINST you, I'm just trying to clear up some legal misperceptions that you may have. Having been wronged in a moral sense is one thing; proving that you have been wronged in a legal sense is a completely different animal.

Paul, I understand your anger and frustration with this situation completely. However, I doubt that you have any viable legal claims against the former employer.

Here is your statement as to legal claims: "By firing my wife and not the other workers, we believe that my wife received Differential Treatment and have filed a civil rights complaint against the store for that, 3RD party Sexual Harassment, and Retaliation."

You presented three separate complaints, and I will address each in turn.

First: Differential treatment. "Differential Treatment" is an element of a discrimination case, it is not a cause of action in itself. Employers are well within their rights to treat one employee differently from another, so long as the reason for doing so isn't based on race, gender, etc. Also, you cannot file a "civil rights" complaint against a private employer. The term "civil rights" refers to what the government can and cannot do to you, it has no bearing on the actions of people who are not acting on behalf of the government.

Second: Third Party Sexual Harrassment. This is the one claim that you MAY have a solid basis for, but I highly doubt that you would be able to succeed on it. Third party sexual harrassment occurs where employee "A" is treated less favorably than employee "B" because employee "B" submits to sexual harrassment, whereas employee "A" does not. An example of such a case would be where Jill performs sexual favors for the boss and receives a raise, but Jane refuses to perform such favors and thus does not get a raise. This is a VERY difficult charge to prove. I'm not saying that it didn't occur, just that I don't see you succeeding on this claim.

Third: Retaliation. As with differential treatment, retaliation is not itself a claim but, rather, can be an element of a wrongful discharge claim. However, in wrongful discharge cases, the plaintiff will lose nearly all the time because, as long as the employer can show a legitimate reason for the termination, then he is in the clear.

Nonetheless, I urge you to seek whatever legal redress a retained attorney may find appropriate. Given the language in your report, I don't really think that you have consulted with an attorney yet. You should do so.

On a side note, I can't wait for Charles' inevitable, incoherent rambling about why you shouldn't listen to anything I say. To cut him off at the pass, bear in mind that I am an attorney with three years of experience, I graduated in the top ten percent of my class at law school, I have written scholarly articles on employment law, and am considered an expert on the subjects of wrongful termination and employment discrimination. Charles, on the other hand, is a truck driver who likes to use commas in inappropriate places.

Best regards, and remember: I'm not arguing AGAINST you, I'm just trying to clear up some legal misperceptions that you may have. Having been wronged in a moral sense is one thing; proving that you have been wronged in a legal sense is a completely different animal.

We have heard that Evans had the girl that was harassed sign papers twice (the first letter wasn't worded right) stating she was not harassed. I feel that they pressured her into signing these papers saying she would be fired if she didn't sign them and that since they had wrappers that everyone claimed where these girl's, they would call the police and have her arrested.

This girl called my wife from New Mexico, I believe
The manager also made the comment to the other workers that my wife did not work the day that he had harassed this girl and they told him that yes she did and pointed out things that she had said to him that day. You can bet that the video from that day has been deleted so the evidence of him harassing her is gone.

Evans also has a problem with 3rd Party Disclosure when it come to employees personnel finance records. My wife called and asked the HR woman if she would be paid that payday and was told yes that she would be paid and a final check would also be mailed out to her.

My wife received the regular pay by direct deposit and the mailed check on the same day. She cashed the mailed check at a local store and we thought we were done with them , but they stopped payment on the mailed check and now we owe the store we cashed it at.

The HR woman went throughout the whole store and announced to the workers that my wife had been double paid, had cashed the check at the store where she had cashed it and so on. We feel that if the HR manager can announce this to everyone, what keeps any of the employees from disclosing what types of medication their customers are using? Sure they are HIPPA certified but that means nothing because I know that the store manager was not certified and they used to bring drugs to me to be mailed and I was not certified.

I feel that if a store cuts you a final check, they should be smart enough to know how much they owe you, and if they don't and over pay you, that's on them. Since they stopped pay on the check, I will be checking with the IRS and making sure they do not count that money as being paid out.

I.Y.A.A.Y.A.S

There, is one thing u do not know when filing a report here the company u have reported will accuse u of slandering them & will file a defamation lawsuit agaisnt u, I have seen thousands of reports of employers & businesses threatening people.


If, they have nothing to hide why can't they work out the problem besides accusing u of slander I have seen this to many times I don't even listen to them anymore.