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How Rwo $1.69 Bottles of Orange Juice Cost Dollar General $277K
KFOR ^ | SEPTEMBER 26, 2016

Posted on 09/26/2016 8:02:16 PM PDT by nickcarraway

Two bottles of OJ that retailed for $1.69 at Dollar General will end up costing the chain more than a quarter of a million dollars. That after a diabetic former employee won a lawsuit connected to the juice.

Linda Atkins was working at a Maryville, Tenn., location in the fall of 2011 when she felt a hypoglycemic attack coming on. The main cashier was on break, and so “to avoid leaving the cash register unattended, and for the security of the store,” Atkins grabbed a bottle of OJ from the cooler, drank it, and then paid for it once her blood sugar had stabilized.

WBIR reports the same thing happened again the following January. She was fired for “grazing,” and the Equal Employment Opportunity Commission sued. On Sept. 16 Atkins was awarded $27,565 in back wages and $250,000 in compensatory damages, per an EEOC press release.

The backstory is that Atkins asked her supervisor if she could keep her own juice at the register but was told that violated store policy—except that policy allows exceptions for people with medical needs.

Atkins’ firing was precipitated by a March 2012 “shrinkage” audit to investigate any employee thefts at the store; two employees who admitted to “grazing” pointed out that Atkins had done it as well.

That’s when Atkins was fired, though the auditors were aware of the medical angle and that she had ultimately paid for the drinks. While the jury found Atkins was wrongfully fired and that the Americans with Disabilities Act was violated, it did not find the managers acted with malicious intent, thus there are no punitive damages, reports the Knoxville News Sentinel.


TOPICS: Business/Economy; Food
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1 posted on 09/26/2016 8:02:16 PM PDT by nickcarraway
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To: nickcarraway
the Americans with Disabilities Act was violated

There you go... (thanks George Bush)

2 posted on 09/26/2016 8:06:55 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: nickcarraway

Does “grazing” mean stealing (no reimbursement), or any consuming of merchandise regardless?


3 posted on 09/26/2016 8:07:41 PM PDT by PLMerite (Compromise is Surrender: The Revolution...will not be kind.)
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To: nickcarraway

I can’t tell you how many times, including today, that I’ve gone into a store, usually a grocery store/big box, thirsty from a workout grabbed something drank it as I shopped and paid for the empty bottle/container.

I know it’s probably questionable to do but hell my mom used to take me to the grocery store, give me a box of animal crackers with the string on top to eat as she pushed the cart then paid for the empty or near empty box when we were checking out.

Heck, even when I’ve grabbed a smoothie flavor that was so bad I nearly chucked it in the trash because I didn’t want to finish it I paid for the bottle.


4 posted on 09/26/2016 8:11:12 PM PDT by PittsburghAfterDark (The American media: We do what the Soviet media did without the guns to our head.)
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To: smokingfrog

The backstory is that Atkins asked her supervisor if she could keep her own juice at the register but was told that violated store policy—except that policy allows exceptions for people with medical needs


If she had been allowed to keep her own juice at the register this wouldn’t be an issue. A diabetic with low sugar can go into a coma or death. It can be life threatening.


5 posted on 09/26/2016 8:15:32 PM PDT by mouse1
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To: PittsburghAfterDark

I’ve worked retail. While a grey area most retailers don’t care of a customer grazes while they shop as long as they pay. Employees however must pay for food they want eat before they eat it and have the receipt with said food.


6 posted on 09/26/2016 8:17:38 PM PDT by matt04
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To: PLMerite
Does “grazing” mean stealing (no reimbursement), or any consuming of merchandise regardless?

I always thought it meant people who go through the grocery store, eating a grape here, a self serve bulk food item there.

7 posted on 09/26/2016 8:17:47 PM PDT by fso301
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To: nickcarraway
Shrinkage?!!? They think their problems are internal shrink?!? They fired all the managers down here because the places are firetraps! I mean, someone actually called the fire marshal on them and now they have to send in merchandising squads to work the inventory. Carts of merch everywhere blocking the aisles, employees so lazy McDonalds wouldn't hire them, NOTHING on the shelves where it's supposed to be.....we had the one obese SOB who was so gimpy, he used one of those little golf ball grabbers to front the shelves because he couldn't bend over and his fat gut wedged against his kneecaps. ASSUMING he wasn't standing outside chain smoking. They only have two workers in some stores, and I'm seen way too many times when there's only one register open, and the other minimum wage scab will walk through the store without lifting a finger to even put an effort into front-line assistance, like they're some union slob or something. And DG's prices aren't one smidgen cheaper than Wally World or a dozen other places. Too bad that diabetic clerk didn't sue them into bankruptcy and open up some prime real estate space for a chain that has a clue. DG's are Third World consignment stores. Shitholes.


8 posted on 09/26/2016 8:20:29 PM PDT by Viking2002 (I.......am.......Deplorable!!! Bring me my basket!)
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To: PittsburghAfterDark

I was always under the impression that an item belongs to the store owner until YOU put the money in HIS hand to pay for it.

ONLY then is it yours to do with as you will, and not before.

Doesn’t matter how thirsty or famished someone is - it doesn’t belong to them until it’s paid for.


9 posted on 09/26/2016 8:20:42 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: PLMerite
Stealing.

If you pay for it you are a customer.

Usually there is a policy that you can not check yourself out but in the case of there being only one cashier this policy is usually not considered practical.

Used to work in a convenience store.

10 posted on 09/26/2016 8:21:30 PM PDT by Harmless Teddy Bear (Not a Romantic, not a hero worshiper and stop trying to tug my heartstrings. It tickles!)
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To: NFHale

But I bet when you go to a restaurant, you don’t pay until after you’ve finished eating.


11 posted on 09/26/2016 8:28:13 PM PDT by nickcarraway
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To: NFHale
I take it you've never had an acute, debilitating hypoglycemic episode that comes upon you in seconds. I have. Now mind you place or I'll mind it for you. When it comes to my life vs. your concept of commerce, I'll shove it up your ass when my sugar rebounds enough.


12 posted on 09/26/2016 8:28:25 PM PDT by Viking2002 (I.......am.......Deplorable!!! Bring me my basket!)
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To: NFHale

Oh I’m not disagreeing with you, I’m sure if I got stopped by loss prevention during the act I’d be apologizing profusely regardless of my intent/history of this admittedly bad behavior.


13 posted on 09/26/2016 8:29:57 PM PDT by PittsburghAfterDark (The American media: We do what the Soviet media did without the guns to our head.)
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To: PittsburghAfterDark

I can’t tell you how many times, including today, that I’ve gone into a store, usually a grocery store/big box, thirsty from a workout grabbed something drank it as I shopped and paid for the empty bottle/container.


I see people do that all the time. They even have cup holders built into the shopping cart, so I think stores are just fine with it.


14 posted on 09/26/2016 8:31:46 PM PDT by Flick Lives (TRIGGER WARNING - Posts may require application of sarcasm filter)
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To: Viking2002

Truly sorry for your condition.

You’re right; I have not. But if I did, I’d be sure that I had my medication for it with me at all times.

So lighten up with the threats. You and I are probably on the same page with about 99% of everything else.


15 posted on 09/26/2016 8:34:54 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: nickcarraway

True enough.

It seems a little different when you’re sitting down for a meal, versus walking around a supermarket and chowing down.

Guess it’s up to the store owner, how he or she views it, ultimately.


16 posted on 09/26/2016 8:37:15 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: Viking2002

It wood seem wise too to carry something with you. Stores are not always so handy, even in Metropolis.


17 posted on 09/26/2016 8:38:00 PM PDT by onedoug
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To: PittsburghAfterDark

I wasn’t giving you grief about it, just pointing out how the store owner might see it differently.


18 posted on 09/26/2016 8:40:16 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: nickcarraway

I went to our local DG and there was a family that came in and turned their children loose - they immediately separated in all different directions and rampaged through the store.

In addition to being annoying to other customers like myself, it was dangerous to have kids running around like that handling and dropping everything in sight where people can stumble over the junk or get cut on broken glass or plastic, or get tripped up when kids fly by.

I’ve seen this crap before, it’s usually a case where the parents are either using the kids to distract while the parent[s] shoplift, or the kids shoplift.

The manager was immediately onto them and she and another employee caught up and kept up with the brats and the parents soon got in a huff and left the store with their unruly vermin.

And then they must have complained immediately to DG that the manager acted “like a pervert” to headquarters because the manager got nailed for “following” the kids.

Now if I thought some store manager was in the wrong I’d just quit visiting the store. It’d never occur to me to call corporate headquarters to complain- especially about employees being overprotective. But this family did it so quick it must be a habit for them.

I think they do this to soften the target... complain enough so that the morons at the top crack down on the employees a lot for being too diligent at protecting merchandise, and then eventually steal right in front of them with impugnity because they are now “trained” to look the other way by being punished.

Dollar General’s management at HQ must be on the dull side. There’s a point when “acceptable loss” by ignoring shoplifting rather than chasten shoplifters starts costing you in good customers, rather than mere baubels and trinkets.

Last time I went in the employees let feral brats run loose unhindered. I’d normally linger a bit to see what else is a good buy but with brats screaming and playing tags in the store I just got what I came for and cleared out.


19 posted on 09/26/2016 8:42:58 PM PDT by piasa
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To: Harmless Teddy Bear

Thanks.

My mother was a cashier in a department store and I know they had policies about employees purchasing things when they were working. I can’t remember what they were, but I know they had them.


20 posted on 09/26/2016 8:44:37 PM PDT by PLMerite (Compromise is Surrender: The Revolution...will not be kind.)
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