WHEELING – A disabled Pennsylvania man says a Walmart employee ridiculed him for his mental and physical health issues.
Jeremy Ritter of West Alexander, Pa., filed his complaint May 17 in Ohio Circuit Court against Walmart Inc. and a Jane Doe employee of the Walmart at the Highlands in Triadelphia. Ritter has various mental and physical health issues that sometimes make conversation problematic, according to the complaint.
Ritter is disabled and receives Social Security Disability benefits. He often stutters or stammers when he speaks, and his speech is slow and deliberate.
Toriseva
“Words matter,” Teresa Toriseva, one of the attorneys representing Ritter, told The West Virginia Record. “Everyone has a right to be free from harassment in their home, their workplace and where they shop, whether through physical conduct or language.
“Mr. Ritter was harassed while trying to legitimately return an item he bought at Walmart. The embarrassment and humiliation he suffered from Walmart is unconscionable. He stands up now in hopes that no one with a disability will be subject to this type of abuse again.”
According to the complaint, Ritter was trying to return an air mattress on October 3, 2021, to the store. An associate told him that because he didn’t have the receipt, she needed his credit or debit card to look up the purchase.
Ritter said he had paid cash for the item and told the associate he thought company policy was to give the customer a gift card if a receipt and/or debit or credit card wasn’t present. The associate told Ritter he was wrong about the policy and that it was left to manager discretion. Then, she said she wasn’t going to approve him getting a gift card, according to the complaint.
According to Walmart’s return policy posted online, showing a valid ID usually is enough for a return to be accepted.
“I am going to be honest with you, I believe you went back and stole the air mattress,” the associate told Ritter, according to the complaint. “I am not sure if you are on drugs or have an alcohol problem, but you can’t return the air mattress. …
“I see you in here all the time wearing your big coat, looking suspicious.”
She also told Ritter he would be prosecuted if he ever returned to the store. He told the associate she would “hear from his attorney.”
“I don’t care,” the associate allegedly told Ritter loudly. “I have tough skin, retard.”
Ritter said he was humiliated and embarrassed by this exchange.
Ritter then called Walmart customer service about the incident. The representative was able to find Ritter’s receipt and emailed him a copy. The receipt showed it was a cash transaction.
On October 4, 2021, Ritter received an email from the Walmart Ethics Department about the incident. Four days later, that investigation was remanded to the Triadelphia store and manager Paul Buncie. Buncie contacted Ritter and asked him to come to the store to speak with him and another manager. Ritter says Buncie offered compensation for what happened to him and even offered him a ride to the store.
“When Mr. Ritter informed Mr. Buncie that he would only meet with him if he brought an attorney Mr. Buncie explained to Mr. Ritter that he would not be able to talk with him further and ended the call,” the complaint states. “Mr. Ritter’s physical and mental health was endangered by the incident.
“Since the incident, Mr. Ritter has had great difficulty returning to any stores or businesses.”
Ritter accuses the defendants of intentional infliction of emotional distress, discrimination and violation of the West Virginia Human Rights Act. He also accuses Walmart of negligent retention, hiring and supervision. He seeks compensatory damages.
He is being represented Toriseva, Josh Miller and Michael Kuhn of Toriseva Law in Wheeling. The case has been assigned to Circuit Judge Michael J. Olejasz.
Ohio Circuit Court case number 22-C-85
