Hello I live in New York and I was shopping at a retail store in Woodbury Commons and My infant son that was in the stroller and I was harassed and followed out of the store by one of the employees. I left the store and no alarm went off and continued to head to the next store when I was approached by one of the employees, he started asking questions about the jeans then went on to accuse me of having taken the clothes and ask to see what was in my other bags. I continued to walk as he follow me harassing me asking to see what was in my bags he wouldn’t stop following me making a scene and embarrassing me. I then stop and show him that I didn’t have anything from his store in my bag and then he turn around and walk away I was so upset and my son was extremely afraid. What can I do
First let me tell you the law. Negligent or intentional infliction of emotional distress in NY is a very tough thing for which to sue, because it requires that the conduct be such as to shock the conscience. As unfailrly and as badly as you were treated, I don't see it rising to the level of emotional distress.
As to discrimination, you have not included in your posting anything from which one can infer whether there was unlawful discrimination. Discrimination is unlawful if it involves such factors as national origin, skin color, disability, religion, age, and the like. Although people usually think of discrimination in terms of employment, under NY law the law reaches to certain incidents at places of public accommodation, such as stores and restaurants.
Many people complain about harassment, but the conduct involved must fit within another category.
There may be some remedy, but I am not certain that it is a worthwhile expenditure of time or money for either you or for an attorney to actually sue.
If you want to let me know some additional facts, I may be able to be of some help.
Good luck to you.
Not with any success, no. I agree with my colleague that this brief and relatively mild event doesn't rise to the level of anything actionable in terms of emotional distress, and that you haven't mentioned anything discriminatory or harassing, as those terms are used by lawyers.
You may want to report the incident to the store's manager or the home office, but it's not the kind of thing that you could sue over.
Probably nothing as you were on private property and the security people from the stores are allowed to question and detain you if they think you were shoplifting.
