Estrada versus Walmart Stores Case Study

Estrada versus Walmart Stores Case Study

Hypothetical Ruling 

In Ms. Estrada’s case against Walmart, she alleges that the company violated her rights as an employee and citizen. Therefore, she bases her claim on three counts of wrongdoing by Walmart. Firstly, she alleges that the company violated her rights by imposing nonconsensual confinement. She also alleges that Walmart had no legal privilege to hold her. Finally, she asserts that her interrogator used coercive means to extract information.

Based on the evidence presented by Ms. Estrada, she qualifies for a claim on the grounds of confinement without consent. Firstly, Walmart’s asset management director (Jason) withholds her without permission (Walsh, 2019). Ms. Estrada was doing her business only to be called to an isolated room to respond to theft allegations. Even if Jason had solid evidence against Estrada, he should have declared the intention of their meeting before taking her to an isolated room. Afterward, Estrada could decide if she was willing to join him in the office or not. Based on that fact, Jason violated Estrada’s privacy rights. Besides, Ball et al. (2012) emphasize the need to be sensitive to one’s sex when such matters arise. Ms. Estrada may claim that she was afraid of being violated when she went to meet Mr. Darham in his office.

Also, Ms. Estrada’s claim for fraud stands. Although Ms. Estrada maintains that she is innocent, she affirms that she believes Mr. Darham acted honestly. Her decision to sign a form obligated her to pay Walmart $900 (Walsh, 2019). Such actions amount to fraud regardless of Walmart’s arguments. No employee should part with a bribe for freedom, whether guilty or not (OECD, 2013). An employer is only allowed to fire and file charges against fraudulent employees.

The Implications of the Court Ruling

The ruling has significant implications on employer versus employee relationships, including privacy and theft issues. Firstly, an employer must define what constitutes theft before engaging an employee (Mitrou & Karyda, 2006). An employment contract will help in that aspect. Clarifying theft will prevent instances where an individual gets the blame for business mistakes. Additionally, the case had an impact on employee monitoring. While employers are allowed to monitor their employees, they ought not to violate their privacy rights.

References

Ball, K., Daniel, E. M., & Stride, C. (2012). Dimensions of employee privacy: an empirical study. Information Technology & People, 25(4), 376–394. https://doi.org/10.1108/09593841211278785

Mitrou, L., & Karyda, M. (2006). Employees’ privacy vs. employers’ security: Can they be balanced? Telematics and Informatics, 23(3), 164-178.

OECD. (2013). ANTI-CORRUPTION COMPLIANCE HANDBOOK FOR BUSINESS. https://www.oecd.org/corruption/Anti-CorruptionEthicsComplianceHandbook.pdf

Walsh, D. J. (2019). Employment Law for Human Resource Practice (6th ed.). Cengage

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Estrada v. Wal-Mart Stores Case StudyUnit 7 DB: Estrada v. Wal-Mart Stores Case Study
The Estrada v. Wal-Mart Stores case study illustrates that if interrogations are not conducted carefully, they can lead to many legal problems. In this case, the court must decide whether Wal-Mart management improperly interviewed and interrogated an employee accused or suspected of wrongdoing. After reading this case study found in Chapter 15 of your textbook, address the following:

Estrada versus Walmart Stores Case Study

Based on the evidence presented, how would you have ruled in this case? What specific evidence presented in the case study influences your ruling? In crafting your response, consider the application of proper investigative procedures to this ruling.
Turning to the court’s ruling, what is the legal significance of this case as it relates to investigations and your HR practice?
Evidence is an integral part of academic writing and critical thinking. When crafting your responses, please be sure to use the textbook and resources, as well as any outside research you might conduct, to support your statements.
In response to your peers: Evaluate your classmate(s) “ruling” as to whether proper investigative procedures were followed in this case study. What are the strengths and weaknesses of their argument?