Your question is whether you have a case, meaning can you sue the store for this question. I assume this question comes from California. I am a California attorney and not licensed to practice in any other state. If other people hear the clerk ask you this, it might be a type of defamation the question carries the implication that you are a thief, and saying so while other people hear it could be considered slander. It also might be a type of invasion of privacy, revealing (by implication) your personal information to others who don't have any right to know it. So you might have a case, depending on the facts, and the damages would be determined by the trier of fact the judge or jury if you sue. It seems you were already charged with shoplifting there, and you want to keep shopping there, so I would suggest that you speak to the manager or owner to protest that the clerk asked you this offensive question and demand that it not be repeated. That might do the trick. If you have to sue and have to hire a lawyer to help you, it could get expensive. You might see if you can get a free consultation by a local attorney who handles this kind of case for a second opinion. Good luck.
Answered on Jul 05th, 2016 at 7:09 AM