STRINGER v. WAL-MART STORES, INC.

No. 2001-SC-0262-DG.

151 S.W.3d 781 (2005)

Virginia STRINGER, Reual E. Angel, Donnie H. Brummett, and Tina M. Sparks Appellants, v. WAL-MART STORES, INC., and Anthony Whitaker Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 20, 2005.


Attorney(s) appearing for the Case

Thomas E. Carroll, Carroll Law Offices, Monticello, David Lewis Williams, Burkesville, Jennifer Jordan Hall, Louisville, Counsel for Appellants.

Richard H.C. Clay, Elizabeth U. Mendel, Donna King Perry, Woodward, Hobson & Fulton, Robert I. Cusick, Jr., Virginia Hamilton Snell, Deborah H. Patterson, Wyatt, Tarrant & Combs, Louisville, Counsel for Appellees.

Robert M. Watt, III, Amy Claire Johnson, Stoll, Keenon & Park, LLP, Lexington, Counsel for Amicus Curiae, the Kentucky Chamber of Commerce.


Opinion of the Court by Justice KELLER.

I. INTRODUCTION AND PROCEDURAL BACKGROUND

In June and July, 1995, Appellants, who were employees of a Monticello, Kentucky Wal-Mart, Inc. ("Wal-Mart") store, were terminated for "unauthorized removal of company property" and "violation of company policy" — specifically, for eating "claims candy," i.e., candy from open or torn bags removed from the store's shelves that had been taken to the store's "claims...

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