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Kroger Faces Employee Discrimination Class Action Lawsuit

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Plano, TX: A former employee of Cincinnati-based grocery chain The Kroger Co, has filed a discrimination and harassment lawsuit in federal court based on claims Kroger fired him because of his mental and physical disabilities, and despite his multiple commendations and a successful work history.

Plano resident Karl Tipple, 24, filed the suit on September 5 in the U.S. District Court for the Eastern District of Texas in Plano, case number 4:12-CV-00573, after receiving Right to Sue Letters from the Equal Employment Opportunity Commission and Texas Workforce Commission.

The lawsuit alleges that the manager of Kroger Store 581, located in the 2900 block of Custer Road in Plano, repeatedly harassed Mr. Tipple for more than a year, including referring to Mr. Tipple on numerous occasions as a "f------ retarded idiot" who was "too stupid to live."

Mr. Tipple, who began working at another Kroger location more than six years ago, suffers from an attention-deficit disorder and partial deafness, and has an IQ that allows him to read and write on a third-grade level. He was transferred to Kroger's Custer Road location in November 2010 as an Assistant Bakery Manager, but was quickly demoted to a checker and bagger position and was forced to file multiple grievances to gain full-time employment from his supervisors.

According to the lawsuit, the store manager frequently yelled at Mr. Tipple on the sales floor, forced him to work alone on certain tasks, brought unsubstantiated allegations against him from other employees, and ultimately filed a false customer complaint that was later withdrawn. In addition, the manager confiscated Mr. Tipple's personal cell phone, apparently believing that the phone was being used to document violations of corporate and union policies by the manager and other employees. Until his firing in December 2011, Mr. Tipple served as the youngest elected Steward of the United Food and Commercial Workers Union in Kroger's history.

The plaintiff is represented by the Kendall Law Group.

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Reader Comments

Posted by

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I just left a Kroger on 8/29 at 10:32 pm at 143 McGavock Pike Nashville TN 37214. It was after 10 pm. I simply asked if you were still open as the door didn't open. One of the employees said yes we're still fucking open, didn't the door just fucking open. So I asked if anyone knew his name(of course not) and as I am coming back into the store because I wanted to take a picture of the statement I wrote, the guy I was going to give the statement to is talking to the employee who was clearly on something, so I then asked for a manager and gave him the statement. The manager told me they are union so really nothing he can do but he will bring up in the next union meeting...wow!

Posted by

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I was a rehire at Kroger in Louisville KY I was just fired by text and told off by the manager saying she never liked my moves???? I was not an adult that she should have never gave me a chance . I'm sick last day I worked I was called in to work last Sunday 330 to midnight been in bed sick ever since .

Posted by

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My kid works for Kroger and I have to say they had e foold. He has asbhergers syndrome and his in is off the charts. I have watched how they treat some of those kids especially the ones that have disabilities. My son rarel calls in the first time he was told that was not an option, he had to go to work with a migraine, he has had them since he was 5 or 6. Last week he realized it was the last week t get registered for college so instead of lying and calling in sick he called and told them he would be late, they told him it would be a no call no show (he called 2 hrs before his start time. they said he should have just called in sick, so I said you would rather he lie, well I did not raise my sons to be liars, I raise them to be forth coming. Well, he was sick this week he had a migraine and they told him he would need a doctors note, again he could have lied but i did not raise him that way. Cameron is a good , loyal, reliable worker who loves his job, and is a real pleaseure to the people he comes across but Kroger treats him like a problem my questions is who do I need to talk to, to protect Cameron as he will be starting school soon and he likes his job but i will not let them mistreat him.

Posted by

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The Kroger management in Fort Worth are cruel, horrible inhuman beings. My senior Mother tried to gain employment here. They made fun of her, ridiculed her and did not ever give her a job. They strung her along and pretended to give her a job only to never deliver on it. The secretary in this location played cruel jokes on her lying that she is going to help her and then ignored her like a flake. The Kroger company employment agency used innuendo words like the boss is at a funeral and the password is tombstone. What kind of sick people would treat honest hurting people this way? They are pure evil. I would advise not doing business with this company!

Posted by

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I was an employer with Kroger for 8 years. It would have been 9 in September. I work in the Deli in Denton Texas one night I had the rudest customer ever. he asked me to clean slicer so I did. he walked away. He wanted just one item. I finished his he was gone for a while. well another customer came up and wanted of course the messiest item which is Buffalo chicken the other cutomer came back finally. he didn't even look at the meat. he was looking at the slicer. he insisted to talk to manager. i sad i would redo it for him again. he said rude AND loud voice I want to speak to manager!! I called manager . I did say well i said I guess you want it free. that mad him mad so he called manager and threaten he was gonna call main office etc. finally manger came over i put my fingers together pointing at customer (of course he was turn around talking to manager) like I wanted to shoot him. I also heard them talking. They where standing right there where I can here. he pretty much called me a lair saying all he wanted was for me to clean and he said i didn't do my job. I was furious. my manager said I should have walked away. I was by myself I couldn't. the Manger could have taken him away.

I put in a request to transfer out of the deli to over night stock may 2016. I put on my request I wanted to transfer out due to health and school. a year later nothing. I am not saying I didn't do anything wrong but non of this would have happen if they would have gotten me out of there when I asked.

I am diabetic. I take xanax and lexapro for my panic attacks. I have doctors note. I also know someone who said she has really bad cramps due to a women condition. one of the manager told just take a ansprin.
These managers don't know what they are doing or how to talk to there employees. the pay sucks. we also had three who walked, and one two weeks notice before this happen to me. so now my department is down 5 people. I wish they would do something about pay. that will help.

Posted by

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I live in mesa az. My granddaughter has worked at Frys in coffee shop for a year the mgr told her she had to wear a hairnet along with the cap she has worn since she started she told them she gets bad migranes and couldn't wear one.He told her it was just in her head. She was very upset and in conversations her kept telling her that. She told him she woukd have to put her 2 week notice in of course they don't want that she told him she takes med for them but his coments were as if he didn't care he offered to put her in different dept but if she wanted that she would not have wanted this one. The dept mgr told all emp of coffee shop about hairnets its over so drop it! This is bull.kroger/Frys does not put people in these positions that have that kind of leadership. I worked for Kroger 45 yrs ago I cant belive this. please contact me on how to solve this. My daughter and I are a valued customer at this time. Thank you

Posted by

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I was terminated for doing my job correctly i.e, reporting safety violations. I worked essentially for Kroger. However, not specifically. Kroger contracted my employer Ruan transportation, and Atlas Warehouse to execute transportation and shipping for their products. The unsafe working conditions were blatant and obvious. After hundreds of reports and photographs that were indisputable of many dangerous circumstances to my superiors that were ignored, I reported the situation to OSHA and DOT.

I presently represent myself in this case. Employees of these companies have been manipulated and intimidated by arrogant individuals that are instructed to do so by executive management. Many workers have been seriously injured, and even killed because of this disgusting situation.

I hope to expose these circumstances which includes the government agencies that were designed to protect workers. I urge any individual that has been discriminated by these companies to contact me.

Posted by

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I worked for Kroger/Foods co for 3 years I was fired for sticking up for myself and telling my manager I felt over worked and underpaid. I was scheduled to work bakery department and was being called to check every 5 minutes it's frustrating they are too cheap to schedule enough cashiers they bug everyone from departments who have their own work to do. When I told my Manger I was stressed out from being over worked and under paid he said alot of people would agree with me. I just don't understand why they wouldn't resolve any of it but they don't care about their employees all they care about is their money

Posted by

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So my son Elijah Scott was @ work today and they get to wear jerseys on Sunday. So he decided to wear Colin kaepernick's and a customer complaint so they sent him home to change. I called the mgr and she said its 911 and he's on companies time. I told her it was stupid sending a black kid home. If that was the case then nobody should wear jerseys. Krogers on Derr Rd. Shame on you for not standing up for your employee. You should told your customers to shop somewhere else

Posted by

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I worked for a local Kroger Co. in Huntsville, TX for a little under a year, before they put me on suspension for wrongful reasons not backed by the Union, and then making me not able to work for them at all when they filed false terrorist threats on me that were never proven too be what my intentions were, being a hard working employee who also has had his wages fooled with in past cases.

Posted by

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I work for kroger in cincinnati and I have gotten suspended due to me taking prescription medication for my disability and I put on leave I have done nothing wrong one of the managers was rude with me calling me names so theu took me to get drug tested and we went which I am prescribed medications as of my disability the hr was rude to me I ask them questions theu tell me to shut my mouth and leave there store and don't come back the and not grocery shop basically not aloud there they never called me it's been 3 days they don't want to hear anything I have to say so I want to no if I have a law suit I do have a tear in my foot didn't no about until this weeknd I had to lean back on the wall tey say I was Hugh which I takr medications but I don't take then at work what can I do please help

Posted by

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I was an employee in little rock ark Kroger and I to was fired for the same thing and my treating Doctor even wrote a letter to the manager and I was still fired so I quess it the way the company treats employees with mental issues.

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