Woman murdered at work, her family denied benefits

[ColbertWatcher]

Family Fights 'Ridiculous' Benefit Denial
Dollar Tree Says No Payout for Murdered Worker Because Crime Was Racially Motivated
By SARAH NETTER

Nov. 25, 2008—

California law states an employer must pay death benefits if the employee was killed on the job and if the death was a result of the person's employment, said Moira Stagliano of Boxer & Gerson in Oakland, Calif., who is Frazier's attorney.

But the law also allows benefits to be denied if the death stemmed from a personal connection between the victim and the attacker, such as a husband who kills his wife on company grounds.

According to Stagliano, the benefits were denied on the basis that the suspect in Talley's slaying, 45-year-old Tommy Thompson, allegedly made the relationship with Talley personal by choosing to attack her specifically based on the color of her skin.

Thompson and Talley had no previous known interaction with each other.

--http://abcnews.go.com/print?id=6324068">ABC News

"Frazier" is Carol Frazier, the mother of the victim, Taneka Talley.

I only get to copy/paste four paragraphs, please click on the link and read the rest of the sick story.

[qanda]

1. I think that company needs the internet treatment

It might get shamed into doing the right thing. We need all the contact information. I'll start my emailing and calling on Friday.

[barbtries]

8. contact info from their website:

http://www.dollartree.com/comment.cfm

my message:
until you reverse your decision to deny the family of Taneka Talley their benefits stemming from her murder by a total stranger in your store, you will not have my business. how could you?

[Kind of Blue]

11. Thanks for the link. I'm so upset I can barely type.

[AirmensMom]

13. Thanks for the link.

Just left a message myself.

[FloridaJudy]

31. Thanks

I've let them know exactly how I feel about their unconscionable decision.

[ColbertWatcher]

36. Thank you for posting this! n/t

[qanda]

46. Many thanks

I'm going to send them a little note and pass on this info to my email list.

[charlie]

2. Wow, are they ever tone-deaf to what they're saying

She was "working while black", so they have no obligation for her welfare.

Good luck, Dollar Tree. Hope the pittance you saved is worth the shitstorm you'll be enduring.

[JDwho]

3. Dupe

[JDwho]

4. Dollar Tree just lost my business, and anyone else I can talk out of shopping there!

Shame on them...

[Kind of Blue]

10. Lost mine too. One just opened in my town. Haven't shopped

at that one and will not shop at any other from now on. Think I'm gonna send a letter to this local store explaining just why, and that I will alert others in town to do the same.

[JDwho]

12. I'll follow your lead with a letter or ten, as well. This is BS.

[GreenPartyVoter]

30. Dang! I liked shopping there but this is just not right

[tavalon]

5. Let's get this on the greatest page and come Friday, it's time to give Dollar Tree much grief

[Pushed To The Left]

6. K&R. Dollar Tree definitely needs to be shamed for doing this.

[barbtries]

7. and to think

i used to shop at that store. not any more, unless and until they reverse this decision. the fact that someone would even think of such a specious basis for denial and get it this far - it has to be reversed - proves that we still have a long ways to go in this country.

personal relationship? she was murdered by a total stranger. and the man should definitely be charged with a hate crime and should never see the light of day again in this lifetime.

[POAS]

9. The lawyers fees have got to exceed

the death benefit.

Another typical corporate boardroom mismanagement.

The bad press they are now getting will cost them dearly, I'm sure.

[eilen]

14. Dollar Tree never got my business

to begin with as they fill their store with cheap outsourced crap.

[proud2BlibKansan]

33. Oh I love Dollar Tree

I am a teacher who has to buy all my own supplies. Dollar Tree is a godsend.

This story really upsets me. I will definitely be contacting the company.

[musical_soul]

34. Dollar Tree should be called the penny tree....

because their junk isn't worth a dime most of the time. I don't think I'll have a problem with a little boycott.

[Kalyke]

15. They want to say that was personal?

Well, we can get "personal" with their Board of Directors.

Here they are: http://investing.businessweek.com/research/stocks/people/board.asp?symbol=DLTR.O

Macon Brock Jr., Co-Founder and Chairman of the Board
Bob Sasser, President and Director
J. Perry, Co-Founder and Chairman Emeritus of the Board
H. Compton, Director and Member of Nominating & Corporate Governance Committee
Thomas Saunders III, Goode Partners LLC
Alan Wurtzel, NBC Universal, Inc.
Eileen Scott, Dollar Tree Inc.
Richard Lesser, Marshalls Of MA, Inc.
Thomas Whiddon, Berkshire Partners, LLC
Mary Citrino, The Blackstone Group
James Compton, Dollar Tree Inc.
Carl Zeithaml, Dollar Tree Inc.
Lemuel Lewis, Markel Corp.
Arnold Barron, The TJX Companies, Inc.

{P.S. There is a member on the board from Berkshire? I think contacting Warren Buffett might be a good idea, too)

[Pale Blue Dot]

16. Contact info:

http://www.dollartree.com/comment.cfm

[Caretha]

17. My email

I certainly hope what I read from ABC News regarding your refusal to pay death benefits to Ms. Talley's family is incorrect. If I do not hear/read anything contrary to this incident about denying her family death benefits, I will never shop in one of your stores again, and I will repeat this story ad nausem to all my family, friends & acquaintances. I'm sure they will agree with me whole heartedly. BTW, incase you were wondering, there are many other retail outlets that provide the same goods at the same cost. You are easily replaced.

Have you no shame?

[drm604]

18. I would think that the family can easily win this in court.

The argument that this was personal is ridiculous.

[LisaL]

19. Going to court could be expensive and might take a long time.

The family shouldn't have to do that for something so obvious-there was no personal connection between this woman and the man accused of killing her.
The argument put forward to deny paying benefits makes no sense.

[drm604]

20. Hopefully they can also sue for their legal expenses. n/t

[Solon]

21. If the article is accurate, this is the type of case lawyers dream about, and it won't cost the...

family a penny in legal costs. The lawyer will sign up for a percentage of the winnings, and incur legal costs themselves. It may still take a long time, however, it also can include a significant payoff as well.

[LisaL]

28. The whole amount of benefits is 250,000 $.

So if the lawyer gets a percentage of the winnings, the family will get less money than 250,000$ they are supposed to be getting.

[Duncan Grant]

22. Let's not ignore the Gray & Prouty Law Firm who represent Dollar Tree:

From the article: "...the law firm Gray & Prouty wrote that Talley's stabbing was 'purely racially motivated. As such, it is our belief that our denial in this matter is proper.'"

Gray & Prouty
San Francisco
1001 Bayhill Drive, #286
San Bruno, CA 94066

tel [phone]
fax [phone]
[e-mail]

PARTNERS:
C. KEMPTON LETTS
TRACY STURTEVANT

APPEARANCES:
San Francisco - Oakland - San Jose - Santa Cruz - Santa Rosa

http://www.grayandprouty.com/index.php

[Behind the Aegis]

23. That is fucking twisted!

I would think this would be a prime example of law going amok. This story is so sick!

[AZBlue]

24. What morons - do they not understand the definiton of "personal relationship"?

I smell a large and successful lawsuit!

[MadMaddie]

25. Done

Subject: She is dead and it's your fault
<snip>
Because of the fact you did not protect your employee she is dead. And now you deny the family of Taneka Talley their benefits stemming from her murder by a total stranger in your store.

My goal is to make sure that anyone that thinks about shopping in your stores knows what you have done to this family.
<snip>

Bastards.

[kcass1954]

38. I borrowed your subject line.

Let me get this straight... Taneka Talley shows up for work at one of your stores, and while there, she is killed by someone she does not know. And this absolves you of your responsibility to pay benefits to her family? In the long run, it would be much less expensive for you to just pay the darned benefits. I intend to tell everyone I know about this incident and how you treat employees.

[Dinger]

26. They' Be Hearing From Me,

and many more.

[varelse]

27. This is appalling

Just sick. I'm going to make sure everyone I know reads that article.

[McCamy Taylor]

29. This is legal stalling. A jury would slam them for it. Unfortunately, a judge will simply

rule against them---two or three years from now. In the meantime, the dead woman's family may take the reduced offer if they are desperate for the money, which is what this is all about.

I would say that it is time for a nationwide picket of Dollar Tree stores.

[Canuckistanian]

32. Done

I hope they're fighting this bad PR for YEARS.

[roguevalley]

35. I sent this to their company. Told them the internet had it and good

luck, they will need it. Perhaps a few more might help. :)

[Pharlo]

37. I think the 'personal relationship' excuse in this particular instance

is a Hail Mary pass by the store. I'm no attorney, but for the life of me, I don't see how they can even HOPE to use this defense. If Mr. Thompson had gone out that morning with the intent purpose of killing Ms Talley, then it would be personal. But 'the first black person he saw' blatantly denotes an impersonal and impartial intent to murder someone based solely on the color of their skin. That is NOT personal. That is just racist. It blatantly states ANY black person would do - not Ms. Talley specifically.

Had he gone out with the intent to kill the first blonde haired, blue eyed caucasion he came across, would the company have tried this 'personal relationship' defense?

[ColbertWatcher]

39. >>>NEW LINK NEEDS YOUR ATTENTION (link inside)<<<

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=7934232&mesg_id=7934232

[theboss]

40. Can someone give me the statute please?

I would like to read it.

[ColbertWatcher]

41. I do not know which statute Dollar Tree is using. n/t

[theboss]

42. Well, that's somewhat important

If I read the statute, I could tell you whose argument appears to be stronger.

Otherwise, I would be engaging in the same emotional reaction as everyone else.

[ColbertWatcher]

44. Here is a link for the California Labor Code ...

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=

[ColbertWatcher]

45. Here is another link to other statues that may be what you're looking for ...

http://www.californiawrongfuldeathlawyer.net/california_wrongful_death_work.asp

The first link in the above article is broken, here is the link to California Labor Code Chapter 3, Section 3600-3605 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=03001-04000&file=3600-3605)

[alfredo]

43. The Hartford was the money behind the anti ERA efforts.

[dems_rightnow]

47. Does California work comp law

award compensation for deaths that occurred on the job, but were unrelated to the job in any way?

If "occurring on the job" is the primary factor, the family will win. If it needs to have a relationship to her work beyond "that's where she happened to be standing", then it might not be so clear.

[ColbertWatcher]

48. Regardless what the law says, the company's lawyers are exploiting a loophole.

While I agree with you that the company should cover her since she was murdered at work, the company is fighting so they won't have to spend any money.

I hope they lose and they're business is ruined by the bad publicity.

[CreekDog]

51. but it's not a loophole

they are claiming it is. big difference.

[populistdriven]

49. emailed, called, flyered local stores & still outraged

[CreekDog]

50. now this calls for a boycott

unless you can reconcile that the money you saved came from this lady's unpaid death benefit.