Wal-Mart’s Letter to the Shank Family

</i>...but the company shouldn’t need to be publicly shamed in order to do the right thing.</i>

Don’t you mean “publicly bullied”, Mr. G???

bbrd,

Isn’t it strange, that only the “Deep Pockets” entity was the target of the ‘shame tactic’!!  What shame was put upon the trucking company and it’s driver (the one who caused this situation, the trucking company’s insurance company, or the Shanks lawyers? 

“To do the right thing”, in this case, means to disregard ‘normal’ practice and treat this case, in a manner not given to other people, and contrary to the ‘rule of law’!!  Therefore, will the next subrogation case in this country have to be forgiven as well, and every one thereafter, lest we get cries of “Unfair”?  Or, will this only happen in ‘Deep Pockets’ claims!!

Here is a copy of the letter(courtesy Wake Up Walmart) that was written BY WalMart associates TO Lee Scott:-------------------------------------------------------------------------------------Dear H. Lee Scott,

As Wal-Mart employees, we write to you today in support of one of our own, Debbie Shank. As you surely know, Debbie was a Wal-Mart associate, whose life took a tragic turn for the worse when a tractor trailer struck her minivan in 2000, leaving her with permanent brain damage. Two years after this heartbreaking tragedy, Debbie was awarded a comparatively small sum of money to cover the cost of her medical care
for the rest of her life.

Even with a nearly one million dollar settlement, Debbie’s family has been unable to move forward in the eight years since this terrible tragedy, and our company, Wal-Mart, is largely to blame. Under your direction, Wal-Mart has inexplicably gone to court to claim a right to Debbie’s settlement money. Even worse, you are doing it in our name.

As Wal-Mart employees, we understand that the fine print of the Wal-Mart healthcare and benefits contract gives the company the right to claim money from a settlement like Debbie’s to cover expenses already incurred by Wal-Mart’s health care plan. However, we believe Wal-Mart, as America’s largest employer and a company built on Sam Walton’s belief of “respect for the individual,” has an obligation to do better. The
extraordinary circumstances of Debbie’s case, coupled with the extraordinary profits earned by this company, would justify Wal-Mart overlooking what it is “owed” by virtue of fine print.

Our purpose in writing today is to ask you to give up your claim to Debbie’s settlement and allow the Shank family to heal. In addition, we would ask that Wal-Mart cease using us, Wal-Mart associates, as an excuse for your actions against the Shank family. We specifically refer to shameful quotes by Wal-Mart spokesman John Simley, who said
Wal-Mart’s lawsuits were brought “out of fairness to all associates.”

With all due respect, “fairness to all associates” is an ill-fitting veil designed to cover the true motivation of Wal-mart on this issue. We, the associates below, believe that if anything, Wal-Mart is on the wrong side of “fair.” In fact, if we were in your position, we would drop this terrible legal claim and stop prolonging the Shank family’s
tragedy.

In closing, we hope you will reconsider your actions and allow the Shank
family to heal.

Here’s the earlier portion of the Wake-Up Wal Mart release:----------------------------------------------------------------------------------WAL-MART ASSOCIATES CALL ON LEE SCOTT TO DO THE RIGHT THING IN DEBBIE SHANK CASE

“Not in Our Name,” Say More Than 450 Current and Former Wal-Mart Workers

Washington, DC – More than 450 Wal-Mart associates have signed a letter, calling on the CEO of the world’s largest retailer to do the right thing, and stop going after nearly half a million dollars from a severely disabled former associate. [FULL TEXT BELOW] (That’s the letter above)

When Debbie Shank, a night stocker at a Wal-Mart store in St. Louis, was struck by a tractor trailer in 2000, her Wal-Mart health insurance covered approximately $470,000 in medical bills. Her family settled with the trucking company, and $417,000 was put into a trust for Shank’s lifetime care. Now, Wal-Mart has sued the Shanks to recover nearly half a million dollars.

Hundreds of the company’s 1.3 million American employees have spoken out on wakeupwalmart.com.

A.E writes: “Do not include me as one of ‘fairness to all associates’. I think, and I have spoken to other associates who think like me, that you are being very unfair and very mean-spirited.”

S.W. writes: “They tell [the associates] we have true ‘catastrophic’ health insurance NOT really as expensive as it seems—they say—since we pay just a bit extra so that those (few) who would otherwise exceed the typical $1 million lifetime cap are taken care of. We supposedly have the ‘security’ of knowing we are covered for the big, long haul if/when needed… ‘We take care of our own’...you are part of the
‘Wal-Mart family’ & all that. Maybe that was once true, but it is not Sam Walton’s Wal-Mart any more!”

To read the other comments, and view new video of Sam Walton, Lee Scott, and other Wal-Mart executives espousing the importance of “doing the right thing,” visit http://www.wakeupwalmart.com/feature/debbie_shank/

I look forward, very soon, to another story here, about the ‘associates’ complaining that their insurance premiums are being raised!!  Wonder how many of those 450+, will be among those complaining?  And, who will they blame, why Wal-Mart of course!!

There has been talk about boycotts here, here’s another great idea:  On Monday, April 4th, ALL ‘associates’, who are unhappy with their jobs and think they are being screwed by Wal-Mart, should walk up to their managers and say these two words, “I QUIT”!!  Think how that will bring them to their knees, when almost all of their employees quit on the same day!!

Sorry, that should have been Monday, April 7th!!

RDS: Only YOU could “look forward” to seeing these hardworking people possibly pay more for health premiums! (Which is doubtful).You are one sick twist-is there a policy that covers terminal and sadistic selfishness?

“ALL ‘associates’, who are unhappy with their jobs and think they are being screwed by Wal-Mart, should walk up to their managers and say these two words, “I QUIT”!!  Think how that will bring them to their knees, when almost all of their employees quit on the same day!!” --RDS

As ddrb tried to tell you RDS, you are one twisted fuk!

How long did it take you to come up with your latest hallucination?  I’m anxiously waiting for you to provide us all with irrefutable proof of this huge increase in insurance premiums for Wal-Mart Associates. 

Like most of your posts, this is just speculation on your part.  So until this actually happens, shut your piehole!
Wonder how many of those 450+ think you’re a horse’s ass?

RDS IS HITTING THE BOTTLE AGAIN. THE SHILL.

ddrb & A Trucker,

I don’t know, maybe it’s a difference of where we went to school!!  But, it seems to me, that when $417,000.00 disappears from a fund, somehow, it has to be replaced to get back on track!!  Now, unlike YOU TWO, I don’t believe in The Money Fairy coming in the night and replacing it or the money ‘falling from the sky’ or picking it off the ‘money tree’ in the back yard!!  I may be wrong, but somehow, I think that the employees will have to replace it, by either lower insurance claims or higher premiums!!

And, if a person truly HATES their job to the point that they tell others NOT to shop where they work, they might just as well quit, because they will soon be losing their jobs, because of lack of customers!!

Besides, isn’t that the tactic used by unions, ‘walking off the job’?  Why is it ‘twisted’ when I say it, but, ‘sound advice’ when a union says it?

Correction:  That should have read $470,000.00!!

RDS: Well,you tell us. YOU were the union trucker.

Lets not forget, he was a union organizer also.

ddrb & JOE,

“Well,you tell us. YOU were the union trucker.”

“he was a union organizer also”

The key words here are WERE and WAS, I have since realized how much harm unions do to the economy and labor!!  They are the main reason, that a house in the 1960’s averaged $25,000.00 and NOW averages $250,000.00 and a car averaged $2,500.00 back then and now averages $25,000.00!!  If things keep going the same way as they have, 40 years from now, an average house will cost $2.5 million and an average car will cost $250,000.00!!  Maybe it doesn’t matter to you, that your children and grandchildren will be paying $49.00 for a value meal at the fast food joints, but, I do!!

When are you going to understand what CORPORATE GREED IS DOING?

“I have since realized how much harm unions do to the economy and labor!! “ RDS........................................................................................When are you going to understand what CORPORATE GREED IS DOING?

JOE in............................................................................................  Joe, don’t YOU understand, RDS aspires to become a corporation? He may BE incorporated,for all we know. Greed is a creed with some.....and I submit that corporate greed has done FAR more untold financial and personal havoc than all the unions in the world EVER did!

JOE,

“When are you going to understand what CORPORATE GREED IS DOING?”

Guess I don’t, why don’t you tell me? 

Think about these two things: 1.) If Lee Scott, were to work for $1.00 a year, that would allow each employee, to get a whopping $13.33 a year increase in wages, WOW, head for the LEXUS dealer!! 2.) The top 10% of money earners, pay 90% of the taxes, the other 10% is paid by everyone else!!  What happens, when you cut back on that 10%’s wages?  It shifts the taxes back to the 90%!!

RDS: Well, in that case,the Walton family COULD choose to take less money out of the corporation every year-OR set up a non profit to supplement workers wages and the employee crisis fund,instead of a vanity art museum.

You’ve got to love the class envy on this site as of late.  Nothing has changed.

I heard a funny joke years ago ,told by Roseanne Barr.She said “I’m your worst nightmare.White trash with money"---Just substitute Walmart for your worst nightmare.Why would anyone envy low class?

ddrb,

“Well, in that case,the Walton family COULD choose to take less money out of the corporation every year-OR set up a non profit to supplement workers wages and the employee crisis fund”

I think the SEC and IRS might have something to say about doing that!!  You seem to think that people can do whatever they want!!

BTW: Talking about people’s money, did you hear that Bill Clinton made over $100 million off of speaking engagements and his book since 2000?  Wonder how much he will be giving away?  That’s over $14 million a year and he isn’t even a CEO, and does he even have a job anyway?  And, it’s over and above what he still gets from the government!!  It’s good he isn’t one of those, ‘Greedy’ people!!

RDS:  And they are INCOMPLETE tax returns-why is ANYONE surprised? And on a Friday afternoon,no less! I,too,would be curious as to their charity contributions.  However, here’s an article about a VERY recent $500,000.00 charitable donation TO Bill....FROM~~~~~ WalMart--------------------------------------------------------------------------------------:  Sam Stein
The Huffington Post
Clinton Foundation Received $500,000 From Wal-Mart
March 18, 2008

--------------------------------------------------------------------------------

Lost amid the blistering pace of campaign news was the announcement, made this past Saturday, that Wal-Mart, the world’s largest retailer had donated a half-million dollars to a project of former President Clinton’s global foundation.

The donation, which was made to the Clinton Global Initiative University, will be allocated for educational purposes, including funding college students and encouraging universities to engage on issues such as energy and climate change, global health, and poverty alleviation. And they reflect what some observers say is a growing effort by the retail giant to soften its image within progressive circles.

But Wal-Mart, to a large extent, still remains a pariah among Democrats for its poor labor and environmental practices. And a donation of $500,000 to an individual so closely associated with a leading White House candidate, is more than enough to raise the eyebrows of watchdog organizations.

“We are concerned with all contributions that are this large,” said Mary Boyle, the VP of Communications at the non-profit, Common Cause. “They are typically used to buy access and influence. Now I think the question here is what is Wal-Mart trying to gain here? Are they trying to gain access and influence to Sen. [Hillary] Clinton, or do they have another agenda, which could be trying to establish a track record of doing better in the causes of global warming and human rights and poverty. So, I don’t know what they are trying to do, but certainly any contribution that large should pique interest.”

Aides to the former presidents stressed that neither Clinton nor his foundation would see a dime of Wal-Mart’s money and, subsequently, would have no reason to be beholden to the company’s political interests.

“The money doesn’t go to the foundation. It comes from the Wal-Mart foundation and it will be used to fund those student made commitments and university made commitments,” said one aide. “CGI is the entity that makes this all happen. But they don’t collect money from Wal-Mart… They are a facilitator.”

It is a point watchdog groups concede, but not something that completely alleviates their anxiety. “Is [Wal-Mart] trying to use other vehicles to give large amounts to the other candidates?” asked Boyle. “Certainly Bill Clinton’s charity provides a unique vehicle for this.”

Complicating this donation is both the lengthy history the Clintons have with Wal-Mart. While serving as first lady of Arkansas, Hillary Clinton also held a position on the Wal-Mart’s board. Her tenure, fellow board members have described, was spent pushing the company to appoint more women in management and become more environmentally conscious in its practices. But, given the company’s scorned status among Democrats and union-members, Clinton hardly ever talks about this part of her resume.

The former president, in contrast, has not shied away from Wal-Mart. According to Michael Barbaro of the New York Times, he frequently speaks to the realtor’s chief executive, H. Lee Scott Jr., about issues like health care. And he has taken on a public presence in pushing for and praising the company’s new environmental practices.

But not everyone is buying into the idea of a new-and-improved Wal-Mart. Some see donations like those the company made to the Clinton foundation as merely a ploy to distract attention from the company’s still far-from-progressive policies.

“It follows in Wal-Mart’s recent attempts to make themselves look like a responsible corporation with their environmental efforts, and then you have Lee Scott who is announcing at meetings that Wal-Mart is not sure when they will reduce their emissions,” said Meghan Scott, a spokesperson for Wake-up Wal-Mart, a watchdog group for the organization. “It is important to look at two things; whether their press releases turn into action, or whether it is simply an attempt to curry favor.”

RDS: Perhaps the information on John McCains past recipients of charitable contributions may provide more clarity . This is authored by Ken Silverstein:--------------------- have seen no mention of John McCain’s contributions.Here is an excerpt from Harper’s Magazine: Barack Obama- and Hillary Clinton have received a fair amount of press scrutiny. The same is not true of John McCain, which is somewhat surprising since he is essentially the sole donor to the John and Cindy McCain Foundation, and his wife is its chairman and president.

Between 2001 and 2006, McCain contributed roughly $950,000 to the foundation. That accounted for all of its listed income other than for $100 that came from an anonymous donor. During that same period, the McCain foundation made contributions of roughly $1.6 million. More than $500,000 went to his kids’ private schools, most of which was donated when his children were attending those institutions. So McCain apparently received major tax deductions for supporting elite schools attended by his children.

McCain has net assets of between $20 million and $32 million, making him the seventh wealthiest member of the Senate. His wealth is tied to Cindy Hensley McCain, his second wife and heiress to Hensley & Co., a major Anheuser-Busch distributor.

Collectively, McCain’s kids’ private schools rank as the largest recipient of his foundation’s money. The largest individual recipient is the U.S. Naval Academy Foundation, which received $210,000 in both 2001 and 2002. That money was earmarked for conferences that “bring together key military officers and civilian academics responsible for ethics education and character developments.”

The McCain Foundation also has given large amounts to medical causes of various kinds, with a focus on craniofacial research, and the Halo Trust, a landmine-clearing organization. Small amounts have gone to the Valley Youth Theatre ($200) in Phoenix; Cool our Troops ($500), which provides Misty Mates to troops in Iraq; the Child Crisis Center in Phoenix ($250), which provides emergency shelter and programs for abused kids; and the American Cancer Society’s Neighborhood Cancer Program ($50)..

I contacted McCain’s campaign to ask about the foundation’s contributions. A campaign spokesman, who asked to speak anonymously, said the foundation is funded nearly entirely by proceeds from McCain’s book sales.

It’s impossible to know how much McCain has saved in taxes through his foundation’s donations since he has thus far refused to release his tax returns (and won’t commit to releasing them after formally becoming the nominee either). There’s nothing illegal or improper about the foundation’s contributions, but it’s not exactly the pattern of giving you’d expect from someone who has cultivated an anti-elitist image.

* * *
This story was reported with help from Taimur Khan.(Feb.2008)
************************************************* Cool our Troops ($500), which provides Misty Mates to troops in Iraq; the Child Crisis Center in Phoenix ($250), which provides emergency shelter and programs for abused kids; and the American Cancer Society’s Neighborhood Cancer Program ($50).. .............................................................................
I don’t know about anyone else,but as the seventh richest member of Congress,is this really the best they can do? With hundreds of thousands going to tax write offs for HIS children’s schools? And $250.00 to ABUSED kids in Phoenix? Can you spell elitism?

“You seem to think that people can do whatever they want!! “No, the Walton’s and WalMart have demonstrated,repeatedly,that THEY THINK THEY CAN, AND WILL, DO WHATEVER THEY WANT AND DON’T WANT TO DO- I didn’t KNOW there was a LAW against giving your money away,although you seem to think it’s a crime.

ddrb,

“I didn’t KNOW there was a LAW against giving your money away,although you seem to think it’s a crime.”

No, there are no laws against giving away money, but there are laws on who you give it to!!  A stockholder can’t just give their money in the form of raises to employees of the company they hold stock in, even if they are the Waltons!!  Gifts have limitations, if they aren’t given to a certified charity!!  All that aside, the Waltons still have the right to give or not give away their money and have the choice as to where they give it, same as you do!!

Apparently there are NO limitations to the gifts that the Walton family receive on a regular basis from the tax payers of America-REITS,LOOPHOLES.PICS,TIFS, and lest we forget Alice Walton’s own pet legislation,(by her own pet legislator), recently passed in Arkansas, to render her Crystal Bridges museum and its art purchases tax exempt,thereby cheating the Arkansas taxpayers out of millions of dollars in state tax revenue,on top of the REITS,PICS,TIFS and other corporate loopholes because Arkansas doesn’t have combined state tax reporting(and probably NEVER will).

BTW: The old adage was” It is better to give than to receive.” Not so,in Waltonland. “It is FAR better to receive than to give.”

ddrb,

“to render her Crystal Bridges museum and its art purchases tax exempt,”

Is Crystal Bridges a ‘private museum’, owned by Alice Walton and operated for-profit, or is it a not-for-profit entity, owned by a charitable fund?

Without Special Exemption, State Law Mandates Sales Tax on Art. Tim Leathers, the Arkansas revenue commissioner, said all the state’s museums, like other nonprofits, are subject to sales tax on items they purchase.  Even if they buy them in a state that exempts art from sales tax, they still have to pay the tax in Arkansas, he said.  [Arkansas Democrat-Gazette, 3/16/05]-------------------------------------
But New Arkansas Legislation Exempts Walton Museum from Sales Tax. “An act passed this year by the Arkansas Legislature helped solidify plans for the new Walton museum. Arkansas Act 1865, sponsored by Rep. Horace Hardwick, R-Bentonville, provides sales and use tax exemptions to nonprofit museums for the building construction and art purchases. To qualify, the museum must open to the public before Jan. 1, 2013, cost more than $30 million to build and house more than $100 million worth of art.” The Walton Foundation museum is scheduled to open May 2009. [Arkansas Democrat-Gazette, 5/20/05]-------------
Walton Family Widely Considered To Be Behind Exemption Legislation. Alice Walton and the Foundation lobbied for passage of a bill that exempts the Foundation from having to pay Arkansas’ 6 percent sales tax on the acquisition or sale of artwork. [Bill sponsor Rep. Horace] Hardwick wouldn’t identify the nonprofit organization mentioned in the bill, but sources who requested anonymity told the Northwest Arkansas Business Journal that it’s the Walton Foundation and that Alice Walton, daughter of Wal-Mart founder Sam Walton, was behind the museum plan.  [Arkansas Business, 5/19/05; 3/14/05]--------------------------------------------------
Special Treatment: Little Rock Arts Center Not Eligible for Walton Exemption. “The [sales tax exemption] law didn’t exempt the Walton museum by name, but was written in such a way to apply to it and no other.” For example, the Arkansas Arts Center in Little Rock has to pay sales tax on its acquisitions, and is not eligible for the exemption, because the legislation passed this year it only applies to museums opened between Jan. 1, 2005, and Jan. 1, 2013. [Arkansas Times, 5/19/05; Arkansas Business, 3/14/05]-----------------------------------------------------------------------------
Tax Law Secrecy Masks Tax Payments, But Waltons Could Choose to Disclose. The Arkansas Times reported, “Because of tax law secrecy, it’s likely Arkansans will never know if [Alice Walton’s $35M purchase of the Durand] painting was taxed or even if an effort was made to collect the tax. The Waltons could say if they chose.” [Arkansas Times, 5/19/05, emphasis added]----------------------------------------------------

RDS: Not for profit entity? Who’s profiting from the tax writeoffs,at the expense of taxpayers?  Who are you kidding? Charitable fund?  Charity for whom? Special legislation for construction of museum and art acquisitions-just Crystal Bridges Museum,but no other--As I said,with the Waltons ,it’s all GET and NO GIVE!

ddrb,

I’ll agree with you, to this extent, there should be NO pointed laws, they either should apply to ALL or NONE, to do otherwise, is discrimination!!  Not for profits are generally considered charities and if one charity is taxed on ANYTHING, ALL non-profits should be treated the SAME, NO ‘special’ treatment for any group should be allowed, not even the Waltons!!

I’m curious, when the “Fair Share” law and the Chicago “minimum wage” law, basically applied to Wal-Mart ONLY, were proposed, what was your view on those things?  And, what about the ILC ban, that allows SOME retailers to have it and others NOT (aimed at Wal-Mart specifically)?  Are you for ‘fairness’ or just totally anti anything Wal-Mart?

RDS: I cannot comment on the items you refer to-I’m not familiar enough with what you are referring to. Was this before I began blogging here? Maybe you can give some more info,if you really want an informed opinion, for my benefit and others here, who have no knowledge of the issues in question.Off the top, however, it could be argued the disproportionate amount of tax revenues that are sacrificed to WalMart from communities everywhere(,to the detriment of smaller businesses who could use some tax breaks), actually bolsters your argument about selective preference of WalMart over other businesses ,to the detriment of the other businesses besides WalMart.If WalMart gets the breaks,so should everyone else!

ddrb,

As for the issues I mentioned, they did happen awhile ago, but were well covvered by the media, especially the Chicago “minimum wage of $10.00 an hour mainly aimed at Wal-Mart!!  As for the ILC matter it hasn’t been that long that that was enacted!!

As for ‘selective preference’ to Wal-Mart over other businesses, do you have any evidence, that those same tax breaks and subsidies that Wal-Mart receives, aren’t available to other businesses?  And, could those breaks be disproportionate, based on business size and amount of tax revenue raised for the community in the form of sales tax?

ddrb,

I’m just curious, what state do you live in and what age group (young, 18 to 35, middle 36 to 50, or older 51+) are you in?