From the article it appears there were clear warning signs that were ignored. From the linked article,
Bing was previously disciplined for bad behavior and harassing employees, but Walmart “kept employing him anyway,” the suit says.
All disciplinary actions are documented electronically and digitally stored. Harassment should have been a level red and a second level red should have resulted in immediate termination. That will probably be Walmart's out here. From the looks of things, store level management failed to abide by company policies. I understand going after the deep pockets, but success would be almost certain going after store management, starting with the store manager that probably knocks down a quarter of a million dollars a year. Again, from the linked article,
In September, Prioleau’s mother expressed concerns to a Walmart manager about her daughter’s safety “because it appeared their concerns were falling on deaf ears,” the lawsuit states.
The manager said “there was nothing that could be done about Mr. Bing because he was liked by management,” according to the suit.
And there we get to Walmart's biggest problem. Walmart stores are as cliquish as a junior high school. Typically 250 or more employees, most of them vastly underpaid, except for the store manager, coaches, and the ever present store lead. Two of my sons did a stint at Walmart, as well as a couple of my cousins. In every store there is a group of "pets", they get the best hours, most of the overtime, and are given higher paying jobs like the "team lead" that was the culprit here. He was probably knocking down $22 an hour, working four days a week, ten hour shifts, all overnight. Maybe more importantly, one or two nights a week he was probably carrying the keys and responsible for the entire store. Giving someone with his obvious problems that much responsibility is certainly an example of gross misconduct and negligence.
If Walmart has a prayer to escape this lawsuit unscathed they better have terminated the entire management staff, from store manager to every single coach, like yesterday. If I were the market manager, Walmart's term for District Manager, I would have made that happen the day after.