WalMart?

[icameasdust]

So about a month and a half ago, I got injured at walmart while on the job and was out of work for 18 days. They have been super sketchy since and have completely harassed me, calling me literally every single day I was out of work, sometimes calling several times a day. I went back to work on light duty for about a week, then was put in the hospital for appendicitis, and had my appendix taken out. I was then put out of work for yet ANOTHER week due to the healing process. When I brought in my doctors note (the day after surgery, sore, because they wouldn't let my fiance bring it in) they said that it was unexcused. Keep in mind, you can only miss 6 days every 6 months unexcused, I'm out for 8 days. They literally told me that I should quit because if I do not quit, when I go back to work, which is tomorrow, I will be fired for missing so many days. Is this legal for me to get punished for getting surgery? Or do they just have it out for me?

 

[Patricia_Young]

How long had you worked there at the time of your injury?

 

[icameasdust]

a little over 6 months

 

[Patricia_Young]

Then, sorry, the only thing that could have protected your job was FMLA and you had not been employed for the 12 months required.

 

[jharris352]

I don't agree with Patricia. Whatever is in their policy manual is what they have to go by. FMLA won't protect you but they shouldn't be harassing you like they are.

 

[Patricia_Young]

The poster is free to take the employee manual to an attorney for review to see if it rises to the level of an enforceable contract. The HUGE majority of them don't and any halfway decently written employee handbook/manual will include a disclaimer specifically stating that it does not constitute a contract.

I have to say, though, that I would think that anything that Wal-Mart could be sued for in the employment arena, they probably already have been sued for and I imagine that there is case law somewhere that has determined that the employee handbook is not a contract.

 

[theretoo]

Wal Mart has more class action suits against them than any employer I know of. Contact EEOC regarding possible disability discrimination

 

[jharris352]

You certainly have a point Pat. I have always been annoyed by the idea that an employee can be held to the policy manual but the company can't. Seems unfair doesn't it?