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can 18yr old be fired beacause parents wont consent to drug test and background check

Discussion in 'Termination: Firing & Resignation' started by amichelle, Mar 29, 2011.

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  1. amichelle

    amichelle Law Topic Starter New Member

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    my daughter is 18 she got hired at walmart in december of 2010 in the deli dept. on march 15 they decided that since she is still in high school that she is considered a minor.they want her to get a work permit which the school wont give her because she is 18.they want us to sign a paper to give consent to a drug test and background check that they did in december. we refused because its already done why give consent now so they fired her .is there anything at all that can be done about this
     
  2. jacksgal

    jacksgal Super Moderator

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    Unless there is a fear she will fail drug test or background will uncover something why not sign? If your asking if this request is illegal its not
     
  3. amichelle

    amichelle Law Topic Starter New Member

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    they already did it without my consent so why sign 3months later they hired her for deli knowing that she was in high school then decide that because she is still in school she is considered a minor took her out of deli moved her to cashier for .40cent hour less and dropped her hours from 32 down to 20 but during holidays they worked her 40 hours they made the mistake if they wanted to consider her a minor why not do so when they hired her not 3 months later
     
    Last edited: Mar 29, 2011
  4. jacksgal

    jacksgal Super Moderator

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    Again why is this a big deal unless she will fail one or both? Your trying to fight a fight for no real reason
     
  5. amichelle

    amichelle Law Topic Starter New Member

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    there is a reason they broke their own policy and she already passed both
     
  6. jacksgal

    jacksgal Super Moderator

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    I really think your missing my point. If she wants to keep job then she will do it and you will sign unless theres something to hide
     
  7. amichelle

    amichelle Law Topic Starter New Member

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    i understand your point i dont think you understand mine why is it ok for them to break their own policy and if i do sign it still doesnt solve the problem of a work permit that they require her to have that the school will not give her because she is 18 they consider her a adult i work there too and why is it ok for them to go and talk to other employees and me about her that is confidental info so again why can they break their own policy i was willing to sign their paper that wasnt good enough they still fired her
     
  8. amichelle

    amichelle Law Topic Starter New Member

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    im not trying to be difficult or argue with you i just dont understand why they can break their policy and change policies but if you work there you have to follow all the rules or be fired if they wanted to follow policy why not do it from the start when they hired her they knew she was in high school it was on her application when they did her interview they talked about it then and they scheduled her around school but now they say they didnt know she was in school i just think it is wrong the way they treated her
     
  9. jacksgal

    jacksgal Super Moderator

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    You keep repeating policy was broken. What policy and how was it violated?
     
  10. amichelle

    amichelle Law Topic Starter New Member

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    their policy when you get hired is to do drug test and background check if they are a minor parental consent is needed on her application it said she is in high school when they did interview they talked about school so if they are gonna consider her to be a minor 3months after she was hired they voilated their policy why didnt they have us sign consent then and their policy is that everything is confidental her friend went in for oreintation and they told her that my daughter was getting taken out of the deli and losing money and hours and the store mgr. came up to me while i was working and ask me what was going on with her and that they were gonna fire her and my thoughts on this minor issue is that if they are considering her a minor why did they put her in the deli when minors cannot run meat slicers or operate deep fryers and they cannot work 40hr weeks and she did so
     
    Last edited: Mar 29, 2011
  11. jacksgal

    jacksgal Super Moderator

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    Your "presumed" policy violation is not actionable in my view. However anyone can sue anyone for anything at anytime. So you can certainly consult with an Attorney to see if you have a cause for action
     
  12. amichelle

    amichelle Law Topic Starter New Member

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    ok thats fine your entitled to your opinion i just think its wrong for them to treat people that way just because you work in a store like that doesnt mean your stupid or that you cant do better
     
  13. jacksgal

    jacksgal Super Moderator

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    Requesting a drug/background test twice is not policy violation unless that policy reads test(s) are only done once! Again just sign the document and end this its non issue unless she will fail one or both
     
  14. army judge

    army judge Super Moderator

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    Okay, let's say they're wrong. Now what? What do you want them to do?


    No one is saying anyone is stupid. No one is saying she can't get another job.

    I agree with the advice you've been given. The only problem is, it might be too late.

    Anyway, I wish you and your daughter well. If she loses this job, so what? It is like you said, she can do better.

    Walmart doesn't care. They know that if you sue them, they'll fight. They also know that most people don't have the patience or money to fight them.
     
  15. cbg

    cbg Super Moderator

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    They can break their own policy because there is no law that says they can't.

    It really is that simple.

    They are not obligated to employ her. Either she completes the requirements they set for her, or they fire her and she goes to work somewhere else.
     
  16. andrestack

    andrestack New Member

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    Hello, yes, you are right, if there's nothing to worry about then you should let her be test and background checked, there are company policies to you need to obey.
     

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