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Employment possibly being terminated.

Discussion in 'Termination: Firing & Resignation' started by ScootScoot, Feb 22, 2014.

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  1. ScootScoot

    ScootScoot Law Topic Starter New Member

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    I have worked for Walmart for almost 4 years now, mostly full time. On February 4th we were instructed by our manager to go gather carts off the parking lot at about 8:30 during a bout of freezing rain. Once we got outside and attempted to push some of the carts in we realized it was next to impossible. The supervisor on duty decided that all the associates on the lot were to line up the carts in long rows while other associates pushed them with their vehicles. The ones who weren't driving were instructed to guide the carts in. I was not one of the drivers.

    Now, on February 16th I was called into the office and informed that corporate was investigating the "incident" and I was told it would be best to give a statement about what happened. I did so and was honest about who did what. I then asked if I was going to be terminated over this and the managers response was "It's up to corporate, not us." This was the same manager who instructed us to get the carts in the first place.

    If I am terminated over this will I even be able to get a case set up? Money is a major factor as I don't have any to spare. I was instructed to go work outside in unsafe conditions and did so. I was instructed to guide the carts by my supervisor. I don't really understand how I was at fault here. The manager in question stated that blind obedience isn't always the best thing.

    Also, someone went inside and told the manager that this was happening and she went outside to look and did nothing to stop it.

    What do I do in the event of termination?
     
  2. KatDini

    KatDini Well-Known Member

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    File for your pennies (aka UI).
     
  3. ScootScoot

    ScootScoot Law Topic Starter New Member

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    Is the situation that bleak? I haven't been terminated yet...

    Also, Walmart fights unemployment tooth and nail.
     
  4. KatDini

    KatDini Well-Known Member

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    You didn't ask if the situation were "that bleak".

    You asked:
    I answered:
    Unemployment is pretty cut and dried. You either qualify or you don't.

    Do your job to the best of your abilities. Don't give them a reason to terminate your employment (insubordination, etc).
     
  5. ScootScoot

    ScootScoot Law Topic Starter New Member

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    I was asking if it would be able to become a legal case for the courts. I also stated that the termination will have nothing to do with what happens in store at the moment. This will be corporates decision based solely on how they view the incident. What I do at work is irrelevant to the problem.
     
  6. Proserpina

    Proserpina Moderator

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    Walmart doesn't do any such thing.

    That aside though, it's not up to Walmart whether or not UI is approved.

    But yeah - if you're terminated, it's time to get another job. There is no wrong-doing on behalf of Walmart.
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    If your employer fight UI then you request hearing. At the hearing you give your side and they theirs. UI has clear guidelines on who can and cannot receive benefits. The state will decide and you will be granted or denied those benefits based on state guidelines and circumstance sof case. If your asking if you can sue for wrongful termination then I would say no. To have a wrongful termination case your employer must terminate you in violation of an existing law or employee and/or Union contract. I don't see either as being case in your situation
     
  8. Proserpina

    Proserpina Moderator

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    Exactly. Hence they can fire you at any time, for any reason, or no reason at all. (Title VII notwithstanding)

    What do you think they did which was illegal?
     
  9. cbg

    cbg Super Moderator

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    No. If you are terminated this would not be a case for the courts. Google at-will employment.

    Wal-Mart can fight unemployment all they like, but if they cannot articulate a valid misconduct reason on your part that is sufficient to disqualify you, they will lose the fight.
     
  10. ScootScoot

    ScootScoot Law Topic Starter New Member

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    I wasn't saying it was illegal. I was just wondering if I could do anything to fight it or receive compensation considering it was their orders in the first place that put me in this situation. It's pretty unfair that you can be fired for doing what your told to do. If I refuse to do it I would have probably been fired also. They were making it sound like everyone involved would be terminated. That's most of the shift. About fifteen lives screwed over due to the negligence of a manager.
     
    Last edited: Feb 22, 2014
  11. Proserpina

    Proserpina Moderator

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    Unfair doesn't mean that it's illegal though.

    Again, UI will make the decision.
     
  12. ScootScoot

    ScootScoot Law Topic Starter New Member

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    Well, thanks for the info. Someone told me to contact my local bar association to see if they could chime me in on whether it's feasible. I'll try that and if nothing comes of it here I come unemployment. Or Mcdonalds.
     
  13. army judge

    army judge Super Moderator

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    You might be over reacting, OP.
    You haven't been fired.
    You indicated corporate was investigating, but you don't know what's being investigated.
    I suspect the supervisor/manager who ORDERED employees to "push the second line of carts, like a Mardi Gras parade has much more to worry about than employees doing as they were instructed", assuming anyone has anything to worry about.
    This presumes, you were forthcoming and told all about this bit of winter idiocy and fun.
    I'd worry more about performing my duties as assigned in my job, and less about lawsuits.
    There is no there there if you're looking for a lawsuit angle.
     
  14. shrinkmaster

    shrinkmaster Well-Known Member

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    You can certainly contact bar but if your employer has not violated any law what do you think BAR will do? In addition do you have the funds to retain a Lawyer. Its unlikely any Lawyer would take case on contingency
     
  15. ScootScoot

    ScootScoot Law Topic Starter New Member

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    Well see. I'm pretty well liked at work. I rarely miss work and get my job done. I'm just worried because I've seen people get fired for smaller things than this. I'll see how it goes.
     
  16. Proserpina

    Proserpina Moderator

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    Scoot, you seem to be not understanding something.

    The company can legally terminate your employment for any reason or no reason at all. The exceptions involve unions and CBAs.

    An attorney won't do anything because there's no wrong-doing.
     
  17. cbg

    cbg Super Moderator

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    Scoot, do you understand that unless a law or a protected right is violated, there is no legal action you can take? With or without a lawyer?
     
  18. mightymoose

    mightymoose Moderator

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    It sounds to me like the supervisor is being investigated. Don't be so worried that they spoke with you. They should speak with everyone involved.
    If you didn't do anything wrong don't worry about it.
     
  19. Betty3

    Betty3 Super Moderator

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    First off, you might not be terminated. If you are though, it would not be an illegal termination. In at-will employment, you can be terminated at any time for any reason except a reason prohibited by law (ie religion, race, gender....) or unless you have a binding employment contract or CBA to the contrary.

    If you're terminated, look for other employment & apply for unemployment ins. The state will decide if you qualify.

    Of course, you are certainly free to talk to a lawyer if it will make you feel better.
     

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