termination without a cause

[oceantide]

Jurisdiction

California

I would like an answer on wrongful termination. My sister worked for Wal Mart for over 14 yrs. As of
23 Feb, 2017 she was fired by CO Manager and ASST. Manager. The Manager was not even present. According to Wal Mart Policy, if you get 3 write ups, they have the right to fire you..According to my sister, she has never seen this policy.
This firing all stemmed on her not stepping down as CSM last august by the Asst. Mgr. Since then, she was harassed, verbally abused and discriminated against.
The Asst. Mgr kept changing Policy on her carrying a money cart. Said, she has the right to change policies.
If policies are changed, should they be in writing for everyone to read and abide by.
She contact the Store Manager who stated, he will make a decision. After a couple of days, no answer.
She kept calling the store and all she got were excuses. The Manager would not even talk with her, or return her calls. He finally gave her an answer on March 27, 2017 stating his decision was that she was fired but can be rehired. She asked him how long she needs to wait. His answer, 30 or 60 days.

 

[adjusterjack]

Sorry, but nothing illegal happened and the termination was not wrongful in the legal sense.

I hope your sister was smart enough to file for unemployment the day she got fired.

If she didn't she needs to file now as she has already lost over a month's worth of benefits which is probably what the employer intended by shining her on. Unfortunately, there's no backdating the claim.

 

[mightymoose]

I don't see anything wrong with the scenario you describe.

 

[army judge]

When people are avoiding you, tap dancing, shucking, jiving, obfuscating you better believe the outcome you fear has already been determined.

When you're asked to step down, be smart, step down because they'll eventually take you down.

What we see illustrated here is corporate life unmasked.

 

[cbg]

Barring a legally binding and enforceable contract that expressly says otherwise, they have the right under the law to fire you because the day of the week ends in Y. There is no requirement that there be three write ups, or two, or one, or any.

While I agree that policies ideally should be in writing for everyone to read, no law requires that this be the case.

"Discriminating against her" because she refuses to step down is not illegal.

A wrongful termination means that there is a specific law which would make it illegal for the employer to terminate the employee for the reason they did. You have not described a wrongful term, above.

 

[ElleMD]

Nothing you describe is illegal and it sounds like the handwriting has been on the wall for months, whether your sister chose to acknowledge it or not.

 

[txls]

There doesn't have to be a cause to fire someone. There usually is and sometimes the employee may not realize what the cause is.

 

[leslie82]

I would like an answer on wrongful termination. My sister worked for Wal Mart for over 14 yrs. As of
23 Feb, 2017 she was fired by CO Manager and ASST. Manager. The Manager was not even present. According to Wal Mart Policy, if you get 3 write ups, they have the right to fire you..According to my sister, she has never seen this policy.
This firing all stemmed on her not stepping down as CSM last august by the Asst. Mgr. Since then, she was harassed, verbally abused and discriminated against.
The Asst. Mgr kept changing Policy on her carrying a money cart. Said, she has the right to change policies.
If policies are changed, should they be in writing for everyone to read and abide by.
She contact the Store Manager who stated, he will make a decision. After a couple of days, no answer.
She kept calling the store and all she got were excuses. The Manager would not even talk with her, or return her calls. He finally gave her an answer on March 27, 2017 stating his decision was that she was fired but can be rehired. She asked him how long she needs to wait. His answer, 30 or 60 days.

They can fire her for whatever reason they want as long as it didn't have to do with race, religion, gender, so on.

She can reapply in 30-60 days or go find a new job.