Termination

[April Cooper]

Jurisdiction

Georgia

I worked for Wal-Mart for 17yrs and on May 30 of this year I was terminated for excessive attendance or absences. We were on a point system and I pointed out by 1/2 a point. The last two points I obtained was due to illness in my family my aunt eventually died on May 2nd. The point to get me fired was on the day of my aunt's funeral May 6th, Wal-Mart allows three days of bereavement and being that I don't work on Thursdays and Sundays those days would have been the Wed, Fri and the Sat. I left early which caused me to point out. My direct managers new I left because of the funeral and wrote it down on the flow chart which has our schedule and shift for the day. Our assistant manager is suppose to go over the chart on a weekly basis and make any adjustments to our attendance. Do I have grounds to pursue legal actions against the corporation.

 

[zddoodah]

Nothing in your post suggests anything legally actionable occurred. Sorry.

 

[hrforme]

Attendance is employer controlled. Even if they have a bereavement policy to allow days, they could still give points if that is part of their policy. As is leaving early. If it is not part of their policy to count bereavement, then did you have enough points otherwise to go over the limit? Even if a manager approves you leaving early, that doesn't mean you won't get partial/full points for missing. How many previous points had you had for other reasons? Your explanation of days versus points charged was a little confusing, so you could ask HR for a review of your points but I see nothing illegal about what they did.

Anything like FMLA doesn't protect you since it isn't a parent, spouse or dependent child.

 

[April Cooper]

Attendance is employer controlled. Even if they have a bereavement policy to allow days, they could still give points if that is part of their policy. As is leaving early. If it is not part of their policy to count bereavement, then did you have enough points otherwise to go over the limit? Even if a manager approves you leaving early, that doesn't mean you won't get partial/full points for missing. How many previous points had you had for other reasons? Your explanation of days versus points charged was a little confusing, so you could ask HR for a review of your points but I see nothing illegal about what they did.

Anything like FMLA doesn't protect you since it isn't a parent, spouse or dependent child.

The point they gave me is what caused me to go over in attendance the 1/2 of point. With bereavement days it is excused and you aren't suppose to receive a point. Prior to that incident in late April i obtained two points because my aunt was in the hospital and the doctors called us up twice to the hospital exspecting her not to survive and I had to leave work both times I had hospital excuses but they don't accept them at my old Job. She eventually came home and we took care of her under hospice care until she passed away. I couldn't take a LOA because my mom has been battling bone and breast cancer and I knew she was having a bone marrow transplant and at Wal-Mart there has to be a certain amount of time in between leave from work.

 

[hrforme]

It is up to the employer policy as to what causes points. Unfortunately, I am very sorry for your loss and your personal issues, but there's nothing illegal about what your employer has done.

 

[April Cooper]

It is up to the employer policy as to what causes points. Unfortunately, I am very sorry for your loss and your personal issues, but there's nothing illegal about what your employer has done.

Ok thanks

 

[army judge]

Ok thanks

You can seek another job.
You can also file for unemployment.
The state will make the decision.
Good luck in your job search.

 

[April Cooper]

You can seek another job.
You can also file for unemployment.
The state will make the decision.
Good luck in your job search.

Thanks I had two other jobs prior to being terminated, also my assignment was up on one of them in July and after an appeal I have been collecting unemployment once they realized I shouldn't have gotten the point on the day of my aunt's funeral.. Thanks for your well wishes and advice.

 

[cbg]

Just FYI - the UI office does not determine that you "shouldn't" have gotten that extra point. What they determine is that, in acquiring that point, you did not reach a level of misconduct that disqualifies you for benefits. They don't tell they employer what they should or should not do; they determine if what YOU did is bad enough to disqualify you. In this case, they decided that it wasn't. That is NOT the same thing as saying the employer shouldn't have given you that last point.

 

[April Cooper]

Just FYI - the UI office does not determine that you "shouldn't" have gotten that extra point. What they determine is that, in acquiring that point, you did not reach a level of misconduct that disqualifies you for benefits. They don't tell they employer what they should or should not do; they determine if what YOU did is bad enough to disqualify you. In this case, they decided that it wasn't. That is NOT the same thing as saying the employer shouldn't have given you that last point.

You're right I know they weren't saying that my former employer shouldn't have given me the point but I think it did help that my former employer said that he shouldn't have given me the point and that those working under him didn't do there job in informing him of me using my bereavement time for my aunt's funeral.