Was I wrongfully terminated?

[LayH23]

Jurisdiction

Arkansas

I started working at Walmart as a overnight stocker. My experience was terrible. Ever since my first time on the floor. I was put on the floor during the day because of pathways. So it was not my shift hours but I was training so I thought things would turn out great. Wrong! Left on floor for 5hrs, no training, no help, never seen one manager, on top of that lets say this now , in the 3 months I worked there only 2 of my manager knew my name. Anyway I was working it was terrible. Walmart has a point system """ which should be protested """ I was throwing up at work literally and working with the food its hard to work and get everything done when u have to slow down and stop and go to restroom to throw up. Due to that I had no choice but to go home early, therefore I got pointed, there was nothing I could do I was throwing up. I would also be treated very bad, the manager would always be very disrespectful , treat me like I'm stupid. I would get in trouble for the shift before mine because they would not finish nor do their job right, I got in trouble for it no matter how many times I explained to them. Time went on trying to stay in there, a stomach bug, that was going around I seemed to get only for like 2 or 3 days , but I showed up for work as I knew that throwing up wouldn't matter to them. A few hours went by as I threw up 3 times in the aisle. I begged the managers as they said you can either work or go home as I said how can I do my job right n finish if I'm throwing up in the aisle and forced to work with food products being sick, I had to leave early I had no choice I was really sick. Knowing the points I came up the next morning to talk to the store manager and before I even explained anything he just said you no longer have a job, I believe I have been wrongfully treated and forced to work while throwing up n threatened to lose my job if I didn't work. Was I wrongfully fired from Walmart even due to point system , but all points due to throwing up and fired because I could not force myself to work in a food aisle due to repeated throwing up. Have I been treated unfairly ? Should I Sue ?

 

[KatDini]

No and no.

 

[LayH23]

No and no.

Why?

 

[zddoodah]

Was I wrongfully fired

You were not illegally fired.

Have I been treated unfairly ?

Maybe, but this isn't a legally relevant question.

Should I Sue ?

No.

It sounds like you may have been subjected to some poor management and employee relations, but that's not illegal.

 

[zddoodah]

Why?

Most employment in the U.S. is on an "at will" basis. What that means is that the employee may legally quit at any time and for any reason. Likewise, the employer may fire the employee at any time and just about any reason. Firing an at will employee is only illegal if it is done for something like race, ethnicity, gender, religion, etc., or in retaliation for the employee exercise some legal right. Your firing was legal because you apparently were an at will employee and because the firing was not apparently for any illegal reason.

 

[LayH23]

Most employment in the U.S. is on an "at will" basis. What that means is that the employee may legally quit at any time and for any reason. Likewise, the employer may fire the employee at any time and just about any reason. Firing an at will employee is only illegal if it is done for something like race, ethnicity, gender, religion, etc., or in retaliation for the employee exercise some legal right. Your firing was legal because you apparently were an at will employee and because the firing was not apparently for any illegal reason.

Basically if your throwing up it still doesn't matter , and I got the shit end of the deal ?

 

[army judge]

Basically if your throwing up it still doesn't matter , and I got the shit end of the deal ?

Employers can literally work you to death, IF you allow it.

If you dislike your working environment you're always free to resign and find a better employer.

Nothing you've said is of any legal significance.

Don't believe me, visit 2 or 3 local lawyers and ask them.

The 1st visit is normally provided FREE to prospective clients.

 

[zddoodah]

Basically if your throwing up it still doesn't matter

More or less.

and I got the shit end of the deal ?

Is this really a question? Sad as it may be, you were working in an unskilled, entry-level job. Your employer could find hundreds of folks who could do that job with virtually no effort. When that sort of disparity of power exists, the results should not be surprising.

 

[hrforme]

absentee/tardy point systems are legal...the only time you are protected pretty much is under FMLA and you hadn't been there long enough (1 yr along with an hours component) to be protected and even then it's only for serious illnesses (and generally a stomach bug doesn't rise to that level). Unfortunately like someone else stated, this is a low skill, low paying job and not overly hard to fill. Hope you find something better soon!

 

[txls]

Lots of things in employment may be or seem to be grossly unfair but it doesn't make it illegal. Unfair to one person may be just fine to another and there is just no way to make laws to cover what seems to be unfair. Lots of things that some employers do seem really dumb, and it doesn't help them keep good help, but again doing stupid things is not illegal either. Good luck to you finding better employment and someone who will appreciate you.