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wrongful termination from Walmart Inc.

Discussion in 'Termination: Firing & Resignation' started by dvcohen81, Aug 14, 2010.

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  1. dvcohen81

    dvcohen81 Law Topic Starter New Member

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    I was arrested at my home for a domestic violence charge that had nothing to do with work. I received an adjudication withheld for the charge and Walmart still terminated me. Walmart stated in my file that the reason for my termination is that I had misconduct in the workplace and that I wasn't rehireable. I never got in trouble at work I have a clean record. I know Florida is a free-will state but is there anything I can do about them lying about why they fired me?:(
     
  2. army judge

    army judge Super Moderator

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    Speak with a local attorney.
    You appear to have the basics for a lawsuit.
    Problem is, its Walmart.
    The job doesn't pay enough to pay for the lawsuit.
    Most attorneys will want a retainer to bring this type of case.

    You could be your own lawyer.
    You could bring the case.
    You probably won't win, but it'll keep you engaged and lessen your anger until you find a new job.

    You might be better off filing an unemployment claim.
    Walmart might try to say workplace misconduct to keep yopu getting unemployment.
    Who knows?
    You're more likely to get UI that get your job back.
     
  3. Patricia_Young

    Patricia_Young New Member

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    I don't see what an attorney could do for you. It is not illegal for an employer to fire an employee for away-from-work activities. BTW, it's not "free-will", it's "at-will employment" and you can google for the definition.
     
  4. army judge

    army judge Super Moderator

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    Patricia, all that you say is true. The problem for OP is that OP says Walmart terminated OP'S employment based on "workplace misconduct". Hence, my suggestion to see an attorney (with the caveat about cost).
     
  5. Patricia_Young

    Patricia_Young New Member

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    I still don't know what an attorney could do. He could not force the employer to change the termination reason on his records, nor change him from "not eligible for rehire" to "eligible for rehire".

    OP, have you filed for unemployment yet and, if so, has there been an initial determination?
     
  6. army judge

    army judge Super Moderator

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    As I said, it would probably be cost prohibitive, given the value of a Walmart job. If an attorney took it on a contingency basis, that might make it bearable.

    You're right, the job is gone. But, Walmart might offer a settlement, in order to avoid a court spectacle. Some companies disdain negative publicity.
     
  7. Hosea

    Hosea New Member

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    Fight back

    I am amaze with the advice people give others. To give up move on. Whats the difference from a walmart job and NFL player. Nothing if your boss lied about termination and you have it in writing. I would file.
     
  8. army judge

    army judge Super Moderator

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    NFL players have contracts. Walmart employees do not.
     
  9. Hosea

    Hosea New Member

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    Contracts

    Yes he does if Wal-Mart has an employee handbook and policy you are not an at-will employee. I live in VA which is an at-will state too. I have help another in court win. So yes he/she has a contract with wal-mart.

    Last part of my quote. If the employer lies doesnt matter. NFL or Wal-Mart if it is writing. file suit
     
  10. jacksgal

    jacksgal Super Moderator

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    Please show us the law that makes a handbook a contract please?
     
  11. Darsha05

    Darsha05 New Member

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    Good point Army, and I also agree with Hosea. I am bulldogged determined to be righted when I have decent grounds I was wronged. Although in my 43 years, have never filed a lawsuit...sadly I think the attitudes of employers anymore is "be grateful you have a job". I am very grateful to be gainfully employed, but that doesn't give anyone the right to treat me any less because I am grateful. In these tough times being "fired" is hard enough, but for a reason that is not valid...tough to drive that one home.

    I say always exhaust any option available to you before throwing in the towel <haha - NFL) you will only gain what you put into it. If in your heart you feel it isn't worth it...lick your wounds and move on...sometimes that is the best course of action, but only you can decide what you are willing to accomplish overall.

    Good luck to you!!!
     
  12. Hosea

    Hosea New Member

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    Law

    See this is where people loose their cases in court.

    I can not show you the law your right.
    but does that mean no law no rights. No!
    this is why I show people how to make a record during your case which forces the court to rule in your favor or win on appeal.


    THATS WHY I PREACH DOCUMENTATION AND KEEP GOOD RECORDS

    Seek your employees hand book even if you signed an at-will agreement

    I will try to explain . I will use some notes I have copied in file, sorry for pasting.

    The law generally presumes that you are employed at will unless you can prove otherwise, usually through written documents relating to your employment or oral statements your employer has made.

    On the other hand, some employers have written policies that require good cause to fire, provide an exclusive list of reasons for which employees can be fired, or otherwise provide employees some job protections. If your employer has adopted these kinds of policies, you are entitled to rely on them.

    Even if you are an at-will employee, you still cannot be fired for reasons that are illegal under state and federal law. In these situations, the government has decided to make an exception to the general rule of at-will employment.



    For example, if your employer is subject to federal and state laws prohibiting job discrimination (as all but the smallest employers are), you cannot be fired because of certain characteristics, such as your race, religion, or gender. Similarly, you cannot be fired because you have complained about illegal activity, about discrimination or harassment, or about health and safety violations in the workplace And you cannot be fired for exercising a variety of legal rights, including the right to take family and medical leave, to take leave to serve in the military, or to take time off work to vote or serve on a jury.

    If they terminate you base on job elimination make them prove it in court.

    Employers know 99% of people will not do a thing.

    You all should read this book. I have purchase this book
    Do a search
    Defending your employee rights 2nd edition
     
  13. army judge

    army judge Super Moderator

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    You must be very proud of yourself.
    Nevertheless, an employee handbook does not constitute an employment contract.
    In fact, somewhere buried in that handbook it will say, this handbook does not create an employment contract between the employer and the employee.
    But hey, you're free to believe what you wish, because I'm not buying what you're selling either.
     
  14. Darsha05

    Darsha05 New Member

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    Hey Army, just curious...please define "contract" as opposed to "employee handbook". I ask because in my situation, I signed a contract upon employment as well as the company employee handbook. Does one supersede the other?

    Thanks :)
     
  15. Hosea

    Hosea New Member

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    Contract

    What did your contract implied or express

    One can also protect your employment.
     
    Last edited: Aug 25, 2010
  16. Darsha05

    Darsha05 New Member

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    Honestly nothing really...so and so would begin employment at this salary rate with this amount of benefits effective..., holidays, vacation pay and so on. Oh and that my COBRA benefits would be company paid until said health insurance kicks in...
     
  17. jacksgal

    jacksgal Super Moderator

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    If hosea assumption was correct there would be no at will at all as employee handbooks would govern everything!
     
  18. Hosea

    Hosea New Member

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    LAw

    Trust me your Employers understand this topic they hope you dont.

    Thats why they take advantage of people who they think will not fight back. 95% of Every move is calculated by HR and when you have a loose cannon (manager) please document everything and watch that individual disappaer within a 6 months.

    knowing your empoyees rights 2nd edition is a powerful book
    a must have book. It teaches you almost everything you should know and watch out for.

    and they have many other great books for those who are curious. do a search I dont like posting links but im sure once you do a search you will find the website.
     
  19. cbg

    cbg Super Moderator

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    While *some* employee handbooks have been found to have been written in a way that they become contractual, it is by no means correct to say that therefore, all employee handbooks are contracts. They are not. It depends on the specific wording of the specific handbook, and in all states, more of them are not, than are.
     
  20. army judge

    army judge Super Moderator

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    What you signed isn't a contract.
    I don't have the document you signed.
    But, your document seems to be a letter of employment.
    It sets forth your title, salary, start date, etc...
    That isn't a contract of employment.
    The most revealing thing about an employment contract is, it is titled as such.
     
    Last edited: Aug 26, 2010
    Darsha05 likes this.

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