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Wrongful termination & Retaliation?

Discussion in 'Termination: Firing & Resignation' started by Johnny Zolliecoffer, Jun 29, 2021.

  1. Johnny Zolliecoffer

    Johnny Zolliecoffer Law Topic Starter New Member

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    Jurisdiction:
    Arkansas
    Ok, got a question.. I know this is an At-will State but here’s the deal. Walmart: I was harassed buy 2 associates for a period of time and brought it up to my manager and he basically just blew it off. Kept happening and still acted like it wasn’t a big deal. Finally got 2 leads to help me bust them and supposedly they got “Coached” well another manager came to me and said she would look into it more, couple days later.. she comes to me and said they had done this once before.. by then I was so frustrated that I went to Ethics.. I guess they sent it to “open Door”. Well, he knew I went to ethics and they couldn’t get me for job productivity cause I was stocking 2 aisles a night. With out any help. So they come to me after working till first break and get called to the office. I walked in and he says I’ve got to terminate you, I thought I was I called a guy lazy but that didn’t make since to me so, when he walks me out I was like what is going on cause it didn’t make since cause I haven’t even been coached yet. He says I tell you when we get outside. He tells me I’m terminated for calling the guy the N word which has never came out my mouth.. open door done the investigation and the call got cut but she never went into if they have any evidence other than a witness statement, which anyone can lie. I feel I’ve been retaliated on and wrongfully terminated. Act 7 also states with exceptions of retaliation, which I’ve explained. And whistle blowers protection as a American citizen. I really need help cause I’ve been done wrong and yes most will say just move in get another job well it’s more than that.
     
  2. zddoodah

    zddoodah Well-Known Member

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    First of all, you might want to edit your post to remove the employer's name (and also edit your screen name if that's your real name).

    FWIW, unless you tell us what exactly happened, telling us that these folks "harassed" you tells us nothing.

    I have no idea what "went to Ethics" or "sent it to 'open Door'" might mean.

    Who are "he" and "they"?

    Subject to you clarifying exactly what happened, it's not at all clear to me that anything illegal or unlawful happened.
     
    justblue likes this.
  3. Johnny Zolliecoffer

    Johnny Zolliecoffer Law Topic Starter New Member

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  4. justblue

    justblue Well-Known Member

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    You seem to be having trouble with quoting. Don't try to quote, just click on "reply" and clarify your situation.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    Ok, the details of the harassment are important. Most harassment that occurs in the workplace is not illegal. Under federal law it is only illegal if the harassment is because of your race, color, national origin, citizenship, age (if you are age 40 or older), religion, sex (including sexual orientation, gender identity, etc), disability, or genetic test information. Should an employee face discrimination in the work the place because of one of those characteristics then the remedy is for the employee to bring that attention to the appropriate company officials. The duty of the employer is then to make the harassment stop. If the harassment stops then the employer has met its obligations under the law and there is nothing more the employee can do about it. If the harassment does not stop then the employee may make a complaint with the federal Equal Employment Opportunity Commission (EEOC) within 180 days of the harassment. If a timely complaint is made and the matter is not resolved by the EEOC then the employee may file a lawsuit against the employer.

    Note that if the employer takes some negative action against the employee because the employee reported illegal harassment as described above (i.e. harassment based on race, color, religion, etc) that too is illegal and again the employee would need to first complain to the EEOC within 180 days of the retaliation to start the process that may lead to suing the employer.

    So was the harassment you received based on your race, color, national origin, citizenship, age (if you are age 40 or older), religion, sex (including sexual orientation, gender identity, etc), disability, or genetic test information? If the answer is no, then this is not a problem of illegal discrimination under federal law. Note that Arkansas law has a weaker illegal discrimination law that covers less than federal law does.


    If the real reason you were fired is that the employer truly believed that you used the N word at work then that is not a wrongful termination. The employer does not have to be right that you did it. It would be enough that the employer believed whoever told it that you did it. Because Arkansas, like nearly every other state, is an at will work state you can be fired for most any reason at all. The reasons don't have to be good reasons, they don't have to make sense, the employer doesn't have to be objectively right in what it believed you did. All that matters is that reason for termination was not among the relatively few reasons that the law prohibits. The prohibited reasons include firing you because:
    • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like marital status, veteran status, etc);
    • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
    • you participate in union organizing activities;
    • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
    • you filed a bankruptcy petition;
    • your pay was garnished by a single creditor; and
    • you took time off work to attend jury duty (in most states).
    The exact list of prohibited reasons will vary by state. So unless the real reason you were terminated was something like the things I listed above (and you can prove it) the termination is not wrongful.
     
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  6. army judge

    army judge Super Moderator

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    I am saddened (but NOT surprised) to learn that the HARDEST WORKING person was was discharged because the REAL wrongdoers were believed and your truthful account was ignored.

    I hope you receive justice.

    If I were you, I'd seek my next great job and turn my back on all troublemakers and rabble rousers.
     

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