Wrongful Termination

[Symphswife]

What is the name of your state (only U.S. law)? AlabamaWhat is the name of your state (only U.S. law)? I was recently fired from my job and the reason behind it is I clocked back in from lunch and went to get myself something to eat because I was still hungry from not having that much to eat when i went home for lunch and I went into the office where I work out from and ate. Now they tell me because and hourly associate seen me is the reason they said anything to me and because I was already on a Decision making day they had no choice to let me go. Now my problem is that they said it was an integrity issuse which yes i shouldn't have clocked back in and wasted time getting something to eat. But guess what they are plenty of associates that work in that store who eat at there registers and keep food under the counter and I would let management know and they would say something once and nothing else would come of it and by the next week they have more food in the drawers or by there register. I worked security so I seen a lot that went on in that store and for me being let go because i ate in the office not on the floor and they say integrity like they even know what itm eans because there are so many integrity issues that its ridiculous up there. Like one ime we told a manager about a associate who took food from the deli and did not pay for it and he told us he would take care of it and he didn't get coached he just told him to make sure he paid for his food next time. He kept his job because he was a good worker id what we were told and we told our boss and she said she would say something but they used to be partners and they have each others back always so i doubt she said anything at all. Like I said I was wrong for doing that but I don't understand when everyone is doing it and i am the only one whos gotten in trouble like that for it I see a problem. Any advice would help I know I put a lot into this but I jsut want to know if anything can be done. The company is Wal-Mart by the way.

 

[cbg]

For the record, I hate Wal-Mart. I would like nothing better than to be able to tell you that this is a wrongful termination.

But it's not.

Unless a specific law specifically prohibits an employer from terming you for the reason they did, it is not a wrongful term. Nor does any law require that all employees be treated exactly the same way, as long as they don't decide who gets treated how on the basis of a characteristic protected by law.

You have no way of knowing what may have transpired with other employees in private. It is, frankly, none of your business how other employees were disciplined.

 

[alishalove]

I've been reading posts on this board for a few days. and I have to say personally I'm so shocked at the lack of employer rights. Is it just me or anyone else? The acts and how some employees treat their employers amazes me.

So basically, correct me if I'm wrong, an employer can pretty much fire or discipline employees for any reason unless it's against the law and also discipline employees differently for the same offense? The only thing you can do as an employee is try to prove that another employee, not within the same protected class, committed the same offense but received lesser discipline? That even of itself seems so difficult and absurd to me. What if you are the only one being disciplined or fired for an act committed by many both those of the same protected class and not within the same protected class as yourself?

 

[ecmst12]

That is what at-will employment means. They don't need a good reason or any reason at all to terminate you, and they don't have to treat all employees exactly the same no matter what.

 

[justalayman]

you were already on a Decision day so that means you were already written up for some reason. Then you go and take a long lunch but expect to get paid for it.

I see no problem with them terminating you for the reasons they did.

and I hate wally world as much as anybody else so I am not saying what I am because I am in support of WM.

and if you want employee rights, join a union, a good union.

 

[alishalove]

and if you want employee rights, join a union, a good union.

SERIOUSLY! Pretty sad though I must say.

 

[commentator]

In the grim grey dawn of antiquity, when I begun my career in state Employment Services, I think I was pretty unbiased. I believed everyone was truly out to do the right thing, employers and employees alike.

Over the years, I will have to say that regardless of the many unworthy, useless, dishonest, lazy, undeserving workers I have dealt with, employers are by far the harder to deal with, the least reasonable and most determined to dodge their obligations. Why? Because money talks, folks. The man don't care, he's not running his business so you'll have a place to work, or to do good for the world. It's all about money.

The big box stores have just depersonalized it, and made a wholescale policy of giving the employees the least legal amount of consideration. (Sometimes much less than that!) The underpaid mini-managers at each store will be penalized if they're too decent and allow the employees to be treated too fairly and well.

We used to have an old guy who had a business in town who would periodically call up and demand that we sent him a good "Dollar and a half an hour man/woman!" That was all he wanted to pay them, but as he'd tell us, he wanted someone who'd work for him like he worked for himself!

"Won't it be wonderful when we all get to heaven," a small business owner recently asked me, "where we won't have all these dead-beats trying to get their hands on our tax dollars?" I asked him if he thought they'd work for free in heaven!

Every little piddling right, practice, policy that is now in place to make workers' lives better was put there because of some sort of union issue. If it were not for these unions, things would be much much worse for all employers in all states. Don't jive me that the employer would do the right thing if not forced by law. No way. We need all the laws now on the books, and strict enforcement of them.

Off soap-box. On to practical question. Go at once or call at once and file for your unemployment benefits. Tell them exactly why YOU were terminated. DO NOT bring up all these things about how other people were doing this and that and were not being disciplined, got away with it, etc. This is not related to you. If you have previously been written up, was it for the same issues? If not, it should not be an issue with your termination. If they have a certain policy concerning eating on the job, even if everyone was doing it, and you had received prior warnings about violating this policy, you probably will not be approved for benefits. However, if denied initially, go on and appeal it, just to keep them on their toes. Good luck. Walmart tends to have a very efficient disciplinary process IF they are wanting to get rid of you. The reason the others haven't been written up? They aren't ready to get rid of them yet. Have you by any chance been there longer, where you are having to be paid more? That could be a motivation to fire you. Not fair, but at least it's something that they do frequently.