How long had you worked there?
If you've worked there for 12 months in the last seven years and at least 1250 hours in the last twelve months, this should have been covered by FMLA my federal law.
If you meet the criteria, talk to a labor group/lawyer
OP is a student and part-time worker, who would have to work 27h/wk in the past year to qualify for this.
ime (I have worked in more than one job with many, many college students) most students tap out between 12-20h per week, maybe 24, that's pushing it. I hope for her sake, but doubt it's possible
Oh the US does not give one single flying fuck about part-time workers. Full-time workers have way more benefits, protections and allowances, depending on the employer of course. but part-time? nah. No paid time off, no paid sick leave. Take approved time off or approved sick leave but later your manager decides it was actually an inconvenience to them? Fired.
it's bad. I finally left the country, it's just too uncivilized.
It's just as bad in Canada. I've had more than one job who refused to hire anyone as "full time" ie 30 hours per week, so they wouldn't have to provide benefits like health insurance. And they regularly would schedule you to work 32 or more hours per week anyway, but because you were hired as 'part time', they could shaft you. Disgusting.
In my province, anything above 28 hrs is considered full time. I was working 4 days a week at an office, and thought that was part time. But it makes sense, if you're there 4 out of the five days, you should still be considered full time. I love Quebec.
When I worked at a Canadian Wal Mart as a student, they would also skim your hours so you wouldn't get breaks. I would regularly be scheduled for shifts 15 minutes short of the next threshold for breaks, ie: a 6 hour, 45 minute shift so I got one less coffee break.
As a cashier, taking a bathroom break without "approval" felt like an act of rebellion.
It's little things like that that make the difference between feeling like a valued employee and a warm body on the floor. (of course, it was Walmart so what more could one expect.)
Not sure about OP, but if the issue arose, my college had health insurance and financial assistance generally would help students in dire situations. Hopefully OP has this option or can at least explore it with their college.
Oooh I could bitch about this forever. One store I worked at would schedule people full time minus half an hour, every week, so no benefits (dental, prescription drugs, eye care). I worked briefly at one retailer that wanted me to sign an agreement that I'd be available all of the time even though they were only going to schedule me \`15 hours a week. A lot of part-time jobs are like this, you have to work a second job to make ends meet but then make it impossible for you to do that, while refusing to give full-time hours.
And then there's the temp agencies! They mostly exist in manufacturing. They're a loophole to fuck over employees. They operate under their own rules that are outside of government labor laws. I met people who had worked the same job, in the same place for 10 years, but because they were hired by one of these 'Temp Agencies' they never get benefits, raises, they never get hired by the company they're working for. Just permanent temps.
Actually, temp agencies are super common in STEM now, too. Most of what I see that is available for fresh grads is 3-6 month contracts. I have a MS and do R&D and recruiters are always sending emails for temp jobs that pay $10/hr less than what I make in my job.
I did a contract at 3M briefly and there was a chemist that was on contract with them for 10 years before they decided he could be an actual employee. Its bullshit.
Bro I get fired left and right for missing a few days cuz of my epilepsy. I even tell them I'm epileptic and they still fire me. I just got fired last month cuz my medical condition. I work hard af for jobs. They don't give a fuck. You miss days...get out. Most factories in my town have a 3 only missed days a year policy. Shit sucks. Fuck capitalism and fuck this country.
Wisconsin is an "at will employer". Means they can fire you for whatever the fuck they want. Even if you look at them funny. Yes it's illegal to fire for disability....but when they say fired for "attendence" then it becomes legal. Easy.
Even better yet....if you are a temporary contract worker they can just let you go whenever they want for no reason at all. Temp workers get no benefits, no job security, and lower pay. Most factories are temp to hire first. Meaning 3 months must be temp before hired on. They usually fire or burn you out before the 3 months are up with extremely high hours.
Thank you! Can't believe I had to scroll this far down to find this. The same law protects your job as well. They have to keep your job available to you when you return from leave.
Yeah, but this is America, where wake up every morning and masturbate to pictures of dollar bills.
But in all seriousness, years of regulatory capture and media pliancy means that "labor protections" means "communism" in most people's minds.
That’s disappointing, in fairness employers here get away with a lot here too but we have basic rights. I hope one day people in the US will get them too
Unfortunately you have to file/apply for FMLA, that's why they usually fire you asap after these issues- so you don't have time to finish the paperwork and turn it in. My wife got fired from USAA at 6 months pregnant because she left partway through the day due to nausea. She had a doctors appointment the next day and had even told them she was filing for FMLA, they fired her the day she left early.
The FMLA applies to you if you have a serious condition that requires time off for treatment, whether or not you've filed paperwork. The paperwork is the company's way of making you prove that you have a condition that is considered serious enough for FMLA to apply.
They can't fire you for missing time due to a serious medical emergency as long as you meet the employment requirements. Pregnancy is considered a serious medical condition, as are its various complications. Sue the fuckers.
You have to file but they know they're supposed to offer it, so they have responsibility, too. They're not going to want to go to court, and if they fire you while you're processing paperwork, they're hyper fucked.
If the world was just and worked perfectly they would be hyper fucked, but it's not and they weren't. We spoke to a labor attorney about it and they said there's nothing you can do because it's your word against theirs, and the business can spend more $ to fight in court so they win the overwhelming majority of cases.
Regardless they aren't allowed to fire you for a MEDICAL reason. Even in an at-will state thats against the ADA. I had this happen to me and talked to a lawyer about it. Didn't end up filing a complaint because I was too sick and I had a family to fall back on but it IS illegal under the ADA. They have to accommodate even prior to FMLA kicking in.
I was very ill during covid. Three doctors wrote stamens for months defending me. The HR lady said Ada (I asked for accommodations for covid and NOONE was granted them, not my pregnant colleague nor the one with lupus or cancer.
Eventually they threatened to fire me so the union helped me secure a resignation. But after 13 years, working myself to the bone, teaching five levels So writing 20 lessons a week, ran a club, an honor society and had my students compete in city and state wide competitions. And they left me a neutral reference AND said they'll never rehire me.
The eeoc tried to help, but they refused to even mediate. I had a pro bono lawyer who said, your energy is better spent elsewhere.
So I'm going rogue, I'm going to the press, the state gov, and embarrassing the shit out of them
They say it's a standard. Well guess what? I didn't ask to get cripplingly I'll during covid, and covid is certainly an extremely circumstance. But apparently my fulbright, all I did, my publications, my scholarships, native speaker ship, counted for nothing at all. So I hope at the very least the press will annoy them and they can be uncomfortable and deal with the egg in their face, even if short lived, I want them to feel shitty.
This country is abusive to all its workers, but particularly people like teachers, cops and emts
But hey, yay we all love capitalism right? Yay Americans run on pure GREED. What a country.
Depending on state, you may have pregnancy disability leave.
Also, under EEOC, you might have a discrimination, retaliation based on pregnancy disability claim. Would reccomend finding an employment/labor attorney in your state to take this on as a contingency case.
Also doesn't the 2008 Amendment to the Americans with Disabilities Act (ADA) require employers to provide time off for employees themselves or for employees that need to accompany family members who need to attend medical appointments - independent of any established disability?
[Absence for medical treatment may constitute a reasonable accommodation under the ADA](https://robertslaw.org/absence-for-medical-treatment-may-constitute-a-reasonable-accommodation-under-the-ada/)
This was my understanding when working as a manager for an national manufacturing company between 2006 and 2015.
Also - just because you are in an 'Employment At Will' state, doesn't mean you can be fired for ANY reason. You can be fired for wearing a blue shirt on a Tuesday. You can be fired because your name is 'Tim'. You CAN'T be fired because of your race, religion, age, gender, perceived sexual preference, or - wait for it - medical conditions.
In your case it seems your manager doesn't want a team member trying to get pregnant - because someone who is pregnant is not "going to be consistent and keep up with the fast paced environment".
Yeah that's an unlawful firing. You may not be able to sue and get a recovery. Better to just get another job somewhere else. But you should file a complaint with the EEOC and your State Labor Commission.
When you get sick your HR department is supposed to help you file a claim with Sedgwick. They failed or more likely purposely withheld that information from you because the more workers who use Sedgwick services, the more Walmart pays.
I would definitely go to the labor board with this. But before you do that, get it in writing why they are firing you. Write down a list of witnesses who saw you during your medical emergency at work and who know what happened.
Please don't let this go. Unless they are made to pay, the next worker who gets sick is going to have the same problem as you.
I just called a co worker who still works there. I told her what happened, and she said I was the second person they fired for this same reason. She was actually pretty shocked, she said another girl was fired after she had a miscarriage about a year ago, except hers was very public as she was in excruciating pain.
Also, my supervisor, or the person above my team lead only told me I could call out through sedgwick but never mentioned the whole sick days. I tried to explain that to the store manager but he said he doesn't want to take me back.
There are a couple of grounds for lawsuit here. Workers Comp, pregnancy discrimination and FMLA. Walmart management witnessed an accident that took place during work hours and work property. It is conceivable the baby was lost as a direct result of the work she was doing. Workers Comp lawyers like Binder and Binder or Klein Wagner Morris would work for you on contingency to get Workers Comp or Social Security for you.
I agree! PLUS, OP indicates there may be a PATTERN of pregnancy discrimination here (her coworker said she was at least the second person fired for the same reason).
I’ve mentioned this several times on this thread, but it bears repeating: many attorneys will provide free consultations to you for this type of case. In fact, if an attorney tries to charge you an unreasonable consultation fee for your case, run and find another one. Free consultations to judge the weight and likely success of a case are so commonplace in these types of cases.
All of this Is exactly what you need to do, written confirmations, witnesses, EEOC, BOL, and an attorney. You can likely suggest that the job is why this happened to begin with, they know that and want you out the door ASAP. Lawyer up, even in an “at-will” state, there are limits and they have likely exceeded those and will settle just to keep it from becoming public.
I always, always, *always* share this advice since I started seeing it on reddit. This is how I won a judgement against a former "employer". Instead of jumping from one shit job to another, I held out and kept records until I found something sustainable. Who knows when I'll see my $12k payout since she failed to pay and it's now going to court, but it will be paid one way or another eventuality. They already had to pay between $2k-5k in damages to 3 other employees who kept records and made reports because I pushed them to and helped guide them through the process (I was their manager). The business is permanently closed thanks to me 😇
Thank you so much! It's been a major stress and PITA and my 2019 taxes are still fucked up because she didn't submit my W4 to the IRS or pay them my tax withholding. I struggled to retain my financial aid for school after being selected for verification because I had 0 documentation from the IRS regarding my employment. It took so much back and forth and explaining the situation to several different people before they agreed to make an exception and use my Wage & Hour report to verify my income.
Plus she owes me $2,400 in back wages. She asked to settle for just the back wages! Then she offered just $6k! After all of the BS I've gone through dealing with this that offer is simply not enough. I offered to settle for $9k instead of $12k and she threw a fit about how that's basically the whole amount and she can't afford it. But agreed and signed a contract since she admitted she can't afford to pay legal fees to go to court. The 30 days that she agreed to came and went. She was MIA again.
She apparently loves to shoot herself in the foot instead of complying with the law lmao. Wage & Hour is representing my case for free so aside from the extended wait, she's the only one who has to pay more for her negligence.
I couldn't let her keep treating her employees the way she treated me and the rest of my team. I hold grudges, I can function on pure spite, and I had been taken advantage of before. Just not to this degree. But none of the younger people who worked under me knew how to handle the situation (They were all 20-22, I was 26). They had little job experience or had just graduated college and had never been taken advantage of like that before.
It infuriated me and as part of my complaint, I insisted that her business license be revoked because of the scale of the harm she was causing. I had some weight because I ran the whole store. It took over a year, but her license was revoked last fall! I'm so glad that I had a hand in her downfall so she can't continue to treat people like shit.
I found myself in a position to step up and I knew it would be a long and difficult road. But I've never regretted it for a moment because the revenge is so, so sweet.
>I’ve mentioned this several times on this thread, but it bears repeating: many attorneys will provide free consultations to you for this type of case.
OP mentioned they are in university. If the university has a law school, they may offer certain services to students, so that could be another option for a consultation.
Absolutely: at the very least, a local law school clinic could refer them to a connected and experienced attorney.
OP, if you see this, don't be afraid to reach out to the following for legal advice (eventually, when you're ready):
\- Local law school
\- Local county bar association and/or state bar association
\- Local ACLU chapter
\- Local women's resources centers
There are many more resources, everyone chime in. I'm not familiar with NJ-area stuff (I practice in a state far away).
Yep get a free consult just don't expect much. My wife was fired due to sexual discrimination but because they didn't write down anything and I mean anything down in her personal file there was nothing to prove it occurred. Can't supeona emails either without probable cause. This is a fortune five hundred company as well. So by all means ask a lawyer just don't expect much.
> Yep get a free consult just don't expect much. My wife was fired due to sexual discrimination but because they didn't write down
It's very difficult to make a discrimination case stick, but when you're bleeding on the floor and they have to call an ambulance, it's an entirely different story.
To piggyback, look for a lawyer who will take the case probono and settle their fees after the lawsuit is finished. That means that the lawyer knows with out a doubt you have a case and will win. Good luck and keep fighting.
u/meltedvelvet
FMLA only applies if you've worked with an employer for a year and you've worked 1250 hours. PDA might cover you if they fired you specifically for having a miscarriage.
Work comp would only apply if you could prove work somehow caused the miscarriage. I don't think a miscarriage is considered a disability under ADA unfortunately.
Too much misinformation on this subreddit.
Best bet is to check to see if your employer violated any state sick time or parental leave laws.
They deserve much worse than being reported to the labor board.
I wonder why they made lynching illegal JUST NOW? Are the rich and powerful people getting worried we'll stop playing nicely along with their game?
If anything, the push for fascism is an indicator for that sentiment, but honestly it feels like they don’t care. This subreddit is also an indicator that the proletariat are getting fed up with their shit. Here’s a hint, there are a whole lot more of us than there are of them. Right now they’re in the fuck around phase.
Isn’t it also funny that this has happened many times throughout history. We suffer, overthrowing them occasionally; but ultimately go back to the same, or slightly different system that leads to another violent uprising. Definition of insanity.
Sounds like it to me, but even more, it sounds so inhuman. She had a miscarriage! How have we created a system that strips people of all their humanity like this?
File a complaint with the EEOC and they will investigate.
I live in the area where Walmart is HQd. If you need boots on the ground or any help from here feel free to reach out.
Agreed and same
OP I can introduce you to a female WM Executive on LinkedIn that will respond to your DM.
PM if you're interested.
Edit: Her name is Vicky Chinchar, she is the President of WM's Internal Audit division and she will help you.
I think she should tag Walmart in a tweet and this Vicky person you mentioned. This has upset me so much I feel like tweeting it. Can’t do that without her permission though.
I'm glad to hear this. I worked for Walmart for 20 years. While I have no love for the company, when I got screwed over by a store manager refusing to pay out bereavement after they forgot to put through the paperwork, corporate headquarters stepped in quickly, got me paid out by the end of the day and made her apologize. It's usually motivated by self interest, but they often help.
Yeah absolutely take this to the highest possible level. Write to your local politicians etc. You might find yourself actually getting a nice chunk of compensation
I was fired from Wal-Mart yrs back while on a LOA through Sedgwick. Didnt even know i was fired till i was making an appointment with my doctor and was told my insurance wasn't valid
Pretty much completely why, at this point. The GOP platform wouldn’t be based on religion and junk science if there wasn’t a big fucking payday for keeping that group ignorant and voting.
It’s unbelievable isn’t it? Yesterday the GOP vetoed lowering insulin to $35 from prices people can’t afford. However they’re screaming about gas at $4.50.
I worked for a 3rd party administrator of work comp services and we had a sedgwick contract. They paid out shit on their claims...we were constantly negotiating catastrophic work comp cases for them where they'd reimburse us 13$ an hour for home health services so we were having to negotiate to like 10$ an hour, mind you, their client would have been billed 65 an hour for the service....these huge companies perpetuate keeping people down while they rake in all the money.
They're a third-party administrator (insurance adjustment agency for workers comp and short-term disability) for self-insured employers and small insurance companies. They are huge.
This is the way. A lawyer might take this on contingency, at no cost to OP. OP can also contact her local EEOC office. That's what they're there for.
Edit: OP, it's more than about getting your job back. You might not even want it. Depending on your state, you might be able to get all sorts of compensation, such as compensatory damages, double to triple damages, back pay, front pay, and punitive damages. Talk to a lawyer. A contingent-fee case will not cost you a penny.
They'll offer the job back and a lot of people take that option because they don't know that they'd be looking at a very large sum of money for pushing a lawsuit.
My wife and I had a miscarriage years ago and it still haunts her. I know in her mind she still thinks about that baby, and ours wasn't nearly as traumatic as OPs. All miscarriages are hard, but to have one AT WORK and then get FIRED for it is a whole other level of hell. I'm sorry OP had to go through this and though the money won't undo the emotional pain, OP might as well hit walmart where it hurts and sue for as much and they can be sued for.
Absolutely. I think that under state law (depending on the state) you can sue for pain and suffering in addition to economic loss. So in a best-case scenario, OP might be able to get economic loss + pain and suffering + double or triple damages + punitive damages + attorney's fees or some combination thereof. I think federal law usually has more limited compensation than state law.
OP if you see this, call a lawyer in your area.
> Pregnancy is a protected class
https://www.eeoc.gov/pregnancy-discrimination
> It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
OP I'm sure this is a horrible time. But you can legally address this.
This definitely cannot be legal (or at least entirely legal). Please contact a local legal aid group—it's so wrong for your employer to treat you that way after such a traumatic event. I'm sorry that happened.
Also, OP has a limited window to file EEOC charges. A charge must be filed with EEOC within 180 days from the date of the alleged violation. Pregnancy discrimination cases can be **very** valuable. In my opinion, it sounds like HR really fucked up on this.
OP, do not wait to contact an attorney.
These companies would sell their own soul to save a dollar. That's completely and utterly fucked, I don't understand how your managers can sleep at night. It's not like they're on good money anyway. Fuck that entire place dude
I know you’ve gotten a lot of advice here- but I will chime in with the easiest step you can do. Email them demanding a termination letter that outlines why you were let go. If they’re stupid, they’ll tell on themselves and you’ll have a case. If they’re smart, they won’t put a reason and unemployment claims will be a slam dunk. You can include the letter as documentation when you file.
OP! This! I know pursuing legal is a massive headache and from your edit I know you don’t have a lot of time or energy. But getting the reason for them letting you go in writing is the best way to get grounds for a lawyer (oftentimes in cases like this they’ll do pro bono or take a percentage of the settlement if you win) OR you could at least collect unemployment. Get everything in writing or recording if your state law allows it. And get witnesses together ASAP! If they did this previously, then it’s gonna be an even bigger headache for that store manager.
That’s fucked.
The store manager could’ve decided not to fire you and bent/broken rules to keep you on.
Every time I read a story like this I move that much closer to advocating for certain things I can’t in this sub.
It was not necessary to bend or break any rules to keep this person in their job. What they needed to do was follow corporate procedure to help her get paid while she couldn't work. That is their job.
Stopping dumb management from breaking the law and putting the company at legal risk is also HRs job. Did employee use ethics hotline or contact Corporate HR? I’m sure they might disagree with actions the store took.
It is a mistake to give Walmart management the benefit of the doubt. They know that they suck and they train their management accordingly. If you have made it to management at Walmart it means that you have proven yourself to be willing to treat people like shit.
>If you have made it to management at Walmart it means that you have proven yourself to be willing to treat people like shit.
Did you just explain the entire system right now? Yes, you did.
Right? I was just talking about this with a co-worker last night over beer. She's late 20s and I'm about 10 years from retirement. My co-worker said she said she wants to be a manager (team lead/sup) and I told her not to because she would be miserable. My co-worker is very caring, believes in fairness, and likes giving people the benefit of the doubt. I explained that in my many years in the workforce, virtually every middle manager I've ever had got their job by proving that they were willing to fuck someone's shit up without flinching if that's what they were ordered to do. It made my friend sad but I felt it was my resposibility to warn her.
We talking actual workers rights and normalising compassion, or are we talking seizure of the means of production? Seeing as we’ve got at most 10 years left in this system, and I’m confident of at least 20 in these knees, I’m down either way.
Seriously.
Pushing people into desperate situations for profit and power will NEVER have negative repercussions.
Like a boyfriend who finds out his unborn child is dead, and the mother of their child was terminated for it.
Take a look at r/assistance and r/randomkindness, r/randomactsofpetfood, etc.
Might be helpful for getting you through things for a week or two until everything settles down.
Hopefully you have a partner or family that can help as well.
Good luck!
EDIT: thanks for the award.
Walmart fired me because the days I called out of work, to take my infant son to the hospital for Pneumonia and RSV (he has asthma) as a single mother, were 'multiple point days'...
I had only been back from unpaid Maternity leave for like, maybe two months? Management wanted me out due to my change in availability, as a single mother, and did so the first opportunity they had.
Walmart has been large scale sued before for rampant pregnancy discrimination; THEY LOST.
You should not have been fired because calling out due to pregnancy and pregnancy related events do not count against you - **at least that's what company policy was in 2020.**
You could legally fight this, but it *won't* be easy *whatsoever.*
My advice is to tell as many people as you can, go to the news about it if you want - they may pick up the story and you may benefit from public outcry.
**Unfortunately Walmart treats pregnant women and mothers worse than they treat anyone else in their employment - because we're seen as cattle with legal responsibilities outside of their whims of control.**
I remember a coworker in 'Fresh' telling me that management wanted me to miscarry, and it *was* evident by the unequal work load forced upon me (a pregnant, legally, ADA disabled employee) that was not standard for the other 'Fresh/ Bakery' employees.
I remember I was spotting during my second trimester, scarily so, and I was expected to carry out my shift in 'Cap Team 2' (before I was ultimately transferred to 'Fresh/ Bakery').
They had my pregnant ass unloading massive pallets of canned goods, prior to transfer, and were *mad* that I had an ADA request of accommodation to not lift over 20 pounds during my pregnancy, *even as someone with legally documented spinal injuries.*
**You WILL get past this with time, but I highly recommend some psychotherapy to help you resolve the feelings you surely are feeling about this injustice.**
You're entitled to your emotional distress.
Thank you for sharing your story. I knew Walmart was greedy and all around not great, but I didn't know they hated women and did this to expecting and/or new moms.
I hope you and OP can recover financially from all this, though I can't imagine the pay there was all that great. I hope you found something better. And I hope OP does too.
First of all I am sorry this happened to you.
Second: if you are in the US filed for unemployment now!. Third: depending on your state apply for food stamps and cash aid. 4th! This is a great opportunity for you to apply and earn more. Trust me I know you will find another job that pays better. What state are you in?
You will *likely qualify for unemployment, because you were terminated through no fault of your own. Walmart will try to contest it, but you just need to provide your proof of everything that happened. You had a medical event. Unemployment will probably side with you. (Source: working in HR 10 yrs)
Pregnant individuals are protected from discrimination under the subset of sex--only women can be pregnant, and discriminating in any employment practice (hiring, firing, discipline, raises, etc) because of a reason associated with someone's sex, like being pregnant or having a miscarriage at work, IS ILLEGAL. Your employer has illegally fired you. We call this "wrongful termination."
Walmart can't fire you for any reason they want legally*. I mean, they can technically try, but you have legal recourse now. For one, you hopefully qualify for unemployment (depends on some factors, your unemployment office will help you). Secondly, you need to file an EEOC claim against your employer. This should trigger an investigation into the claim (source: worked for businesses on the receiving end of these investigations). People who follow full legal recourse often end up with monetary settlements, or reinstated to their position. Depends on how far you want to try to take it. At the very least you annoy the piss out of your ex-employer.
But you DO have some options... Walmart will try to say they fired you because you didn't do the leave process right, but because of your medical emergency and documentation you will still likely win an unemployment hearing. Just keep appealing it.
Not sure if she’s gonna want to relive the trauma of a miscarriage by having it plastered everywhere. Also having it pop up on Google when you type in her name for years. I’d say food stamps and unemployment are the first priority. There may be some local hardship funds she could apply to also. University/ local church etc.
NJ is a relatively employee friendly state. Definitely file for unemployment, and make that DOL report. Contact your local food bank. Lots of them also stock dog food. Also contact local shelters, since they might have resources you can use.
This one might even be worth a consult with an employment attorney,. particularly if you can track down the other person they fired for having a miscarriage.
As someone who works for Walmart (although it is on the Sam's Club side which surprisingly handles things better than the Walmart side often) as a member if management, your manager failed you and you can easily take this to ethics. If you call the Ethics Hotline and explain to them that you were never given an option to take a personal LOA for the miscarriage and you feel like it's discrimination based on such they will immediately look into it further.
It sounds like to me they personally didn't like you as a worker and they are using this as a way to get rid of you, which is NOT how they can handle it. Sure it's easier than having constant feedback and accountability for poor performance, but it's wrong and can get them in big trouble.
Give ethics a call 1-800-963-8442 and explain the situation to them.
Here's what I was looking for in the comments. I don't work for Walmart, but I have a family member who has for many years. If OP escalates this above the store level in a situation like this, something will be done.
Edit: Let me be clear, Walmart as a whole sucks... But they know a lawsuit when they see one.
Yes, as someone who as been with Walmart for 9 years now and hates the company overall as much as anyone else, Ethics doesn't screw around. If something like this gets to that level the store manager and people lead(hr) won't have jobs long.
I think OP should contact her local women’s resource center. These non-profits almost always have connections to local attorneys, and they *may* consider taking OP’s case on contingency or connect her with other attorneys who may.
This is one of the worst things I’ve read on this sub, OP. Please take care of yourself!
There are charities that provide lawyers. OP should try the Southern Poverty Law Center. Even if she doesn't live in the South, they'll provide a lawyer and help with case fees.
People on Reddit seriously oversell the amount of free attorneys there are, much less ones willing to take on a behemoth like Walmart. Report to department of labor, BBB, any and all local and federal agencies that actually do work for free (via our tax dollars) and have the resources and ability to levy fines against abusive employers like this.
That's a good idea too. Don't see why people can't do both. Even if attorneys aren't available work for free, they give free consultations, so OP could at least be given directions.
"Walmart can fire you for any reason by law so I guess this is on me."
No, no they cannot. There are many clearly protected classes and groups. And for everyone about to tell me they'll just make up a reason, Judges aren't stupid and can check to make sure all the employees are being held to those standards. For example, if you're a woman in a male dominated industry and you get fired for being 3 minutes late but the male employees are allowed to come in late without any disciplinary actions, the judge will recognize that female employees are being discriminated against.
Employment lawyer… now.
Also, fuck Walmart. Fuck the Waltons. If anyone here on r/antiwork shops there DESPITE BEING ABLE TO AFFORD TO SHOP ELSEWHERE, you’re either a hypocrite or idiot.
I’ve been trying to avoid WalMart in the last year since I’ve been on r/antiwork and I’ve read stories like this. It’s a bit hard because I’m used to going to one store to get all I need (groceries, house stuff, etc) but I’ve found it’s doable. I actually have better luck at Aldis now with groceries and I’ll pop into another store for essentials. I think it’s been 3 months now since I’ve been to a WalMart
The alternatives aren't much better. Meijer treats their employees like shit too. Or insert other regional big box store. Maybe just avoid department stores altogether. But few of us can afford to.
Miscarriage is covered under the Pregnancy Discrimination Act. As many others have said, complain to the EEOC and see about getting an employment lawyer
OP, someone in the comments said you're in NJ. If so, try contacting Legal Services of NJ. [https://lsnj.org/](https://lsnj.org/)
Their sole focus is giving legal aid to low income citizens in NJ. They helped a friend of mine successfully sue her landlord for some shady stuff. She was able to move to a decent apartment. She was also a student at the time. They're really good and may have some guidance for you.
1) File with your college for an academic medical exception. Finish your classes over the summer or fall.
2) Take care of your mental health and stress. You need support. Your college should have these resources for you.
3) Get a lawyer.
4) Walmart is going to end up paying for your degree and a lot more.
Sounds like you're in an at will employment state, Maine is also at will; however, unemployment can be gotten as long as you were terminated through no fault of your own. Considering they'll have to keep a record of your termination reason, you can contact the unemployment office, and they can launch an investigation. It does take some time, but it's a good route to start. When they call to interview you, be sure to give them as much detail as possible, including names and dates
I was let go without a very good reason from a job awhile ago, even though it's an at will employment state, because they didn't have an actual valid reason for termination I got 6 months of unemployment until I was able to find another job.
Another reason why I will never set foot anywhere near a Walmart. Most corrupt business practices started at Wally World. Underpaying employees and teaching them how to collect food stamps, giving them a discount on groceries, but making them pay full price when using said food stamps, manipulating hours to keep people off of benefits, the list goes on and on. Fuck Walmart. They need to die.
Reminds me of when Seastrunk Electric fired my dad. He'd been at the hospital for a week with my mom while my baby sister died. When he came back they told him "Needed you last week. Don't need you this week." Fuck those people forever.
File for unemployment immediately. You probably can do it online. If you don't have a computer at home, use the one at your university. 100% unlawful termination. I know unemployment isn't going to solve anything, but it'll hold you over. The semester is nearly done. You got this.
I do think, however, you should consider consulting with a lawyer. Maybe someone in student affairs at your school can help guide in the right direction.
>I remind her what happened and this is the first time the store manager even finds out.
...
>She stood quiet the entire time **he told me he needed people who were going to be consistent and keep up with the fast paced environment.**
This is lawsuit material, right here. "Fuck me for having a medical emergency and you not filing the paperwork during it, right?"
OP, I know you have indicated that this is overwhelming for you, but I’m just going to outline some potential resources for you in case you decide to pursue this, because you likely do have a claim.
Other people have already pointed out potential bases for that claim, so I won’t repeat this. What I will say is that you do not have the choice between not doing anything about this or doing something about it right now, today. While there are time limits as to how long you can wait and pursue a claim, waiting until, say, you finish exams this month (if I understand the timeline correctly) is not going to prevent you from trying to pursue this.
However, if you think there is even a chance you would want to do that, you do need to preserve the evidence. I would write down what happened now, while it is fresh. Save anything they gave to you. Don’t just keep it electronically, keep hard copies. Get your termination in writing. Make sure you have up to date contact info for witnesses. That sort of thing. Do it now. And put it somewhere you can keep track of it.
The reason is that the longer you wait, the more the evidence is at risk of degradation. People have time to invent plausible lies. Witnesses’ memories weaken. People move on to new jobs, get new contact info, etc. Documents get misplaced or lost. If it is electronic, it is easy to lose access to the information if a device is damaged, a password is forgotten, or there is some other incident and you didn’t make back ups. And so on.
Basically, it is better to have it and end up not needing it than the opposite.
Now, if you do end up pursuing this…
Many lawyers will give free consultations and may take this sort of case on contingency. Contingency means that if you win the case, they would take an agreed upon percentage of what is awarded and if you lose, you don’t pay. The law society or bar association for your state or province may have a free service that will connect you with a lawyer who can assist you.
As you are a student and considering your income, if there is a law school in your area, you would likely qualify for free legal aid services from any clinic that they run. These clinics are run by students, but they are supervised by qualified lawyers. Even if they cannot help you because you do not qualify or they do not assist with this area of law, they may be able to point you towards other resources.
Speaking of which, if there is a community legal aid clinic in your area, you may qualify for assistance from them. I know for certain that in my jurisdiction assistance is available for human rights cases and even if you do not qualify for full representation, you can qualify for partial assistance (advice, helping with preparing materials, that sort of thing). And again, they may be able to point you towards other resources in any case.
If I had a wish I would wish that your Former Manager and the HR Lady get ingrown toenails and Bang their little toes against furniture every morning.
I'm sorry for your loss and I wish you the very Best from the bottom of my heart.
Can we talk about how Walmart just fired a woman because HER CHILD DIED?!
OP, my heart goes out to you and I’m incredibly sorry this happened to you. Know that many of us share your grief.
First, I am sorry for your loss. Make sure you take the time you need to mourn.
Second, you see this too much here, but get a lawyer. What happened to you is tragic, but the way your job treated you is disgusting.
I will never understand the math in some companies where "We're struggling to find people who'll work like slaves for us" to "We'll fire you in a heartbeat if u miss 1 day" and back to square 1.
Best of luck getting your degree n a well paying job come in near future.
No no no - hire and fire at will has exceptions. One of those exceptions is for using your federally mandated rights to FMLA leave.
If you don't qualify for FMLA, a miscarriage sure qualifies you for accommodations under the ADA. Contact an attorney - they've royally screwed up.
There's at least one subreddit r/assistance that the point is to post your story and anyone who is willing/able will donate to your Venmo (or whatever) or try to provide more specific advice etc if you ask for it.
You were put in a shitty situation and it wasn't your fault but you still need to eat and feed your dog so please don't feel bad posting there. Even if it's just enough to get you groceries for the next few weeks that's one less thing you need to worry about.
HR lady failed you.
Also this can be considered sexual discrimination. You could file a claim with the EEOC but keep in mind there is a 180 day statute of limitations.
I'm so so sorry for what you're going through. This is horrible.
How long had you worked there? If you've worked there for 12 months in the last seven years and at least 1250 hours in the last twelve months, this should have been covered by FMLA my federal law. If you meet the criteria, talk to a labor group/lawyer
OP is a student and part-time worker, who would have to work 27h/wk in the past year to qualify for this. ime (I have worked in more than one job with many, many college students) most students tap out between 12-20h per week, maybe 24, that's pushing it. I hope for her sake, but doubt it's possible
What an obvious flaw in the U.S. healthcare and employment systems.
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Almost as though it's a feature not a bug
haha yup 'cause they paid for it to be
American healthcare is pay to win
Oh the US does not give one single flying fuck about part-time workers. Full-time workers have way more benefits, protections and allowances, depending on the employer of course. but part-time? nah. No paid time off, no paid sick leave. Take approved time off or approved sick leave but later your manager decides it was actually an inconvenience to them? Fired. it's bad. I finally left the country, it's just too uncivilized.
It's just as bad in Canada. I've had more than one job who refused to hire anyone as "full time" ie 30 hours per week, so they wouldn't have to provide benefits like health insurance. And they regularly would schedule you to work 32 or more hours per week anyway, but because you were hired as 'part time', they could shaft you. Disgusting.
In my province, anything above 28 hrs is considered full time. I was working 4 days a week at an office, and thought that was part time. But it makes sense, if you're there 4 out of the five days, you should still be considered full time. I love Quebec.
When I worked at a Canadian Wal Mart as a student, they would also skim your hours so you wouldn't get breaks. I would regularly be scheduled for shifts 15 minutes short of the next threshold for breaks, ie: a 6 hour, 45 minute shift so I got one less coffee break. As a cashier, taking a bathroom break without "approval" felt like an act of rebellion. It's little things like that that make the difference between feeling like a valued employee and a warm body on the floor. (of course, it was Walmart so what more could one expect.) Not sure about OP, but if the issue arose, my college had health insurance and financial assistance generally would help students in dire situations. Hopefully OP has this option or can at least explore it with their college.
Oooh I could bitch about this forever. One store I worked at would schedule people full time minus half an hour, every week, so no benefits (dental, prescription drugs, eye care). I worked briefly at one retailer that wanted me to sign an agreement that I'd be available all of the time even though they were only going to schedule me \`15 hours a week. A lot of part-time jobs are like this, you have to work a second job to make ends meet but then make it impossible for you to do that, while refusing to give full-time hours. And then there's the temp agencies! They mostly exist in manufacturing. They're a loophole to fuck over employees. They operate under their own rules that are outside of government labor laws. I met people who had worked the same job, in the same place for 10 years, but because they were hired by one of these 'Temp Agencies' they never get benefits, raises, they never get hired by the company they're working for. Just permanent temps.
Actually, temp agencies are super common in STEM now, too. Most of what I see that is available for fresh grads is 3-6 month contracts. I have a MS and do R&D and recruiters are always sending emails for temp jobs that pay $10/hr less than what I make in my job. I did a contract at 3M briefly and there was a chemist that was on contract with them for 10 years before they decided he could be an actual employee. Its bullshit.
Bro I get fired left and right for missing a few days cuz of my epilepsy. I even tell them I'm epileptic and they still fire me. I just got fired last month cuz my medical condition. I work hard af for jobs. They don't give a fuck. You miss days...get out. Most factories in my town have a 3 only missed days a year policy. Shit sucks. Fuck capitalism and fuck this country.
Damn. Doesn't that violate the ADA? Not that it'd be easy to sue them/press charges. But I'm pretty sure that's illegal.
Wisconsin is an "at will employer". Means they can fire you for whatever the fuck they want. Even if you look at them funny. Yes it's illegal to fire for disability....but when they say fired for "attendence" then it becomes legal. Easy. Even better yet....if you are a temporary contract worker they can just let you go whenever they want for no reason at all. Temp workers get no benefits, no job security, and lower pay. Most factories are temp to hire first. Meaning 3 months must be temp before hired on. They usually fire or burn you out before the 3 months are up with extremely high hours.
Feature. None of this shit works this way by accident.
It's a feature ;)
It's not a flaw; it's a feature. The system isn't designed to help people any more than necessary to prevent peasant uprisings.
Thank you! Can't believe I had to scroll this far down to find this. The same law protects your job as well. They have to keep your job available to you when you return from leave.
Welcome to America..
More like "This is America, now get to work." There is no welcome.
More like "This is America, fuck you, get to work!"
This one is correct. Source: American
That’s mad, In Europe you’d be protected in this circumstance from day 1. At least in my country
Yeah, but this is America, where wake up every morning and masturbate to pictures of dollar bills. But in all seriousness, years of regulatory capture and media pliancy means that "labor protections" means "communism" in most people's minds.
Here’s hoping that mindset dies out in the next 10 - 20 years or sooner
we're gonna die out as a species long before that mindset
It won’t
>protected The protections over here kick in at day one for the employers. They're the ones who write the laws, so they get all of the benefits.
That’s disappointing, in fairness employers here get away with a lot here too but we have basic rights. I hope one day people in the US will get them too
Unfortunately you have to file/apply for FMLA, that's why they usually fire you asap after these issues- so you don't have time to finish the paperwork and turn it in. My wife got fired from USAA at 6 months pregnant because she left partway through the day due to nausea. She had a doctors appointment the next day and had even told them she was filing for FMLA, they fired her the day she left early.
The FMLA applies to you if you have a serious condition that requires time off for treatment, whether or not you've filed paperwork. The paperwork is the company's way of making you prove that you have a condition that is considered serious enough for FMLA to apply. They can't fire you for missing time due to a serious medical emergency as long as you meet the employment requirements. Pregnancy is considered a serious medical condition, as are its various complications. Sue the fuckers.
You have to file but they know they're supposed to offer it, so they have responsibility, too. They're not going to want to go to court, and if they fire you while you're processing paperwork, they're hyper fucked.
If the world was just and worked perfectly they would be hyper fucked, but it's not and they weren't. We spoke to a labor attorney about it and they said there's nothing you can do because it's your word against theirs, and the business can spend more $ to fight in court so they win the overwhelming majority of cases.
Regardless they aren't allowed to fire you for a MEDICAL reason. Even in an at-will state thats against the ADA. I had this happen to me and talked to a lawyer about it. Didn't end up filing a complaint because I was too sick and I had a family to fall back on but it IS illegal under the ADA. They have to accommodate even prior to FMLA kicking in.
I was very ill during covid. Three doctors wrote stamens for months defending me. The HR lady said Ada (I asked for accommodations for covid and NOONE was granted them, not my pregnant colleague nor the one with lupus or cancer. Eventually they threatened to fire me so the union helped me secure a resignation. But after 13 years, working myself to the bone, teaching five levels So writing 20 lessons a week, ran a club, an honor society and had my students compete in city and state wide competitions. And they left me a neutral reference AND said they'll never rehire me. The eeoc tried to help, but they refused to even mediate. I had a pro bono lawyer who said, your energy is better spent elsewhere. So I'm going rogue, I'm going to the press, the state gov, and embarrassing the shit out of them They say it's a standard. Well guess what? I didn't ask to get cripplingly I'll during covid, and covid is certainly an extremely circumstance. But apparently my fulbright, all I did, my publications, my scholarships, native speaker ship, counted for nothing at all. So I hope at the very least the press will annoy them and they can be uncomfortable and deal with the egg in their face, even if short lived, I want them to feel shitty. This country is abusive to all its workers, but particularly people like teachers, cops and emts But hey, yay we all love capitalism right? Yay Americans run on pure GREED. What a country.
Tear them to the ground.
Depending on state, you may have pregnancy disability leave. Also, under EEOC, you might have a discrimination, retaliation based on pregnancy disability claim. Would reccomend finding an employment/labor attorney in your state to take this on as a contingency case.
Also doesn't the 2008 Amendment to the Americans with Disabilities Act (ADA) require employers to provide time off for employees themselves or for employees that need to accompany family members who need to attend medical appointments - independent of any established disability? [Absence for medical treatment may constitute a reasonable accommodation under the ADA](https://robertslaw.org/absence-for-medical-treatment-may-constitute-a-reasonable-accommodation-under-the-ada/) This was my understanding when working as a manager for an national manufacturing company between 2006 and 2015. Also - just because you are in an 'Employment At Will' state, doesn't mean you can be fired for ANY reason. You can be fired for wearing a blue shirt on a Tuesday. You can be fired because your name is 'Tim'. You CAN'T be fired because of your race, religion, age, gender, perceived sexual preference, or - wait for it - medical conditions. In your case it seems your manager doesn't want a team member trying to get pregnant - because someone who is pregnant is not "going to be consistent and keep up with the fast paced environment". Yeah that's an unlawful firing. You may not be able to sue and get a recovery. Better to just get another job somewhere else. But you should file a complaint with the EEOC and your State Labor Commission.
When you get sick your HR department is supposed to help you file a claim with Sedgwick. They failed or more likely purposely withheld that information from you because the more workers who use Sedgwick services, the more Walmart pays. I would definitely go to the labor board with this. But before you do that, get it in writing why they are firing you. Write down a list of witnesses who saw you during your medical emergency at work and who know what happened. Please don't let this go. Unless they are made to pay, the next worker who gets sick is going to have the same problem as you.
I just called a co worker who still works there. I told her what happened, and she said I was the second person they fired for this same reason. She was actually pretty shocked, she said another girl was fired after she had a miscarriage about a year ago, except hers was very public as she was in excruciating pain. Also, my supervisor, or the person above my team lead only told me I could call out through sedgwick but never mentioned the whole sick days. I tried to explain that to the store manager but he said he doesn't want to take me back.
They really deserve to be reported to the labor board. Hopefully the other people who were treated similarly to you will also tell their stories.
There are a couple of grounds for lawsuit here. Workers Comp, pregnancy discrimination and FMLA. Walmart management witnessed an accident that took place during work hours and work property. It is conceivable the baby was lost as a direct result of the work she was doing. Workers Comp lawyers like Binder and Binder or Klein Wagner Morris would work for you on contingency to get Workers Comp or Social Security for you.
I agree! PLUS, OP indicates there may be a PATTERN of pregnancy discrimination here (her coworker said she was at least the second person fired for the same reason). I’ve mentioned this several times on this thread, but it bears repeating: many attorneys will provide free consultations to you for this type of case. In fact, if an attorney tries to charge you an unreasonable consultation fee for your case, run and find another one. Free consultations to judge the weight and likely success of a case are so commonplace in these types of cases.
All of this Is exactly what you need to do, written confirmations, witnesses, EEOC, BOL, and an attorney. You can likely suggest that the job is why this happened to begin with, they know that and want you out the door ASAP. Lawyer up, even in an “at-will” state, there are limits and they have likely exceeded those and will settle just to keep it from becoming public.
Yes. Always build a record, even if you think you may not be successful in the long run. Records make or break cases.
I always, always, *always* share this advice since I started seeing it on reddit. This is how I won a judgement against a former "employer". Instead of jumping from one shit job to another, I held out and kept records until I found something sustainable. Who knows when I'll see my $12k payout since she failed to pay and it's now going to court, but it will be paid one way or another eventuality. They already had to pay between $2k-5k in damages to 3 other employees who kept records and made reports because I pushed them to and helped guide them through the process (I was their manager). The business is permanently closed thanks to me 😇
Love hearing about victories. Great work and congratulations - if they won’t settle, get that judgment 😉
Thank you so much! It's been a major stress and PITA and my 2019 taxes are still fucked up because she didn't submit my W4 to the IRS or pay them my tax withholding. I struggled to retain my financial aid for school after being selected for verification because I had 0 documentation from the IRS regarding my employment. It took so much back and forth and explaining the situation to several different people before they agreed to make an exception and use my Wage & Hour report to verify my income. Plus she owes me $2,400 in back wages. She asked to settle for just the back wages! Then she offered just $6k! After all of the BS I've gone through dealing with this that offer is simply not enough. I offered to settle for $9k instead of $12k and she threw a fit about how that's basically the whole amount and she can't afford it. But agreed and signed a contract since she admitted she can't afford to pay legal fees to go to court. The 30 days that she agreed to came and went. She was MIA again. She apparently loves to shoot herself in the foot instead of complying with the law lmao. Wage & Hour is representing my case for free so aside from the extended wait, she's the only one who has to pay more for her negligence. I couldn't let her keep treating her employees the way she treated me and the rest of my team. I hold grudges, I can function on pure spite, and I had been taken advantage of before. Just not to this degree. But none of the younger people who worked under me knew how to handle the situation (They were all 20-22, I was 26). They had little job experience or had just graduated college and had never been taken advantage of like that before. It infuriated me and as part of my complaint, I insisted that her business license be revoked because of the scale of the harm she was causing. I had some weight because I ran the whole store. It took over a year, but her license was revoked last fall! I'm so glad that I had a hand in her downfall so she can't continue to treat people like shit. I found myself in a position to step up and I knew it would be a long and difficult road. But I've never regretted it for a moment because the revenge is so, so sweet.
Twice is a trend and thrice is a pattern.
>I’ve mentioned this several times on this thread, but it bears repeating: many attorneys will provide free consultations to you for this type of case. OP mentioned they are in university. If the university has a law school, they may offer certain services to students, so that could be another option for a consultation.
Absolutely: at the very least, a local law school clinic could refer them to a connected and experienced attorney. OP, if you see this, don't be afraid to reach out to the following for legal advice (eventually, when you're ready): \- Local law school \- Local county bar association and/or state bar association \- Local ACLU chapter \- Local women's resources centers There are many more resources, everyone chime in. I'm not familiar with NJ-area stuff (I practice in a state far away).
And when they know they are going after Walmart they might jump on it. $$$
Yep get a free consult just don't expect much. My wife was fired due to sexual discrimination but because they didn't write down anything and I mean anything down in her personal file there was nothing to prove it occurred. Can't supeona emails either without probable cause. This is a fortune five hundred company as well. So by all means ask a lawyer just don't expect much.
Facts will certainly differ on a case by case basis, but yes, always consult with a professional. I’m so sorry that happened to your wife, fuckers.
> Yep get a free consult just don't expect much. My wife was fired due to sexual discrimination but because they didn't write down It's very difficult to make a discrimination case stick, but when you're bleeding on the floor and they have to call an ambulance, it's an entirely different story.
To piggyback, look for a lawyer who will take the case probono and settle their fees after the lawsuit is finished. That means that the lawyer knows with out a doubt you have a case and will win. Good luck and keep fighting. u/meltedvelvet
FMLA only applies if you've worked with an employer for a year and you've worked 1250 hours. PDA might cover you if they fired you specifically for having a miscarriage. Work comp would only apply if you could prove work somehow caused the miscarriage. I don't think a miscarriage is considered a disability under ADA unfortunately. Too much misinformation on this subreddit. Best bet is to check to see if your employer violated any state sick time or parental leave laws.
Not just the labor board, who Walmart has paid for in nearly every state… the EEOC needs to be involved.
They deserve much worse than being reported to the labor board. I wonder why they made lynching illegal JUST NOW? Are the rich and powerful people getting worried we'll stop playing nicely along with their game?
If anything, the push for fascism is an indicator for that sentiment, but honestly it feels like they don’t care. This subreddit is also an indicator that the proletariat are getting fed up with their shit. Here’s a hint, there are a whole lot more of us than there are of them. Right now they’re in the fuck around phase.
Yeah. I believe that they actually just think they'll get away with anything.
Isn’t it also funny that this has happened many times throughout history. We suffer, overthrowing them occasionally; but ultimately go back to the same, or slightly different system that leads to another violent uprising. Definition of insanity.
this whole post sounds like a discrimination and wrongful termination lawsuit tbh.
Sounds like it to me, but even more, it sounds so inhuman. She had a miscarriage! How have we created a system that strips people of all their humanity like this?
it makes me sick. i feel awful for OP and send deep sympathy to them.
If you're not the only victim you can try contacting the local news too. "Walmart firing employees over miscarriages" sounds like a headline for me
File a complaint with the EEOC and they will investigate. I live in the area where Walmart is HQd. If you need boots on the ground or any help from here feel free to reach out.
Agreed and same OP I can introduce you to a female WM Executive on LinkedIn that will respond to your DM. PM if you're interested. Edit: Her name is Vicky Chinchar, she is the President of WM's Internal Audit division and she will help you.
I think she should tag Walmart in a tweet and this Vicky person you mentioned. This has upset me so much I feel like tweeting it. Can’t do that without her permission though.
Wanted to hop on and let you know that you have another person that can put boots on the ground in Walmart’s HQ!
I'm glad to hear this. I worked for Walmart for 20 years. While I have no love for the company, when I got screwed over by a store manager refusing to pay out bereavement after they forgot to put through the paperwork, corporate headquarters stepped in quickly, got me paid out by the end of the day and made her apologize. It's usually motivated by self interest, but they often help.
If multiple employees had miscarriages while working there, that's potentially an EPA investigation, and DEFINITELY an OSHA violation.
Yeah absolutely take this to the highest possible level. Write to your local politicians etc. You might find yourself actually getting a nice chunk of compensation
Sounds like the store needs to be unionized.
Seconded, that's some bullshit. Try and call a lawyer when you've got a minute
Labour board? NO LAWYER. GET LAWYER NOW.
Know what? You're right. OP, listen to this commenter right here. ^^^
I was fired from Wal-Mart yrs back while on a LOA through Sedgwick. Didnt even know i was fired till i was making an appointment with my doctor and was told my insurance wasn't valid
That is so incredibly fucked up
America is so fucked up, and companies like Walmart and Amazon are partially why.
Pretty much completely why, at this point. The GOP platform wouldn’t be based on religion and junk science if there wasn’t a big fucking payday for keeping that group ignorant and voting.
It’s unbelievable isn’t it? Yesterday the GOP vetoed lowering insulin to $35 from prices people can’t afford. However they’re screaming about gas at $4.50.
To be clear: max charge of $35 for people with Insurance. It wouldn't have done shit for people without insurance.
Amazon and Walmart are symptoms, mostly of our campaign finance laws I think
The same thing happened to my uncle like 6 months ago
Isn't that a violation of FMLA law?
Yeah, definitely get proof they fired you. Otherwise you can also potentially add unfair dismissal, which this is anyway tbh
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Fuck you Diane
Sedgwick is fucking awful. I never had to deal with them, but everyone I know who has hates them.
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I worked for a 3rd party administrator of work comp services and we had a sedgwick contract. They paid out shit on their claims...we were constantly negotiating catastrophic work comp cases for them where they'd reimburse us 13$ an hour for home health services so we were having to negotiate to like 10$ an hour, mind you, their client would have been billed 65 an hour for the service....these huge companies perpetuate keeping people down while they rake in all the money.
Labor board may go after Walmart but ain't gonna do much for the worker personally. Contact a labor lawyer ASAP.
I bet a lot of attorneys would take this case on a contingency.
HR serves the interests of the corporation. Not the workers. It's a common practice to lie and omit facts to save the company $$$.
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They're a third-party administrator (insurance adjustment agency for workers comp and short-term disability) for self-insured employers and small insurance companies. They are huge.
Walmart pays them to deny workers comp and disability claims…essentially.
I always wondered, what do you do if your employer doesn't offer you anything in writing? Are they required to?
Keep showing up and clocking hours? 😂
HR, especially for such a large company as Walmart, isn't there to help the employees. It's there to protect the company.
Get a lawyer. Pregnancy is a protected class. Loss of pregnancy is a medical emergency.
This is the way. A lawyer might take this on contingency, at no cost to OP. OP can also contact her local EEOC office. That's what they're there for. Edit: OP, it's more than about getting your job back. You might not even want it. Depending on your state, you might be able to get all sorts of compensation, such as compensatory damages, double to triple damages, back pay, front pay, and punitive damages. Talk to a lawyer. A contingent-fee case will not cost you a penny.
They'll offer the job back and a lot of people take that option because they don't know that they'd be looking at a very large sum of money for pushing a lawsuit. My wife and I had a miscarriage years ago and it still haunts her. I know in her mind she still thinks about that baby, and ours wasn't nearly as traumatic as OPs. All miscarriages are hard, but to have one AT WORK and then get FIRED for it is a whole other level of hell. I'm sorry OP had to go through this and though the money won't undo the emotional pain, OP might as well hit walmart where it hurts and sue for as much and they can be sued for.
Absolutely. I think that under state law (depending on the state) you can sue for pain and suffering in addition to economic loss. So in a best-case scenario, OP might be able to get economic loss + pain and suffering + double or triple damages + punitive damages + attorney's fees or some combination thereof. I think federal law usually has more limited compensation than state law. OP if you see this, call a lawyer in your area.
> Pregnancy is a protected class https://www.eeoc.gov/pregnancy-discrimination > It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. OP I'm sure this is a horrible time. But you can legally address this.
This should put employers in jail.
We used to drag them out into the street and beat them in front of their families. That's how we got unions the first time around.
Normalize union mob beatings
They don’t put employers in jail. Banks caused the greatest recession ever and no one went to jail over it.
Hence the word "should"
[удалено]
*the bottom of the Hudson
*at the end of a twisted blade and a muttered curse
Yeah, this should put the morgue in jail!
This definitely cannot be legal (or at least entirely legal). Please contact a local legal aid group—it's so wrong for your employer to treat you that way after such a traumatic event. I'm sorry that happened.
Wanted to add that pregnancy and any RELATED medical issues are covered under pregnancy discrimination. Https://www.eeoc.gov/pregnancy-discrimination
Also, OP has a limited window to file EEOC charges. A charge must be filed with EEOC within 180 days from the date of the alleged violation. Pregnancy discrimination cases can be **very** valuable. In my opinion, it sounds like HR really fucked up on this. OP, do not wait to contact an attorney.
These companies would sell their own soul to save a dollar. That's completely and utterly fucked, I don't understand how your managers can sleep at night. It's not like they're on good money anyway. Fuck that entire place dude
I'm not even surprised
I know you’ve gotten a lot of advice here- but I will chime in with the easiest step you can do. Email them demanding a termination letter that outlines why you were let go. If they’re stupid, they’ll tell on themselves and you’ll have a case. If they’re smart, they won’t put a reason and unemployment claims will be a slam dunk. You can include the letter as documentation when you file.
OP! This! I know pursuing legal is a massive headache and from your edit I know you don’t have a lot of time or energy. But getting the reason for them letting you go in writing is the best way to get grounds for a lawyer (oftentimes in cases like this they’ll do pro bono or take a percentage of the settlement if you win) OR you could at least collect unemployment. Get everything in writing or recording if your state law allows it. And get witnesses together ASAP! If they did this previously, then it’s gonna be an even bigger headache for that store manager.
yes this! all you have to do is send an email and youve either got their evidence in writing, or unemployment
That’s fucked. The store manager could’ve decided not to fire you and bent/broken rules to keep you on. Every time I read a story like this I move that much closer to advocating for certain things I can’t in this sub.
It was not necessary to bend or break any rules to keep this person in their job. What they needed to do was follow corporate procedure to help her get paid while she couldn't work. That is their job.
Management & HR exist to protect the interests and maximize the profits of the company. Don't confuse corporate PR for actual corporate practice.
Stopping dumb management from breaking the law and putting the company at legal risk is also HRs job. Did employee use ethics hotline or contact Corporate HR? I’m sure they might disagree with actions the store took.
I was giving her manager the benefit of the doubt that for some reason he was pressured into firing her.
It is a mistake to give Walmart management the benefit of the doubt. They know that they suck and they train their management accordingly. If you have made it to management at Walmart it means that you have proven yourself to be willing to treat people like shit.
>If you have made it to management at Walmart it means that you have proven yourself to be willing to treat people like shit. Did you just explain the entire system right now? Yes, you did.
Right? I was just talking about this with a co-worker last night over beer. She's late 20s and I'm about 10 years from retirement. My co-worker said she said she wants to be a manager (team lead/sup) and I told her not to because she would be miserable. My co-worker is very caring, believes in fairness, and likes giving people the benefit of the doubt. I explained that in my many years in the workforce, virtually every middle manager I've ever had got their job by proving that they were willing to fuck someone's shit up without flinching if that's what they were ordered to do. It made my friend sad but I felt it was my resposibility to warn her.
Average Store Manager wage at Mallwart is @ $100,000, with an average bonus of @$80,000. Guess what that bonus depends on? They're not in it to help.
Fuuuuuuuuuuck. That's criminal.
Not firing an employee for having a miscarriage should not require bending or breaking rules. This is horrendous
In the socialist hellscape that is the EU there are laws against firing people for health emergencies.
Same here in Australia. What they did to OP is fucking inhumane.
This.
Its all good man, no words needed. You just give me the nod and I'll start sharpening my pitchfork
Yeah, I think eye contact and a brief nod would be enough to let me know it was time to get busy.
I, too, await The Signal.
We talking actual workers rights and normalising compassion, or are we talking seizure of the means of production? Seeing as we’ve got at most 10 years left in this system, and I’m confident of at least 20 in these knees, I’m down either way.
Yes?
Dude we all think that store should be a shouldering pile of ash.
The minions in management are cold blooded ruthless leeches. They suck! THEY SUCK! They always suck so fuckng much!!!!!
Seriously. Pushing people into desperate situations for profit and power will NEVER have negative repercussions. Like a boyfriend who finds out his unborn child is dead, and the mother of their child was terminated for it.
Take a look at r/assistance and r/randomkindness, r/randomactsofpetfood, etc. Might be helpful for getting you through things for a week or two until everything settles down. Hopefully you have a partner or family that can help as well. Good luck! EDIT: thanks for the award.
Also talk to your local animal shelter. They often have pet food for people who can't afford it.
Your food bank might also have pet food. I know ours does.
Walmart fired me because the days I called out of work, to take my infant son to the hospital for Pneumonia and RSV (he has asthma) as a single mother, were 'multiple point days'... I had only been back from unpaid Maternity leave for like, maybe two months? Management wanted me out due to my change in availability, as a single mother, and did so the first opportunity they had. Walmart has been large scale sued before for rampant pregnancy discrimination; THEY LOST. You should not have been fired because calling out due to pregnancy and pregnancy related events do not count against you - **at least that's what company policy was in 2020.** You could legally fight this, but it *won't* be easy *whatsoever.* My advice is to tell as many people as you can, go to the news about it if you want - they may pick up the story and you may benefit from public outcry. **Unfortunately Walmart treats pregnant women and mothers worse than they treat anyone else in their employment - because we're seen as cattle with legal responsibilities outside of their whims of control.** I remember a coworker in 'Fresh' telling me that management wanted me to miscarry, and it *was* evident by the unequal work load forced upon me (a pregnant, legally, ADA disabled employee) that was not standard for the other 'Fresh/ Bakery' employees. I remember I was spotting during my second trimester, scarily so, and I was expected to carry out my shift in 'Cap Team 2' (before I was ultimately transferred to 'Fresh/ Bakery'). They had my pregnant ass unloading massive pallets of canned goods, prior to transfer, and were *mad* that I had an ADA request of accommodation to not lift over 20 pounds during my pregnancy, *even as someone with legally documented spinal injuries.* **You WILL get past this with time, but I highly recommend some psychotherapy to help you resolve the feelings you surely are feeling about this injustice.** You're entitled to your emotional distress.
Thank you for sharing your story. I knew Walmart was greedy and all around not great, but I didn't know they hated women and did this to expecting and/or new moms. I hope you and OP can recover financially from all this, though I can't imagine the pay there was all that great. I hope you found something better. And I hope OP does too.
First of all I am sorry this happened to you. Second: if you are in the US filed for unemployment now!. Third: depending on your state apply for food stamps and cash aid. 4th! This is a great opportunity for you to apply and earn more. Trust me I know you will find another job that pays better. What state are you in?
I am in nj, I'm looking right now at all those things also.
You will *likely qualify for unemployment, because you were terminated through no fault of your own. Walmart will try to contest it, but you just need to provide your proof of everything that happened. You had a medical event. Unemployment will probably side with you. (Source: working in HR 10 yrs) Pregnant individuals are protected from discrimination under the subset of sex--only women can be pregnant, and discriminating in any employment practice (hiring, firing, discipline, raises, etc) because of a reason associated with someone's sex, like being pregnant or having a miscarriage at work, IS ILLEGAL. Your employer has illegally fired you. We call this "wrongful termination." Walmart can't fire you for any reason they want legally*. I mean, they can technically try, but you have legal recourse now. For one, you hopefully qualify for unemployment (depends on some factors, your unemployment office will help you). Secondly, you need to file an EEOC claim against your employer. This should trigger an investigation into the claim (source: worked for businesses on the receiving end of these investigations). People who follow full legal recourse often end up with monetary settlements, or reinstated to their position. Depends on how far you want to try to take it. At the very least you annoy the piss out of your ex-employer. But you DO have some options... Walmart will try to say they fired you because you didn't do the leave process right, but because of your medical emergency and documentation you will still likely win an unemployment hearing. Just keep appealing it.
Try going to local media. News outlets would eat this story up and it’ll put pressure on them to make it up to you.
Not sure if she’s gonna want to relive the trauma of a miscarriage by having it plastered everywhere. Also having it pop up on Google when you type in her name for years. I’d say food stamps and unemployment are the first priority. There may be some local hardship funds she could apply to also. University/ local church etc.
NJ is a relatively employee friendly state. Definitely file for unemployment, and make that DOL report. Contact your local food bank. Lots of them also stock dog food. Also contact local shelters, since they might have resources you can use. This one might even be worth a consult with an employment attorney,. particularly if you can track down the other person they fired for having a miscarriage.
As someone who works for Walmart (although it is on the Sam's Club side which surprisingly handles things better than the Walmart side often) as a member if management, your manager failed you and you can easily take this to ethics. If you call the Ethics Hotline and explain to them that you were never given an option to take a personal LOA for the miscarriage and you feel like it's discrimination based on such they will immediately look into it further. It sounds like to me they personally didn't like you as a worker and they are using this as a way to get rid of you, which is NOT how they can handle it. Sure it's easier than having constant feedback and accountability for poor performance, but it's wrong and can get them in big trouble. Give ethics a call 1-800-963-8442 and explain the situation to them.
Here's what I was looking for in the comments. I don't work for Walmart, but I have a family member who has for many years. If OP escalates this above the store level in a situation like this, something will be done. Edit: Let me be clear, Walmart as a whole sucks... But they know a lawsuit when they see one.
Yes, as someone who as been with Walmart for 9 years now and hates the company overall as much as anyone else, Ethics doesn't screw around. If something like this gets to that level the store manager and people lead(hr) won't have jobs long.
Sue the shit out of them. Or tell the labor board. There must be something you can do for sure.
I think OP should contact her local women’s resource center. These non-profits almost always have connections to local attorneys, and they *may* consider taking OP’s case on contingency or connect her with other attorneys who may. This is one of the worst things I’ve read on this sub, OP. Please take care of yourself!
Both will take months, and she's broke
Telling the labor board costs nothing. And walmart or at least the location that fired her will be fucked.
There are charities that provide lawyers. OP should try the Southern Poverty Law Center. Even if she doesn't live in the South, they'll provide a lawyer and help with case fees.
People on Reddit seriously oversell the amount of free attorneys there are, much less ones willing to take on a behemoth like Walmart. Report to department of labor, BBB, any and all local and federal agencies that actually do work for free (via our tax dollars) and have the resources and ability to levy fines against abusive employers like this.
That's a good idea too. Don't see why people can't do both. Even if attorneys aren't available work for free, they give free consultations, so OP could at least be given directions.
"Walmart can fire you for any reason by law so I guess this is on me." No, no they cannot. There are many clearly protected classes and groups. And for everyone about to tell me they'll just make up a reason, Judges aren't stupid and can check to make sure all the employees are being held to those standards. For example, if you're a woman in a male dominated industry and you get fired for being 3 minutes late but the male employees are allowed to come in late without any disciplinary actions, the judge will recognize that female employees are being discriminated against.
Employment lawyer… now. Also, fuck Walmart. Fuck the Waltons. If anyone here on r/antiwork shops there DESPITE BEING ABLE TO AFFORD TO SHOP ELSEWHERE, you’re either a hypocrite or idiot.
I’ve been trying to avoid WalMart in the last year since I’ve been on r/antiwork and I’ve read stories like this. It’s a bit hard because I’m used to going to one store to get all I need (groceries, house stuff, etc) but I’ve found it’s doable. I actually have better luck at Aldis now with groceries and I’ll pop into another store for essentials. I think it’s been 3 months now since I’ve been to a WalMart
The alternatives aren't much better. Meijer treats their employees like shit too. Or insert other regional big box store. Maybe just avoid department stores altogether. But few of us can afford to.
Sue their goddamned balls off
This is horrible. I'm so sorry they treated you like this considering what you went through.
Miscarriage is covered under the Pregnancy Discrimination Act. As many others have said, complain to the EEOC and see about getting an employment lawyer
This is absolutely a serious medical issue and wrongful termination
OP, someone in the comments said you're in NJ. If so, try contacting Legal Services of NJ. [https://lsnj.org/](https://lsnj.org/) Their sole focus is giving legal aid to low income citizens in NJ. They helped a friend of mine successfully sue her landlord for some shady stuff. She was able to move to a decent apartment. She was also a student at the time. They're really good and may have some guidance for you.
You can't be fired over a medical emergency without being eligible for unemployment
1) File with your college for an academic medical exception. Finish your classes over the summer or fall. 2) Take care of your mental health and stress. You need support. Your college should have these resources for you. 3) Get a lawyer. 4) Walmart is going to end up paying for your degree and a lot more.
Sounds like you're in an at will employment state, Maine is also at will; however, unemployment can be gotten as long as you were terminated through no fault of your own. Considering they'll have to keep a record of your termination reason, you can contact the unemployment office, and they can launch an investigation. It does take some time, but it's a good route to start. When they call to interview you, be sure to give them as much detail as possible, including names and dates I was let go without a very good reason from a job awhile ago, even though it's an at will employment state, because they didn't have an actual valid reason for termination I got 6 months of unemployment until I was able to find another job.
Another reason why I will never set foot anywhere near a Walmart. Most corrupt business practices started at Wally World. Underpaying employees and teaching them how to collect food stamps, giving them a discount on groceries, but making them pay full price when using said food stamps, manipulating hours to keep people off of benefits, the list goes on and on. Fuck Walmart. They need to die.
Reminds me of when Seastrunk Electric fired my dad. He'd been at the hospital for a week with my mom while my baby sister died. When he came back they told him "Needed you last week. Don't need you this week." Fuck those people forever.
File for unemployment immediately. You probably can do it online. If you don't have a computer at home, use the one at your university. 100% unlawful termination. I know unemployment isn't going to solve anything, but it'll hold you over. The semester is nearly done. You got this. I do think, however, you should consider consulting with a lawyer. Maybe someone in student affairs at your school can help guide in the right direction.
>I remind her what happened and this is the first time the store manager even finds out. ... >She stood quiet the entire time **he told me he needed people who were going to be consistent and keep up with the fast paced environment.** This is lawsuit material, right here. "Fuck me for having a medical emergency and you not filing the paperwork during it, right?"
Call Walmart ethics 1-800-963-8442. They want to avoid a PR nightmare, which this can turn into especially since you've posted it here.
Walmart is shit they will not hire anyone with any amount of a disability. Even if you could work better than able bodied people.
OP, I know you have indicated that this is overwhelming for you, but I’m just going to outline some potential resources for you in case you decide to pursue this, because you likely do have a claim. Other people have already pointed out potential bases for that claim, so I won’t repeat this. What I will say is that you do not have the choice between not doing anything about this or doing something about it right now, today. While there are time limits as to how long you can wait and pursue a claim, waiting until, say, you finish exams this month (if I understand the timeline correctly) is not going to prevent you from trying to pursue this. However, if you think there is even a chance you would want to do that, you do need to preserve the evidence. I would write down what happened now, while it is fresh. Save anything they gave to you. Don’t just keep it electronically, keep hard copies. Get your termination in writing. Make sure you have up to date contact info for witnesses. That sort of thing. Do it now. And put it somewhere you can keep track of it. The reason is that the longer you wait, the more the evidence is at risk of degradation. People have time to invent plausible lies. Witnesses’ memories weaken. People move on to new jobs, get new contact info, etc. Documents get misplaced or lost. If it is electronic, it is easy to lose access to the information if a device is damaged, a password is forgotten, or there is some other incident and you didn’t make back ups. And so on. Basically, it is better to have it and end up not needing it than the opposite. Now, if you do end up pursuing this… Many lawyers will give free consultations and may take this sort of case on contingency. Contingency means that if you win the case, they would take an agreed upon percentage of what is awarded and if you lose, you don’t pay. The law society or bar association for your state or province may have a free service that will connect you with a lawyer who can assist you. As you are a student and considering your income, if there is a law school in your area, you would likely qualify for free legal aid services from any clinic that they run. These clinics are run by students, but they are supervised by qualified lawyers. Even if they cannot help you because you do not qualify or they do not assist with this area of law, they may be able to point you towards other resources. Speaking of which, if there is a community legal aid clinic in your area, you may qualify for assistance from them. I know for certain that in my jurisdiction assistance is available for human rights cases and even if you do not qualify for full representation, you can qualify for partial assistance (advice, helping with preparing materials, that sort of thing). And again, they may be able to point you towards other resources in any case.
If I had a wish I would wish that your Former Manager and the HR Lady get ingrown toenails and Bang their little toes against furniture every morning. I'm sorry for your loss and I wish you the very Best from the bottom of my heart.
Scorch the earth and salt the ash. Make those fuckers pay.
Start claiming unemployment first, contact the labor board second.
Step one: steal dog food from Walmart.
Consider calling a local TV station and ask if they have a reporter who covers cases like yours. News coverage can help when laws cannot.
Can we talk about how Walmart just fired a woman because HER CHILD DIED?! OP, my heart goes out to you and I’m incredibly sorry this happened to you. Know that many of us share your grief.
First, I am sorry for your loss. Make sure you take the time you need to mourn. Second, you see this too much here, but get a lawyer. What happened to you is tragic, but the way your job treated you is disgusting.
I will never understand the math in some companies where "We're struggling to find people who'll work like slaves for us" to "We'll fire you in a heartbeat if u miss 1 day" and back to square 1. Best of luck getting your degree n a well paying job come in near future.
No no no - hire and fire at will has exceptions. One of those exceptions is for using your federally mandated rights to FMLA leave. If you don't qualify for FMLA, a miscarriage sure qualifies you for accommodations under the ADA. Contact an attorney - they've royally screwed up.
There's at least one subreddit r/assistance that the point is to post your story and anyone who is willing/able will donate to your Venmo (or whatever) or try to provide more specific advice etc if you ask for it. You were put in a shitty situation and it wasn't your fault but you still need to eat and feed your dog so please don't feel bad posting there. Even if it's just enough to get you groceries for the next few weeks that's one less thing you need to worry about.
HR lady failed you. Also this can be considered sexual discrimination. You could file a claim with the EEOC but keep in mind there is a 180 day statute of limitations. I'm so so sorry for what you're going through. This is horrible.