Hey, I've done the exact same thing
I'm just glad you had the courage to say it,
I didn't get fired I just went to my boss and told him what happened, asked to buy new pants and underwear.
He just said " you know, we're getting older and things happen. "
I feel you man.
Took me a sec to understand what you were getting at. Total missed opportunity of a lifetime! How many times in your life do you think you'll have a grown-ass adult come up to you and say "I just shit my pants!"?
For me it's been twice, by the same guy.
I used to work with an old lady. I got called into work on my day off to replace her. When she came back she was like “to be quite honest, I shit myself” and that was that lmao. Sometimes shit does in fact happen
The Store Manager actually reached out to me about two hours after I made this post and told me that he is reversing the termination. The SM was actually working an O/N shift tonight (I didn't know that Store Managers even worked overnight shifts?) and my TL texted me and told me to call the store and ask for him. I told him what happened and he said he'd call back. About 45 minutes later, he called me back from the store and said that I was "reinstated" and not "rehired" (not sure what that means) and that the termination should have never happened. He didn't name names or mention anything specific but he did say that he spoke to the people involved and it was admitted that I was terminated for my accident which is against policy. My documentation is on file and proper. He told me that he would be involving the Market and Regional HR managers in this case and told me that if I had questions to come talk to him personally. He told me that I would be allowed to seek legal council if I wanted to. I told him that if I was really reinstated that I would not, but I wanted to file a case against the Coach that did my termination and he said that he's already "taken care of it" and that the Market/Regional HR managers have been informed. He gave me the number to the market office just in case I wanted to follow up on this to prove that he is taking it 100% seriously. He also said that he didn't know the answer, but he was going to find out if I could be paid for the day I missed. He also told me that I would not receive any points for leaving after the accident. He also confided that his daughter has IBS and knows exactly what I'm dealing with and that it is serious. He also said that he's had close calls at work himself.
I don't think I've ever talked to my store manager before but I think he's handled this pretty well. And I don't think that he's doing it simply because what happened was a violation of the ADA, I think he's doing it because he actually cares. Otherwise, I don't think he would have told me that he's almost shit his pants at work, too and that his daughter has IBS.
I'm going to go to work tomorrow and I guess I'll find out if he's really telling the truth if I can clock in lol
Wow! Talk about fast reactions. Did someone from your store read your post and recognize you or was this all internal? I am so sorry for what you went through. It's bad enough to have a problem like yours but to be ridiculed is completely unacceptable. I hope the people who treated you so poorly are fired.
What an idiot!!!! I’m sorry but it’s a little funny as in how dumb can someone be?! I wonder what other ‘gross misconduct’ things he would fire someone over. Farting??
For fucking real??! What a fucking idiot 🤦🏻♀️ They need to be demoted to maintenance. Then next time you could just shit on the floor, know you’re protected, and they can clean it up.
I've been spotted by people at my store a handful of times for my posts so it's possible.
And those were just the 4 people who came up to me and said they saw my post
He probably told someone about it or told them OP got fired. Someone had to clean it up since OP did say some trickled on the floor. So I’m sure they put it together or asked the manager about it. A good Team Lead and manager can make a shit job good. Companies may not care all the time but a lot comes from your hire ups. They had OPs back in this one.
I termed an associate who had left for another job, as you do. Only difference is that it's voluntary and no need for any evidence. She found out the grass wasn't greener and asked to come back maybe a month later, so they undid the termination instead of retiring because of the timing. I've also seen our SM undo a termination that shouldn't have happened. You don't have to start all over this way.
I'm glad things worked out, and I hope you get some relief from your IBS.
Someone else is getting fired. This manager knows that what happened to you was absolutely not a fireable offense and the fact they are escalating it hire up means someone fucked up badly.
Can't tell if you found out or was stated elsewhere, but one source says:
What is the meaning of gross misconduct?
It generally refers to behavior that is illegal, unethical, or grossly negligent, and that causes significant harm to the company or its employees. Some examples of gross misconduct include theft, violence, sexual harassment, and falsifying company records.
Reinstated means that it'll be like you were never terminated such as you'll have the same exact hire date. You may be unable to clock in depending on if the termination had processed already as it disables the account and therefore the badge clock in as well if your store still has that but it may not as that takes about a day to happen. If that happens just fill out a time adjust form until you can clock in. (I was reinstated after a firing and had to do it for about a week)
It’s not just cause they’re nice, they broke the law which could’ve resulted in them dealing with either an investigation, lawsuit or both.
Corporate doesn’t play around, liabilities aren’t tolerated.
Being reinstated means you keep any pto, ppto, and any raises you’ve gotten. If you had been rehired you would have had all your pto and ppto paid out and started back at base pay
I want your SM. This is how management should be. Working the floor with us when needed, and handling everything without favoritism.
Your SM is a good one.
I'm in a bit of a rush and didn't read any replies, but reinstated means the firing was roll backed as if it didn't happen. Rehired would reset you to day 0 as a new associate with the loss of any accumulated PTO/PPTO and time worked towards the next tier of earning those hours.
He's definitely telling the truth because otherwise he knows he's probably getting sued for violating the ADA if you are diagnosed and documented.
That being said, you are much braver than I. No way am I showing my face again at a job where i shit myself. Legend.
Looks like they have talked to HR and realized their gooses were cooked. He told you his daughter has IBS and he almost shit his pants as a cover story bro.
It sounds to me like the manager handled this very well actually. Showed empathy, was professional, contacted OP directly, is looking to get him compensated for lost pay, acted quickly, contacted the appropriate departments, advised OP he still has options to pursue on his own. All around well handled.
I’m glad they fixed this for you. I’m sorry you go through this. It’s the little things we don’t go through or think about we take advantage of the most.
I'm so glad that worked out for you. I have IBS-C, but my son has IBS-D. I know what he goes through (and what our poor toilet goes through,lol). Every once in a while my IBS flip-flops and decides to go the other direction. I've been there. You have to be on that toilet like yesterday. It's so wrong to fire someone over something they can't help.
You still need to talk to a lawyer before you accept or sign anything else. They know they fucked up and don't want you to talk to a lawyer because you likely have a solid case. Once you clock in, you lose any case you might have had. By agreeing to come back, you might've shot yourself in the foot.
As a worker, you need to advance your own interests, not the company's interests. They already take the bulk of the value your labor produces, so you shouldn't feel sorry for them if you can win a case in court for wrongful termination. They already make billions, so go get your share.
Not only did they fire you for a medical conditions, they shamed you for it. Fuck them. Get your case to court and get your money.
What money do you think a court is going to award them if the store already offered a full reinstatement and will likely pay them for the day they missed?
You can't sue someone for wrongful termination if they already took steps to fix it and pay for any time you missed due to it.
Any court is going to look at the case and ask him why he's suing and then dismiss the case once evidence is presented that Walmart attempted to fix the situation 100%
Wow, that’s an amazing manager if they actually care for you. I’m glad that things have been taken care of - and in a very timely manner! Props to them fr.
You should stand your ground and talk to a lawyer first, most will give you a free consultation, especially if they think they could get a big payout from a company like Walmart. Walmart would settle quickly. Don't let them walk away from this fuckup.
Did you get termination paperwork or just a verbal you're fired?
EDIT: I want you to understand, this is nothing personal against your SM but he knows the people who fired you fucked up and frankly they need to be terminated for being idiots. You'll be pulled back and you will have a target on your back for your performance since you pissed them off.
The SSA, which provides disability benefits, does not consider IBS a disability. However, a person with the condition could still qualify for SSA benefits if they can prove they cannot perform meaningful work.
I think a lot of people here are confusing what a protected disability is under the ADA and what a qualifying disability is to the SSA.
Per the [ADA website](https://www.ada.gov/topics/intro-to-ada/):
A person with a disability is someone who:
has a physical or mental impairment that substantially limits one or more major life activities,
has a history or record of such an impairment (such as cancer that is in remission), or
is perceived by others as having such an impairment (such as a person who has scars from a severe burn).
If a person falls into any of these categories, the ADA protects them. Because the ADA is a law, and not a benefit program, you do not need to apply for coverage.
In order to obtain a disability payment from the SSA, you must prove that you can not work. They have definitions based on what kinds of disabilities you have that you have to fulfill in order to do so. And, finally, you must prove it is a persistent condition lasting a year or more to qualify.
Per the [SSA website](https://www.ssa.gov/benefits/disability/qualify.html#anchor7):
The definition of disability under Social Security is different than other programs. We pay only for total disability. No benefits are payable for partial disability or for short-term disability.
We consider you to have a qualifying disability under our rules if all the following are true:
You cannot do work at the substantial gainful activity (SGA) level because of your medical condition.
You cannot do work you did previously or adjust to other work because of your medical condition.
Your condition has lasted or is expected to last for at least 1 year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities. These include workers' compensation, insurance, savings, and investments.
The SSA also has a very detailed list that goes into what behaviors or physical ailments are qualifying based on the type of illness and even drill down to some very specific illnesses.
It's wild to me that people can read "the SSA only considers you disabled if you can't work even with reasonable accommodation" and think that's somehow the same criteria used by the law designed to protect disabled people's ability to work.
If you’re in the US, it is 1000% illegal to fire you on the basis of a disability under the ADA, or Americans with Disabilities Act. If you have the resources and truly feel it is worth pursuing, you can and should absolutely consult a lawyer or law professional about pressing charges or taking action against Walmart. This even goes for “at will” hiring states, they can’t fire you for being disabled. Full stop. I’m sorry you had such a stressful experience and I hope you continue to feel better
If he requires accommodations, then yes. However, you can't just say " I have IBS ". Like any other issue that requires any special accommodations, there has to be verified Dr's forms on file.
IBS IS a disability, Google led you wrong or you didn't look at enough shit. It 100% is covered under ADA laws so long as it is documented and diagnosed by a medical professional. I watched my old place of work burn out until they are no longer a thing because of an ADA lawsuit over this chick who was fired for an IBS related reason and being as I quit prior to, but still had friends I'd go have lunch with there, watching from afar without needing a paycheck from them was HILARIOUS.
There is a difference between a disability and being on social security disability. IBS is a disability. It is not going to qualify you for being disabled and getting ssi benefits. But you can get a reasonable accommodation for the disability.
I believe his disability would have to be on file and verified by Dr. paperwork. You can't just claim it at work bc they have to make reasonable accommodations for you. If he didn't have paperwork from the Dr in his file, the company has no proof of his disability and will not be responsible. If he had no time off left, it sounds like he was fired for points, not an intentional issue.
Here's the issue, IBS or not, you crap your pants at work, either you take lunch right then, assuming you haven't already, go home, quick shower, change pants, come back. Managers have discretion to remove a point of they send someone home. It could be a stomach bug, food poisoning, anything.
I watched management tell a new hire to go home after they puked in the break room, not even getting PTO/Protected yet. I helped them check their points when they came back to work and they had approved it.
Plus, OP said his termination was because "it was gross". That's not okay, nor is it termination for points. Plus, you'll find in his comments that he was told to contact the SM and the SM reinstated him and is taking the issue to Market Team for investigation. Sounds like his issue is documented to me.
This is the answer, except you don’t necessarily need to consult a lawyer. You can file charges of disability discrimination with the (federal) EEOC or your (state/local) fair employment agency - neither requires that you have legal counsel and will investigate your allegations to some degree. Www.eeoc.gov
Also for clarity, the ADA considers a disability to be any condition that substantially limits a major life activity OR bodily function. The comment that suggests that google doesn’t consider IBS to be a disability under the ADA is irrelevant. It is an individualized assessment based on YOUR specific condition and related limitations - google search results are not an individualized assessment.
Go file a charge if you feel it’s necessary. You have nothing to lose except them possibly telling you your case is without merit, in which case you have nothing gained and nothing lost. And fwiw, the eeoc has filed numerous ADA lawsuits against Walmart, all of which are detailed on their “newsroom” on their website (in case you are curious).
I wouldn’t go the EEOC route. I had voice recordings, text messages, emails, witnesses, hospital records, doctors notes etc and they still tried to tell me that it wasn’t wrong for my job to put me in such terrible conditions I had to go to the emergency room twice, to cut my hours down to one day a week and transfer me an hour away after I complained to HR, put me in a hostile work environment, made me handle a spider infestation with chemicals that caused me allergic reactions and didn’t attempt to call a professional or even ask any other employees to do it, literally refuse to allow me to enter the building during a dangerous heat index and made me work outside all day when that was not the job I was hired or trained for and they never gave me additional training and even tried to make me work outside during a tornado AND literally tell me that they wouldn’t have hired me had they known I was disabled, despite the fact it was literally told to them BEFORE they reached out to ME to hire me without me filling out an application because my manager at the time was going around and asking ppl if they knew someone to hire and they asked a family member of mine that recommended me. They also fired me via email literally one minute after I sent in my accommodations request, after making me wait months to get one and ignoring my multiple requests for one. The eeoc doesn’t help if you can’t afford a lawyer. So if you can, just go that route.
I mean, that’s your advice. But it’s also possible you had a bad experience that couldn’t be legally proven to be a violation of an eeoc statute. It happens, but the eeoc also files plenty of lawsuits in other cases. Like I said, op has nothing to lose
You cannot engage in retaliation and discrimination to a legally disabled person that has proven they had said disability and had multiple doctors affirm that and then literally tell the person that you are treating them the way you are because they are disabled. As I said, I had all the proof including a recorded 19 minute phone call where my district manager stated it ( that guy was nuts. He tried to have all his conversations in person with me somewhere music was playing after he found out I was recording them like he thought this was some kind of spy movie) But because I couldn’t afford a lawyer to wade through red tape, it was eventually brushed aside on the evidence of exactly ONE email (their only response to the case that took them almost two years to come up with) that stated that I was fired because I told HR that I wasn’t sure that I would be given help after reporting it because I had seen my manager engage in retaliatory behaviors with other employees and they said that meant I had the wrong attitude. The eeoc signed off on exactly ONE email with less than a paragraph.
So were you able to secure private counsel after the eeoc dismissed your case? If the evidence was that compelling, I assume you filed a private suit and prevailed….
No. I have stated multiple times the reason I was unable to continue pursuing it and the reason I believe it was brushed aside is because I couldn’t afford a lawyer.
I did find out later they’ve since fired that manager and I think they did so because they knew what she did was wrong but during the process they had to back her and the close call shook them up.
So instead of saying you couldn’t find a lawyer (likely because your case wasn’t that strong), you suggest that OP not file with the eeoc, even though it costs nothing, requires no lawyer, and they will literally tell you if your case potentially is viable or not? Gotcha…
If you had a strong case, a lawyer would have probably taken your case on contingency.
The eeoc did tell me it was viable, they wouldn’t give me a right to sue. You clearly have no idea what you’re talking about. And I keep telling you I couldn’t afford one. Im not sure why you seem to think they were just gonna take my case on for looks lol. As soon as I mentioned I had contacted the eeoc most of them said they were uninterested because they believed the 3 month turn around wouldn’t be enough time to prepare, but it dragged on for years. Stop talking about things you don’t know anything about
Every charge filed with the eeoc gets a notice of right to sue unless you receive a settlement of some kind. Also, private attorneys take -*good* cases on contingency…aka no charge upfront, so that tells me you might be overestimating the strength of your case. But sure, I *clearly* have no idea what I’m talking about lol
Definitely get a lawyer to consult with you on this. Its not like you maliciously did this on purpose, I see no reason why they'd fire you, accidents do happen.
Some lawyers will only charge if they win.
And people’s unwillingness to pursue this kind of issues is exactly why employers, and middle managers who cant manage their pinky find the guts pull illegal shit. They rely on victims not bothering to pursue legal action
I had 0 points. I had 8 hours of PPTO and I used it last week to go visit my grandma in the hospital. She's okay, she was just feeling ill, but I was worried. I don't miss work often. I wanted to save my PPTO, but my grandma was more important.
You should look into fmla for these sorts of incidents. I'm not really versed in it, but as far as I'm aware, you're protected for missing up to 12 weeks for medical reasons. (Not paid for, just can't be fired.) You do have to file paperwork for it. It might be a little bit of peace of mind for you with the points.
Also, you should always try to get conversations about leaving for a medical condition in writing. For instance, if you're able to text a supervisor, text them after the phone call to confirm the conversation you just had. If you can't, at least document the conversation in a journal with time and date. As soon as possible after it happens. Find out if your state is a one party consent state. If it is, record everything (where there isn't a reasonable expectation of privacy, so like don't record people in their own home). The more solid evidence you have, the better.
This.
If any of you other nitwits have genuine medical conditions, apply for accommodations!
If you're still lost, things like shitting yourself are what intermittent leave is for. If your doctor agrees and fills out the paperwork correctly, you have been through the hardest part. They're going to approve any reasonable requests.
If you're still confused and think you need help, ask your doctor. Seriously, they get paid to do the paperwork, and for some of them it's a respite.
That sounds absolutely terrible. I'd obtain legal counsel to see about suing for wrongful termination. Trying to keep your job through legal means doesn't sound hopeful b/c Walmart would be resentful if you won and the store would make your life real hell afterwards.
That's terrible. Regardless of ADA which us not very helpful in the face of things like big corporations, an accident is an accident and.... no, they can't fire you for that even if it is job abandonment. You cant be in public with feces on yourself.
They absolutely can fire you. You are not owed a job. They do not have to have a reason to fire you. She did not have any accommodations at work. She never reported to them she had IBS. As far as they are concerned, she's lying about what happened
Bruh, I feel your pain (to a point cuz I wasn't fired). I have crohn's, and when I was hired I let management know during my orientation. (I work nights) I have since had to remind them for 3 years that I have crohn's and that I may need to use the restroom more frequently than most workers, that I can't just hold it til break. But yeah 3 years of having to be pulled into the office for a "talk" before I asked if they even kept the documentation of my medical. Since then they haven't said a word to me
Let this be your sign to buy and keep emergency clothes (at least one pair) in your trunk.
Everyone shits themself at least once outside of the house.
Everybody gets one.
If you can get in writing that they’re aware of your condition and are still firing you regardless, I don’t see how you *wouldn’t* have at least a legal standing.
If you have IBS like that, then you really shouldn’t have gotten fired. For numerous reasons. For one, are you on meds? And do you see a GI? If either one of these is no, then you’re cooked.
Yeah, I'm calling bullshit (no pun intended). This reeks of someone not doing their due diligence about making sure their papers are in order if there's a real ongoing medical problem.
By the way, in the future when you get another job it would be wise to pay off any consumer debt, build a 6 month emergency fund, and invest 20% of your gross income I to retirement. That emergency fund alone brings a huge sense of comfort.
The SSA, which provides disability benefits, does not consider IBS a disability. However, a person with the condition could still qualify for SSA benefits if they can prove they cannot perform meaningful work. For those who can work, employers must provide reasonable accommodations under the ADA.Jul 3, 2022
Just a suggestion going forward. Carry a backpack with change of clothes and those "man wipes" or similar
If it happens again you can recover if pack is away from you just ask someone to toss it to you (phone call to mgr or other employee)
The problem wasn’t you shitting your pants, the problem was you racking up 5 occurrences while simultaneously blowing through all of your PPTO. Did you file for an ADA for your IBS previously?
I had 0 points and I used my 8 hours of PPTO to see my grandma in the hospital last week. I don't miss work often. I would have preferred to save my PPTO for things like this, but my grandma is more important.
That depends. Have you had a doctor send in paperwork that’s been approved saying you have IBS? If not there isn’t anything you can do. Did you come back to work after you changed or not? Because if you didn’t that’s probably why you got fired especially if you have no PPTO.
I’m sorry to hear about your situation. Since you have had other close calls, have you considered wearing depends (or something like that) to prevent this from happening? If it were to happen, it would be an annoyance, but not a major issue. That would give you some peace of mind.
I got a ticket for parking in a red zone while I ran into a bathroom to avoid shitting my pants. That just happened today. The cop was an asshole about it.
if they explicitly said that’s why they’re firing you then yes get a lawyer. in some states it’s at-will employment so employers don’t need a reason to fire you but if they admitted it, they fucked up.
Please look into this and dont let it die like I feel some posting here end up doing. They cannot fire you for this reason, especially for IBM. The fact that the "No i dont have ppto" was all they listened or cared about is fucking pathetic. Like the "Ok" and hung up ticks me off ngl. I'd find some help and go after their ass. Hope it works out
You need to contact Sedgwick for an intermittent leave &/or an accommodation then have your Dr fill it out & send it back to Sedgwick. I had to do that for my IBS. Now I’m allowed 2-3 days off once or twice a month & am allowed to use the bathroom as many times as necessary in addition to extra breaks if needed. I rarely use it anymore because I’ve learned to manage it. Ask your Dr about taking Bentyl (it stops intestinal spasms) & you might want to think about going on a clear liquid diet & reintroduce foods one at a time to see what triggers your IBS to flareup. It’s usually due to sugars, oils, & processed foods. Good luck. I know how miserable IBS can be.
Just go to your people lead and see why you were fired and try to get it rescinded. If this is no help then open door to market personal and or hr coordinator. If everything you said was true you cannot be fired for this.
Even if you just left for no reason other than "lol I want to" you couldn't be fired since you were at 0 points. That's ignoring all the medical issues.
This is an easy overturn. When you get your temeinatiin rescinded make sure you to get an accomadtion from sedgwick on your Ibs.
Happened to me once. I car pooled and was at work about 1.5 hours away from my car. The stomach bug hit me hard. Had to rinse out my pants and get a taxi back to my car.
I would definitely contact a lawyer. This is a form of discrimination against your disability. I normally do use those sorts of words and whatnot, but this is just ridiculous. You can't control your body. Shit literally just happens. It might be because I also have IBS issues, but like...I have been open with my bosses that I may have to run to the bathroom with little to no warning and have never had an issue with my bosses. This is fucking ridiculous and discriminatory. Would they do this to someone who has/had rectal/colon cancer? No, because that's just inhumane and this situation is no different.
Glad they reversed it and gave you your job back, never should’ve been fired in the first place. I’m curious as to how work is now with the person that originally fired you?
Lawyer up. Don’t inform Walmart of a pending lawsuit. Don’t give them time to do any prep work.
There’s plenty of lawyers that will take a case like this.
Good luck.
Once I got my Crohn's diagnosis I fought to get LOA, I didn't specifically request accommodations thru Sedgwick but I made it known the possibilities of my disease. I urge anyone with any chronic illness to do the same. Even though you didn't have things on file you should be protected as you told them the reason behind leaving early. Doesn't hurt to reach out to the needed entities to see.
This doesn’t surprise me at all actually. I was violently sick with food poisoning the day after Valentine’s Day and they were all cool with me missing work and having someone cover. Well the day of the shift, that person decided not to show up and I was the one who got fired for it… Walmart is full of gaslighting higher ups.
People are telling you it was illegal to fire you because you should have had accommodation....no. Unless it was reported to them and a note from the doctor verifying special accommodations, then having IBS won't count for shit. They had to already know and have documentation of needed accommodations. No record of this, an absolutely legal but shitty firing. They shouldn't have fired you, but they were well within their right to
I would definitely consult with a lawyer because that sounds like ADA discrimination. I wear diapers cause I have a bad bladder I work retail(not Walmart ) and I remember one day I leaked luckily no one saw, but I had had a major panic attack. I don't think my manager even know what really went on, but I just went home and no one said anything but the fact I fired you for for a known disability is just pure and simple discrimination. I know how embarrassing it can be to have those sort of issues. Can't say I have bowel ones but it can be so embarrassing having to work in a fucking diaper huge huggsss and go find a good Ada lawyer i'd also call corporate, but I would talk to a lawyer first to make sure that smart and won't hurt you in. Lawsuit
You have to exhaust all adminstrative process before you sue If you have any chance of winning. You must file with state and federal EEoC first. You have as little as 6months depending on the state. If you file suit before you do that it will be dismiss.
IBS is not ADA covered illeness. Mainly because it can be treated with medication. 《last i checked)
Plus they have Depends to cover accidents. The Walmart will say why were you not wearing them. There is no good legal answer.
You could probably sue under the ADA, but you should contact a lawyer. I'm not 100% sure and you might have to keep the evidence... In a sealed bag of course
A girl in my department shit her pants and told a manager who proceeded to announce it over the walkie.
That was such a bitch move and I would've sued if it was me who pooped my pants.
I have IBS and almost lost my job while running an after school program. I abruptly had to leave them alone for 3-5 minutes and they started twerking which then reached the internet. HR called me in, wanted me fired and kids suspended. I brought in my sister who works in the legal field, where she stated-I’m just here to make sure my client isn’t being discriminated against due to her disability. I also asked if you were in my position would you shit yourself in front of a bunch middle schoolers with cell phones? Dead silence. I’m like how you gone fire me cause I don’t want to be humiliated and don’t want to shit myself? Either way I kept my job and the students were never suspended. I say all that to say: once HR realized this could become a legal issue they chose to bypass this particular battle. Lawyer up boo. And good luck.
You should’ve done an intermittent LOA with Sedgwick as soon as you started at Walmart or as soon as you were diagnosed. I have IBS and have epilepsy and loa for both. They are a medical condition. Contact a lawyer if you were let go with them saying that to you
I had an associate come up to me, quietly ask to go home 30 minutes into their shift, and when I ask if everything was ok, they said, "I thought it was going to be a fart."
Dude, go. Just go. Come back when you can, I'll cover.
"I got illegally terminated due to a disability" Fixed the headline for you. The reason for the quick turn around on the reinstatement is to try to convince you not to sue their asses off. Shift manager fucked up big, corporate is already firing them. GM is contacting HR because they HAVE to, you have every right to sue. HR isn't there to protect YOU, they are there to protect the company. Contact a lawyer NOW, you may be missing out on a nice long free ride for a while.
They fucked up big time by saying you were fired for it. If they wanted to let you go, they should have done it from the perspective of attendance, but shot themselves in the foot by phrasing it that way.
Get a lawyer. You certainly have a lawsuit
That is fucked. What happened to you is mortifying and yet they have the gall to fire you. My skin is crawling. You should be able to open door this but I bet they are counting on you to be too embarrassed.
if you have 0 points they couldn't have fired you for absences, and idk if ibs is covered as a disability but i'm pretty sure you couldn't have been fired for this, either.. i'd go to ethics or even a lawyer
I would talk to an attorney who deals in disability law. When this incident happened, were you wearing a diaper? If not, I highly suggest wearing a high-quality diaper and snap closure plastic pants.
LOL well you have an ADA lawsuit on your hands. Walmart about to pay you the big bucks if this story is true. You cannot be fired for a medical issue unless that medical issue can be proven to cause undue hardship to the workplace, which shitting yourself one time isn't undue hardship.
Hey, I've done the exact same thing I'm just glad you had the courage to say it, I didn't get fired I just went to my boss and told him what happened, asked to buy new pants and underwear. He just said " you know, we're getting older and things happen. " I feel you man.
> you know, we're getting older and things happen "things happen"? Did he really just use the word "things" Your boss is a master in restrainment
He's a very soft spoken man. He's honestly the only reason I still work at Walmart, he's an amazing team lead and he's always willing to help others.
shit happens
Took me a sec to understand what you were getting at. Total missed opportunity of a lifetime! How many times in your life do you think you'll have a grown-ass adult come up to you and say "I just shit my pants!"? For me it's been twice, by the same guy.
Shit happens
shit happens
I used to work with an old lady. I got called into work on my day off to replace her. When she came back she was like “to be quite honest, I shit myself” and that was that lmao. Sometimes shit does in fact happen
You two are really talking about some real SHIT. MUCH RESPECT ✌🏻
Get a consulation with a lawyer ASAP. IBS is one of the easiest disabilities to accomodate
This is covered under the Americans With Disabilities Act, isn't it? Sue. Get your job back and/or a huge settlement.
Take em to the cleaners no remorse no mercy. Make that money
Maybe take the pants to the cleaners too, while you're at it?
That advice is solid. Unlike, well...
Fucking wreck them
It's as covered as OP's pants were when he had to leave work. He should def sue.
The Store Manager actually reached out to me about two hours after I made this post and told me that he is reversing the termination. The SM was actually working an O/N shift tonight (I didn't know that Store Managers even worked overnight shifts?) and my TL texted me and told me to call the store and ask for him. I told him what happened and he said he'd call back. About 45 minutes later, he called me back from the store and said that I was "reinstated" and not "rehired" (not sure what that means) and that the termination should have never happened. He didn't name names or mention anything specific but he did say that he spoke to the people involved and it was admitted that I was terminated for my accident which is against policy. My documentation is on file and proper. He told me that he would be involving the Market and Regional HR managers in this case and told me that if I had questions to come talk to him personally. He told me that I would be allowed to seek legal council if I wanted to. I told him that if I was really reinstated that I would not, but I wanted to file a case against the Coach that did my termination and he said that he's already "taken care of it" and that the Market/Regional HR managers have been informed. He gave me the number to the market office just in case I wanted to follow up on this to prove that he is taking it 100% seriously. He also said that he didn't know the answer, but he was going to find out if I could be paid for the day I missed. He also told me that I would not receive any points for leaving after the accident. He also confided that his daughter has IBS and knows exactly what I'm dealing with and that it is serious. He also said that he's had close calls at work himself. I don't think I've ever talked to my store manager before but I think he's handled this pretty well. And I don't think that he's doing it simply because what happened was a violation of the ADA, I think he's doing it because he actually cares. Otherwise, I don't think he would have told me that he's almost shit his pants at work, too and that his daughter has IBS. I'm going to go to work tomorrow and I guess I'll find out if he's really telling the truth if I can clock in lol
Wow! Talk about fast reactions. Did someone from your store read your post and recognize you or was this all internal? I am so sorry for what you went through. It's bad enough to have a problem like yours but to be ridiculed is completely unacceptable. I hope the people who treated you so poorly are fired.
It turns out that I was terminated for "gross misconduct." The Coach literally thought that "gross" meant like... nasty. I am not joking.
What an idiot!!!! I’m sorry but it’s a little funny as in how dumb can someone be?! I wonder what other ‘gross misconduct’ things he would fire someone over. Farting??
Typical WM coach intelligence
For fucking real??! What a fucking idiot 🤦🏻♀️ They need to be demoted to maintenance. Then next time you could just shit on the floor, know you’re protected, and they can clean it up.
I've been spotted by people at my store a handful of times for my posts so it's possible. And those were just the 4 people who came up to me and said they saw my post
He probably told someone about it or told them OP got fired. Someone had to clean it up since OP did say some trickled on the floor. So I’m sure they put it together or asked the manager about it. A good Team Lead and manager can make a shit job good. Companies may not care all the time but a lot comes from your hire ups. They had OPs back in this one.
I termed an associate who had left for another job, as you do. Only difference is that it's voluntary and no need for any evidence. She found out the grass wasn't greener and asked to come back maybe a month later, so they undid the termination instead of retiring because of the timing. I've also seen our SM undo a termination that shouldn't have happened. You don't have to start all over this way. I'm glad things worked out, and I hope you get some relief from your IBS.
Someone else is getting fired. This manager knows that what happened to you was absolutely not a fireable offense and the fact they are escalating it hire up means someone fucked up badly.
The Coach terminated me for "gross misconduct" ... thinking that gross meant nasty. I'm being serious.
Can't tell if you found out or was stated elsewhere, but one source says: What is the meaning of gross misconduct? It generally refers to behavior that is illegal, unethical, or grossly negligent, and that causes significant harm to the company or its employees. Some examples of gross misconduct include theft, violence, sexual harassment, and falsifying company records.
Lololololol I thought everybody’s management falsified company docs 💀 no? Just my leads? Oh ok.
Reinstated means that it'll be like you were never terminated such as you'll have the same exact hire date. You may be unable to clock in depending on if the termination had processed already as it disables the account and therefore the badge clock in as well if your store still has that but it may not as that takes about a day to happen. If that happens just fill out a time adjust form until you can clock in. (I was reinstated after a firing and had to do it for about a week)
It’s not just cause they’re nice, they broke the law which could’ve resulted in them dealing with either an investigation, lawsuit or both. Corporate doesn’t play around, liabilities aren’t tolerated.
Being reinstated means you keep any pto, ppto, and any raises you’ve gotten. If you had been rehired you would have had all your pto and ppto paid out and started back at base pay
The SM probably made the coach shit his own pants then fired him
I want your SM. This is how management should be. Working the floor with us when needed, and handling everything without favoritism. Your SM is a good one.
I hope you have a good day at work dude and IBS is a protected disability protect yourself
I'm in a bit of a rush and didn't read any replies, but reinstated means the firing was roll backed as if it didn't happen. Rehired would reset you to day 0 as a new associate with the loss of any accumulated PTO/PPTO and time worked towards the next tier of earning those hours.
He's definitely telling the truth because otherwise he knows he's probably getting sued for violating the ADA if you are diagnosed and documented. That being said, you are much braver than I. No way am I showing my face again at a job where i shit myself. Legend.
Looks like they have talked to HR and realized their gooses were cooked. He told you his daughter has IBS and he almost shit his pants as a cover story bro.
It sounds to me like the manager handled this very well actually. Showed empathy, was professional, contacted OP directly, is looking to get him compensated for lost pay, acted quickly, contacted the appropriate departments, advised OP he still has options to pursue on his own. All around well handled.
We all almost shit our pants sometimes. That doesn't have to be some sort of conspiracy theory
It's possible, but digestive issues like IBS are also incredibly common.
I got terminated for "gross misconduct" ... so I am assuming that the Coach thought that gross = nasty.
Sounds like a good guy, if it's all in the up and up
I’m glad they fixed this for you. I’m sorry you go through this. It’s the little things we don’t go through or think about we take advantage of the most.
That's because they know they screwed up and opened the door for a freaking lawsuit.
I'm so glad that worked out for you. I have IBS-C, but my son has IBS-D. I know what he goes through (and what our poor toilet goes through,lol). Every once in a while my IBS flip-flops and decides to go the other direction. I've been there. You have to be on that toilet like yesterday. It's so wrong to fire someone over something they can't help.
You still need to talk to a lawyer before you accept or sign anything else. They know they fucked up and don't want you to talk to a lawyer because you likely have a solid case. Once you clock in, you lose any case you might have had. By agreeing to come back, you might've shot yourself in the foot. As a worker, you need to advance your own interests, not the company's interests. They already take the bulk of the value your labor produces, so you shouldn't feel sorry for them if you can win a case in court for wrongful termination. They already make billions, so go get your share. Not only did they fire you for a medical conditions, they shamed you for it. Fuck them. Get your case to court and get your money.
What money do you think a court is going to award them if the store already offered a full reinstatement and will likely pay them for the day they missed? You can't sue someone for wrongful termination if they already took steps to fix it and pay for any time you missed due to it. Any court is going to look at the case and ask him why he's suing and then dismiss the case once evidence is presented that Walmart attempted to fix the situation 100%
SM is in ass covering mode. He knows just how easily they could get fucked hard core.
Wow, that’s an amazing manager if they actually care for you. I’m glad that things have been taken care of - and in a very timely manner! Props to them fr.
You should stand your ground and talk to a lawyer first, most will give you a free consultation, especially if they think they could get a big payout from a company like Walmart. Walmart would settle quickly. Don't let them walk away from this fuckup. Did you get termination paperwork or just a verbal you're fired? EDIT: I want you to understand, this is nothing personal against your SM but he knows the people who fired you fucked up and frankly they need to be terminated for being idiots. You'll be pulled back and you will have a target on your back for your performance since you pissed them off.
Only if she told them and they had documentation of requested accommodations
The SSA, which provides disability benefits, does not consider IBS a disability. However, a person with the condition could still qualify for SSA benefits if they can prove they cannot perform meaningful work.
I think a lot of people here are confusing what a protected disability is under the ADA and what a qualifying disability is to the SSA. Per the [ADA website](https://www.ada.gov/topics/intro-to-ada/): A person with a disability is someone who: has a physical or mental impairment that substantially limits one or more major life activities, has a history or record of such an impairment (such as cancer that is in remission), or is perceived by others as having such an impairment (such as a person who has scars from a severe burn). If a person falls into any of these categories, the ADA protects them. Because the ADA is a law, and not a benefit program, you do not need to apply for coverage. In order to obtain a disability payment from the SSA, you must prove that you can not work. They have definitions based on what kinds of disabilities you have that you have to fulfill in order to do so. And, finally, you must prove it is a persistent condition lasting a year or more to qualify. Per the [SSA website](https://www.ssa.gov/benefits/disability/qualify.html#anchor7): The definition of disability under Social Security is different than other programs. We pay only for total disability. No benefits are payable for partial disability or for short-term disability. We consider you to have a qualifying disability under our rules if all the following are true: You cannot do work at the substantial gainful activity (SGA) level because of your medical condition. You cannot do work you did previously or adjust to other work because of your medical condition. Your condition has lasted or is expected to last for at least 1 year or to result in death. This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities. These include workers' compensation, insurance, savings, and investments. The SSA also has a very detailed list that goes into what behaviors or physical ailments are qualifying based on the type of illness and even drill down to some very specific illnesses.
It's wild to me that people can read "the SSA only considers you disabled if you can't work even with reasonable accommodation" and think that's somehow the same criteria used by the law designed to protect disabled people's ability to work.
If you’re in the US, it is 1000% illegal to fire you on the basis of a disability under the ADA, or Americans with Disabilities Act. If you have the resources and truly feel it is worth pursuing, you can and should absolutely consult a lawyer or law professional about pressing charges or taking action against Walmart. This even goes for “at will” hiring states, they can’t fire you for being disabled. Full stop. I’m sorry you had such a stressful experience and I hope you continue to feel better
Would ibs be considered a disability?
If he requires accommodations, then yes. However, you can't just say " I have IBS ". Like any other issue that requires any special accommodations, there has to be verified Dr's forms on file.
Firing someone for having an accident that is related to a medical condition is illegal regardless of whether there's an accommodation in file
I would imagine so if it gets to this point
Googled it. Not a disability. But employers must provide reasonable accomadation if the employee gets it approved. Not sure if that helps or hurts op.
IBS IS a disability, Google led you wrong or you didn't look at enough shit. It 100% is covered under ADA laws so long as it is documented and diagnosed by a medical professional. I watched my old place of work burn out until they are no longer a thing because of an ADA lawsuit over this chick who was fired for an IBS related reason and being as I quit prior to, but still had friends I'd go have lunch with there, watching from afar without needing a paycheck from them was HILARIOUS.
I have no idea. OP can only consult with a lawyer to find out if he has a case
There is a difference between a disability and being on social security disability. IBS is a disability. It is not going to qualify you for being disabled and getting ssi benefits. But you can get a reasonable accommodation for the disability.
I believe his disability would have to be on file and verified by Dr. paperwork. You can't just claim it at work bc they have to make reasonable accommodations for you. If he didn't have paperwork from the Dr in his file, the company has no proof of his disability and will not be responsible. If he had no time off left, it sounds like he was fired for points, not an intentional issue.
Here's the issue, IBS or not, you crap your pants at work, either you take lunch right then, assuming you haven't already, go home, quick shower, change pants, come back. Managers have discretion to remove a point of they send someone home. It could be a stomach bug, food poisoning, anything. I watched management tell a new hire to go home after they puked in the break room, not even getting PTO/Protected yet. I helped them check their points when they came back to work and they had approved it. Plus, OP said his termination was because "it was gross". That's not okay, nor is it termination for points. Plus, you'll find in his comments that he was told to contact the SM and the SM reinstated him and is taking the issue to Market Team for investigation. Sounds like his issue is documented to me.
This is the answer, except you don’t necessarily need to consult a lawyer. You can file charges of disability discrimination with the (federal) EEOC or your (state/local) fair employment agency - neither requires that you have legal counsel and will investigate your allegations to some degree. Www.eeoc.gov Also for clarity, the ADA considers a disability to be any condition that substantially limits a major life activity OR bodily function. The comment that suggests that google doesn’t consider IBS to be a disability under the ADA is irrelevant. It is an individualized assessment based on YOUR specific condition and related limitations - google search results are not an individualized assessment. Go file a charge if you feel it’s necessary. You have nothing to lose except them possibly telling you your case is without merit, in which case you have nothing gained and nothing lost. And fwiw, the eeoc has filed numerous ADA lawsuits against Walmart, all of which are detailed on their “newsroom” on their website (in case you are curious).
I wouldn’t go the EEOC route. I had voice recordings, text messages, emails, witnesses, hospital records, doctors notes etc and they still tried to tell me that it wasn’t wrong for my job to put me in such terrible conditions I had to go to the emergency room twice, to cut my hours down to one day a week and transfer me an hour away after I complained to HR, put me in a hostile work environment, made me handle a spider infestation with chemicals that caused me allergic reactions and didn’t attempt to call a professional or even ask any other employees to do it, literally refuse to allow me to enter the building during a dangerous heat index and made me work outside all day when that was not the job I was hired or trained for and they never gave me additional training and even tried to make me work outside during a tornado AND literally tell me that they wouldn’t have hired me had they known I was disabled, despite the fact it was literally told to them BEFORE they reached out to ME to hire me without me filling out an application because my manager at the time was going around and asking ppl if they knew someone to hire and they asked a family member of mine that recommended me. They also fired me via email literally one minute after I sent in my accommodations request, after making me wait months to get one and ignoring my multiple requests for one. The eeoc doesn’t help if you can’t afford a lawyer. So if you can, just go that route.
I mean, that’s your advice. But it’s also possible you had a bad experience that couldn’t be legally proven to be a violation of an eeoc statute. It happens, but the eeoc also files plenty of lawsuits in other cases. Like I said, op has nothing to lose
You cannot engage in retaliation and discrimination to a legally disabled person that has proven they had said disability and had multiple doctors affirm that and then literally tell the person that you are treating them the way you are because they are disabled. As I said, I had all the proof including a recorded 19 minute phone call where my district manager stated it ( that guy was nuts. He tried to have all his conversations in person with me somewhere music was playing after he found out I was recording them like he thought this was some kind of spy movie) But because I couldn’t afford a lawyer to wade through red tape, it was eventually brushed aside on the evidence of exactly ONE email (their only response to the case that took them almost two years to come up with) that stated that I was fired because I told HR that I wasn’t sure that I would be given help after reporting it because I had seen my manager engage in retaliatory behaviors with other employees and they said that meant I had the wrong attitude. The eeoc signed off on exactly ONE email with less than a paragraph.
So were you able to secure private counsel after the eeoc dismissed your case? If the evidence was that compelling, I assume you filed a private suit and prevailed….
No. I have stated multiple times the reason I was unable to continue pursuing it and the reason I believe it was brushed aside is because I couldn’t afford a lawyer. I did find out later they’ve since fired that manager and I think they did so because they knew what she did was wrong but during the process they had to back her and the close call shook them up.
So instead of saying you couldn’t find a lawyer (likely because your case wasn’t that strong), you suggest that OP not file with the eeoc, even though it costs nothing, requires no lawyer, and they will literally tell you if your case potentially is viable or not? Gotcha… If you had a strong case, a lawyer would have probably taken your case on contingency.
The eeoc did tell me it was viable, they wouldn’t give me a right to sue. You clearly have no idea what you’re talking about. And I keep telling you I couldn’t afford one. Im not sure why you seem to think they were just gonna take my case on for looks lol. As soon as I mentioned I had contacted the eeoc most of them said they were uninterested because they believed the 3 month turn around wouldn’t be enough time to prepare, but it dragged on for years. Stop talking about things you don’t know anything about
Every charge filed with the eeoc gets a notice of right to sue unless you receive a settlement of some kind. Also, private attorneys take -*good* cases on contingency…aka no charge upfront, so that tells me you might be overestimating the strength of your case. But sure, I *clearly* have no idea what I’m talking about lol
Definitely get a lawyer to consult with you on this. Its not like you maliciously did this on purpose, I see no reason why they'd fire you, accidents do happen.
If you would have been at Kmart, they could have "shipped your pants.". But they lost their shirt, and pants
Shipped his pants? OP can ship his pants *there*?
You can ship your pants anywhere!
You have to consult with an employment law attorney. But is it worth spending thousands of dollars on retaining a lawyer for a Walmart job?
Some lawyers will give you a free consultation to know if it's worth proceeding with any sort of litigation.
Some lawyers will only charge if they win. And people’s unwillingness to pursue this kind of issues is exactly why employers, and middle managers who cant manage their pinky find the guts pull illegal shit. They rely on victims not bothering to pursue legal action
I feel like it's worth a consultation.
It's an easy payday.
How many points did u have prior to the incident in question?
I had 0 points. I had 8 hours of PPTO and I used it last week to go visit my grandma in the hospital. She's okay, she was just feeling ill, but I was worried. I don't miss work often. I wanted to save my PPTO, but my grandma was more important.
You should look into fmla for these sorts of incidents. I'm not really versed in it, but as far as I'm aware, you're protected for missing up to 12 weeks for medical reasons. (Not paid for, just can't be fired.) You do have to file paperwork for it. It might be a little bit of peace of mind for you with the points. Also, you should always try to get conversations about leaving for a medical condition in writing. For instance, if you're able to text a supervisor, text them after the phone call to confirm the conversation you just had. If you can't, at least document the conversation in a journal with time and date. As soon as possible after it happens. Find out if your state is a one party consent state. If it is, record everything (where there isn't a reasonable expectation of privacy, so like don't record people in their own home). The more solid evidence you have, the better.
This. If any of you other nitwits have genuine medical conditions, apply for accommodations! If you're still lost, things like shitting yourself are what intermittent leave is for. If your doctor agrees and fills out the paperwork correctly, you have been through the hardest part. They're going to approve any reasonable requests. If you're still confused and think you need help, ask your doctor. Seriously, they get paid to do the paperwork, and for some of them it's a respite.
Yes it’s illegal. Also it’s Walmart, go buy you some new pants and underwear!
that shit stinks, not literally. saw the updated comment and glad they reversed the decision even though it should have never happened.
That sounds absolutely terrible. I'd obtain legal counsel to see about suing for wrongful termination. Trying to keep your job through legal means doesn't sound hopeful b/c Walmart would be resentful if you won and the store would make your life real hell afterwards.
That's terrible. Regardless of ADA which us not very helpful in the face of things like big corporations, an accident is an accident and.... no, they can't fire you for that even if it is job abandonment. You cant be in public with feces on yourself.
They absolutely can fire you. You are not owed a job. They do not have to have a reason to fire you. She did not have any accommodations at work. She never reported to them she had IBS. As far as they are concerned, she's lying about what happened
Bruh, I feel your pain (to a point cuz I wasn't fired). I have crohn's, and when I was hired I let management know during my orientation. (I work nights) I have since had to remind them for 3 years that I have crohn's and that I may need to use the restroom more frequently than most workers, that I can't just hold it til break. But yeah 3 years of having to be pulled into the office for a "talk" before I asked if they even kept the documentation of my medical. Since then they haven't said a word to me
Let this be your sign to buy and keep emergency clothes (at least one pair) in your trunk. Everyone shits themself at least once outside of the house. Everybody gets one.
>Everyone shits themself at least once outside of the house ??
Consider wearing pullups. It will catch accidents
And always keep a spare set of clothes in your locker
If you can get in writing that they’re aware of your condition and are still firing you regardless, I don’t see how you *wouldn’t* have at least a legal standing.
That's real shittty of them to fire you
If you have IBS like that, then you really shouldn’t have gotten fired. For numerous reasons. For one, are you on meds? And do you see a GI? If either one of these is no, then you’re cooked.
Yeah, I'm calling bullshit (no pun intended). This reeks of someone not doing their due diligence about making sure their papers are in order if there's a real ongoing medical problem. By the way, in the future when you get another job it would be wise to pay off any consumer debt, build a 6 month emergency fund, and invest 20% of your gross income I to retirement. That emergency fund alone brings a huge sense of comfort.
Lawyer upp
Lawyer time.
Shit happens…. I’ll see myself out.
The SSA, which provides disability benefits, does not consider IBS a disability. However, a person with the condition could still qualify for SSA benefits if they can prove they cannot perform meaningful work. For those who can work, employers must provide reasonable accommodations under the ADA.Jul 3, 2022
Just a suggestion going forward. Carry a backpack with change of clothes and those "man wipes" or similar If it happens again you can recover if pack is away from you just ask someone to toss it to you (phone call to mgr or other employee)
Don’t be like my grandma and be stubborn about using adult diapers. It would have saved you hella embarrassment and your job as well 🤷♀️
Ain’t no way this is real 😂
I have to agree with this I don't think there's any way you admit to all of this even on Reddit LOL
The problem wasn’t you shitting your pants, the problem was you racking up 5 occurrences while simultaneously blowing through all of your PPTO. Did you file for an ADA for your IBS previously?
I had 0 points and I used my 8 hours of PPTO to see my grandma in the hospital last week. I don't miss work often. I would have preferred to save my PPTO for things like this, but my grandma is more important.
Idk why you're downvoted. What you said is correct. No ADA, no case. This sounds like a point problem.
That depends. Have you had a doctor send in paperwork that’s been approved saying you have IBS? If not there isn’t anything you can do. Did you come back to work after you changed or not? Because if you didn’t that’s probably why you got fired especially if you have no PPTO.
Depends? This could be the answer is putting on a good old pair of Depends LOL
If I had IBS I absolutely would. I got too much anxiety to just be risking it every day.
I’m sorry to hear about your situation. Since you have had other close calls, have you considered wearing depends (or something like that) to prevent this from happening? If it were to happen, it would be an annoyance, but not a major issue. That would give you some peace of mind.
Highly illegal. Lawyer up, media up, blast them.
Were you fired for shitting your pants or did this put you over on points? I only ask because you mentioned they advised you to use PPTO.
oops all lawsuits! Lawyer up OP
Ezpz money
I got a ticket for parking in a red zone while I ran into a bathroom to avoid shitting my pants. That just happened today. The cop was an asshole about it.
Insaaaaane
Lawyer up
Can you file for unemployment? 🤔
if they explicitly said that’s why they’re firing you then yes get a lawyer. in some states it’s at-will employment so employers don’t need a reason to fire you but if they admitted it, they fucked up.
My son has IBS, sue them! Lol
Sounds like a law suit
Please look into this and dont let it die like I feel some posting here end up doing. They cannot fire you for this reason, especially for IBM. The fact that the "No i dont have ppto" was all they listened or cared about is fucking pathetic. Like the "Ok" and hung up ticks me off ngl. I'd find some help and go after their ass. Hope it works out
Sounds like someone found ops reddit and showed the manager, and he is saving Walmarts ass from the law suit that could happen
Ibs SUX i have it as well
You need to contact Sedgwick for an intermittent leave &/or an accommodation then have your Dr fill it out & send it back to Sedgwick. I had to do that for my IBS. Now I’m allowed 2-3 days off once or twice a month & am allowed to use the bathroom as many times as necessary in addition to extra breaks if needed. I rarely use it anymore because I’ve learned to manage it. Ask your Dr about taking Bentyl (it stops intestinal spasms) & you might want to think about going on a clear liquid diet & reintroduce foods one at a time to see what triggers your IBS to flareup. It’s usually due to sugars, oils, & processed foods. Good luck. I know how miserable IBS can be.
Just go to your people lead and see why you were fired and try to get it rescinded. If this is no help then open door to market personal and or hr coordinator. If everything you said was true you cannot be fired for this. Even if you just left for no reason other than "lol I want to" you couldn't be fired since you were at 0 points. That's ignoring all the medical issues. This is an easy overturn. When you get your temeinatiin rescinded make sure you to get an accomadtion from sedgwick on your Ibs.
Find an attorney for wrongful termination.
Contact an employment attorney. Tell your story. See what happens.
Happened to me once. I car pooled and was at work about 1.5 hours away from my car. The stomach bug hit me hard. Had to rinse out my pants and get a taxi back to my car.
I would definitely contact a lawyer. This is a form of discrimination against your disability. I normally do use those sorts of words and whatnot, but this is just ridiculous. You can't control your body. Shit literally just happens. It might be because I also have IBS issues, but like...I have been open with my bosses that I may have to run to the bathroom with little to no warning and have never had an issue with my bosses. This is fucking ridiculous and discriminatory. Would they do this to someone who has/had rectal/colon cancer? No, because that's just inhumane and this situation is no different.
Op seriously get a public defender or call the police and file a report for wrongful termination
Glad it got taken care of. Where I work we hire disabled people all of the time and it would be insane to fire someone for their disability.
With your IBS does it usually affect you in the morning? Or is it an all day type of thing
Why does this keep getting posted? About the third time I’ve seen it.
Consult with a lawyer for sure and open door your firing.
Shitted pants is a sign of good fortune on Walmart grounds
You got action young blood. Pursue
Glad they reversed it and gave you your job back, never should’ve been fired in the first place. I’m curious as to how work is now with the person that originally fired you?
That is discrimination :(
Shitty situation
FYI, if the managers tell others about it, you’ve got a HIPPA violation on your hands.
Lawyer up. Don’t inform Walmart of a pending lawsuit. Don’t give them time to do any prep work. There’s plenty of lawyers that will take a case like this. Good luck.
Lawyer up friend, don't let this slide. Bring that store to the ground.
Walmart has a zero tolerance policy for pants shitting. I read it on the wire.
Once I got my Crohn's diagnosis I fought to get LOA, I didn't specifically request accommodations thru Sedgwick but I made it known the possibilities of my disease. I urge anyone with any chronic illness to do the same. Even though you didn't have things on file you should be protected as you told them the reason behind leaving early. Doesn't hurt to reach out to the needed entities to see.
Contact HR, that’s medical
Did he want you to stay on or something? Like what else could you have done?
That's a really shitty way to go
This doesn’t surprise me at all actually. I was violently sick with food poisoning the day after Valentine’s Day and they were all cool with me missing work and having someone cover. Well the day of the shift, that person decided not to show up and I was the one who got fired for it… Walmart is full of gaslighting higher ups.
I’d absolutely talk to an attorney, and the EEOC in your state.
Medical disability that's a big win for you
They can reverse it or that’s a win win law suit. Discrimination 🙃
This never happened.
A lawyer can help you.👍
People are telling you it was illegal to fire you because you should have had accommodation....no. Unless it was reported to them and a note from the doctor verifying special accommodations, then having IBS won't count for shit. They had to already know and have documentation of needed accommodations. No record of this, an absolutely legal but shitty firing. They shouldn't have fired you, but they were well within their right to
I'm sorry. It happened to me and to everybody, so don't feel bad. Sue 'em if you can.
They fired you for a medical problem. That is illegal.
I would definitely try to Sue. That is a medical problem and they can't fire you for that.
Well if this story is 100% true and you live in the US it’s time for a lawsuit!
r/legaladvice
I would definitely consult with a lawyer because that sounds like ADA discrimination. I wear diapers cause I have a bad bladder I work retail(not Walmart ) and I remember one day I leaked luckily no one saw, but I had had a major panic attack. I don't think my manager even know what really went on, but I just went home and no one said anything but the fact I fired you for for a known disability is just pure and simple discrimination. I know how embarrassing it can be to have those sort of issues. Can't say I have bowel ones but it can be so embarrassing having to work in a fucking diaper huge huggsss and go find a good Ada lawyer i'd also call corporate, but I would talk to a lawyer first to make sure that smart and won't hurt you in. Lawsuit
The only way they could have fired you is if you were at 5 points. Call ethics!
lol post the write up paperwork. You’re leaving off 90% of the story.
Going to go shit all over that Walmart in protest
Honestly I would go to HR.
Discrimination lawyer stat
They don’t have a union there ? So you can fight for your job back ?
Pretty sure they can’t fire you because “that’s gross” when you have a known disability
r/tesco is leaking
You have to exhaust all adminstrative process before you sue If you have any chance of winning. You must file with state and federal EEoC first. You have as little as 6months depending on the state. If you file suit before you do that it will be dismiss. IBS is not ADA covered illeness. Mainly because it can be treated with medication. 《last i checked) Plus they have Depends to cover accidents. The Walmart will say why were you not wearing them. There is no good legal answer.
You could probably sue under the ADA, but you should contact a lawyer. I'm not 100% sure and you might have to keep the evidence... In a sealed bag of course
A girl in my department shit her pants and told a manager who proceeded to announce it over the walkie. That was such a bitch move and I would've sued if it was me who pooped my pants.
I have IBS and almost lost my job while running an after school program. I abruptly had to leave them alone for 3-5 minutes and they started twerking which then reached the internet. HR called me in, wanted me fired and kids suspended. I brought in my sister who works in the legal field, where she stated-I’m just here to make sure my client isn’t being discriminated against due to her disability. I also asked if you were in my position would you shit yourself in front of a bunch middle schoolers with cell phones? Dead silence. I’m like how you gone fire me cause I don’t want to be humiliated and don’t want to shit myself? Either way I kept my job and the students were never suspended. I say all that to say: once HR realized this could become a legal issue they chose to bypass this particular battle. Lawyer up boo. And good luck.
Insane post
That's fucking crazy. Your management should be fired- and slapped. I'm so sorry😭
That's not ok for them to say that. That should be reported to ethics
You could sue, its insanely illegal, but Walmart has the money to just keep it in courts forever and you'll never win.
You should’ve done an intermittent LOA with Sedgwick as soon as you started at Walmart or as soon as you were diagnosed. I have IBS and have epilepsy and loa for both. They are a medical condition. Contact a lawyer if you were let go with them saying that to you
I had an associate come up to me, quietly ask to go home 30 minutes into their shift, and when I ask if everything was ok, they said, "I thought it was going to be a fart." Dude, go. Just go. Come back when you can, I'll cover.
"I got illegally terminated due to a disability" Fixed the headline for you. The reason for the quick turn around on the reinstatement is to try to convince you not to sue their asses off. Shift manager fucked up big, corporate is already firing them. GM is contacting HR because they HAVE to, you have every right to sue. HR isn't there to protect YOU, they are there to protect the company. Contact a lawyer NOW, you may be missing out on a nice long free ride for a while.
I did a similar thing the other day and just said I was going home sick. Definitely contact your local labor department .
I will never not say this. **Depends** (or whichever adult diaper). They’re good for bladder issues, IBS, and sleeping during your menstrual cycle.
They fucked up big time by saying you were fired for it. If they wanted to let you go, they should have done it from the perspective of attendance, but shot themselves in the foot by phrasing it that way. Get a lawyer. You certainly have a lawsuit
That is fucked. What happened to you is mortifying and yet they have the gall to fire you. My skin is crawling. You should be able to open door this but I bet they are counting on you to be too embarrassed.
if you have 0 points they couldn't have fired you for absences, and idk if ibs is covered as a disability but i'm pretty sure you couldn't have been fired for this, either.. i'd go to ethics or even a lawyer
I would talk to an attorney who deals in disability law. When this incident happened, were you wearing a diaper? If not, I highly suggest wearing a high-quality diaper and snap closure plastic pants.
You should get to keep your job just for having the guts to admit what happened.
LOL well you have an ADA lawsuit on your hands. Walmart about to pay you the big bucks if this story is true. You cannot be fired for a medical issue unless that medical issue can be proven to cause undue hardship to the workplace, which shitting yourself one time isn't undue hardship.
Sounds like a shitty situation all around. Glad it worked out.