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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 26774
Experience:  Employment Law Expert
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I WAS TERMINATED FROM WALMART. AT THE TIME IT WAS MARKED ON

Resolved Question:

I WAS TERMINATED FROM WALMART. AT THE TIME IT WAS MARKED ON THE FORM I WAS ELIGIBLE FOR REHIRE. AFTER 6 MONTHS, I APPLIED FOR A DIFFERENT JOB WITH WALMART. THE HUMAN RESOURCES MANAGER BLOCKED MY APPLICATION FOR HIRING ME. I FILED AN EEOC COMPLAINT BASED ON AGE AND DISABILITY. WAL MART ATTORNEY RESPONDED TO THE EEOC THAT BECAUSE I WAS FIRED, I WAS NOT ELIGIBLE FOR REHIRE. THE ONLY REASON GIVEN FOR THE ORIGINAL TERMINATION WAS FOR TAKING EXTRA SMOKE BREAKS, NOTHING MORE SERIOUS.
THIS A CONTRADICTION.
WHAT ARE MY LEGAL RIGHTS UNDER THE CIRCUMSTANCES.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer:

IS THERE ANY LEGAL ANSWER I CAN USE BECAUSE I WAS DETERMINED TO BE ELIGIBLE FOR REHIRE BY WAL MART AND THEN BECAUSE I WAS FIRED THEY ARE USING IT FOR ANSWERING MY EEOC COMPLAINT?

Dwayne B. :

You would have to ask that the provided documented proof of that policy and then you would have to do some discovery to find out if anyone is ever fired and then rehired by Wal Mart.

Dwayne B. :

I don't see any contradiction in the facts you've given but I have never heard that Wal Mart had that policy.

Customer:

I DON'T UNDERSTAND BECAUSE THE FIRING HAS NOTHING TO DO WITH THE EEOC COMPLAINT. THEY ARE SEPARATE ISSUES.

Dwayne B. :

You filed the EEOC complaint because you were not rehired, correct?

Customer:

NO, BECAUSE THE HUMAN RESOURCES MANAGER WITH WAL MART CLAIMS SHE NEVER BLOCKED MY APPLICATION.

Dwayne B. :

What action did Wal Mart take that resulted in you filing the EEOC claim?

Customer:

THE FACT THAT THE HUMAN RESOURCES MANAGER BLOCKED MY NEW APPLICATION AND THEN LIED ABOUT DOING SO.

Dwayne B. :

Okay, so the HR person blocked your application and you were not hired and this was why you filed with the EEOC, correct?

Customer:

YES FOR THE REASON STATED.

Dwayne B. :

They stated the reason that you wren't rehired had nothing to do with disability and age, that you weren't rehired because you were fired originally. What you have to do now is prove that there are other people that have been fired and rehired.

Dwayne B. :

Because that then proves that they are lying about the reason for not rehiring you.

Customer:

IF I CAN PROVE THIS, HOW SHOULD I HANDLE IT FROM HERE.

Dwayne B. :

Once you prove that you have to wait for the EEOC to see what they will do. At some point they will either help you get it resolved or send you a "right to sue" letter. You have to file a lawsuit within a couple of months of getting that letter but until you get it there isn't anything else you can do other than ask your EEOC investigator to help you get paperwork showing other employees that have been fired have been rehired.

Customer:

OK I UNDERSTAND. THANK YOU.

Dwayne B. :

You're very welcome and I do wish you the best.

Dwayne B. :

Anything else I can assist with before I exit to help others?

Customer:

NO

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

Bye!

Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 26774
Experience: Employment Law Expert
Dwayne B. and 2 other Employment Law Specialists are ready to help you

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