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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19771
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I just was terminated Saturday, several reasons, but said I

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I just was terminated Saturday, several reasons, but said I didn't clean microwaves, and I stood at the desk. This is wrong, I have evidence, I was doing my job, better than I had I thought. I have had been talked to repeatedly because I made statements about how unfairly I was being treated compared to others who also worked there. I didn't get same opportunities I was led to believe when I started there, and went through their on boarding. I should still have my job, they retaliated because I ask questions about why we were being watched, a manager said that is harrassment, but yet I was being watched because of reasons of PTL and whether or not they needed to downsize our budget, -a.k.a people- Me. I was forced to do something by my manager that is dangerous and also illegal by Walmarts policies, but I had to do it, and I was treated like a immebicl when I was performing my task. I have been told that I am lucky to have this job, as a janitor. That many others could have my job. I have reasons to believe that not only illegally was I treated, along with my co-worker, but unfairly and I was lied to and made feel like I did not know how to perform my job function, but I was completely embarrassed many times by the way I was spoken to in front of other Co workers. I was told to move a pallet of paper towel dispensers on a pallet, everyone else is able to use a pallet mover of some kind, but I had to walk each box to the blue cage one by one because they do not allow me to use equipment like all the others in maintenance, and through out the building. I was written up for reaching up my arm to the cart, in which I pinched a nerve in my shoulder which made my hands tingle and go numb, but it stated in my job description that reaching and twisting, turning ex.. was a part of the requirements of my position. I have a brain injury, I am not dumb by any means and I did my job. The girl that I work with also has a brain injury and she gets treated in the same way please tell me if there's anything that I can do I've just completely lost my job I've had for 7 months all income to my family this is Bologna the reasons why they fired me.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 9 months ago.

Hello,

Thank you for the information and your question and I am sorry to read about your situation. I am assuming that you are no in a union. If you are, then you will have to file a grievance through the union for your termination under the bargaining agreement. If you are not in a union, then in Minnesota, like most other states, you would be considered an employee "at will." That means that your employer could legally let you go for any, or no, reason unless doing so would violate their own written polices, a contract, or was motivated by your gender, race, national origin, age (over 40), religion, disability, pregnancy or military service.

You seem to be indicating that your employer targeted you because of your brain injury and not merely because they are just poor managers or because of your performance. If that is the case, then you might have a wrongful termination case under ADA (disability) discrimination laws. Otherwise, as I mentioned above, with "at will" employment, they could be as unfair as they wanted and still be legal. So, you can file a complaint either with the Minnesota Department of Human Rights or the EEOC, and you may also want to sit down with a local employment law attorney to see if they think you should file suit now or wait for one of the agencies I mentioned to resolve your complaint.

You can find out how to file your complaint with the State by going to the following link: http://mn.gov/mdhr/yourrights/employment.html

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 9 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.