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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17008
Experience:  Licensed Atty, 28 yrs exp in the practice of law.
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I recently was terminated from Walmart after 20+ years. Up

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I recently was terminated from Walmart after 20+ years. Up to this point I have never considered legal action against Walmart for denying me due process on 2 different occasions, because raising family, I could not afford to give up my job to do so.
In Walmart's SOP, essentialy they state that except for gross misconduct(theft, ethics violations, etc.) any major demotions or changes made to an employee's status shall not occur until proper steps(coaching) is done to give an associate an opportunity to address any issues in how a job is being performed. On one occasion, without even being able to personally address a regional manager who decided without notice I should be taken out of a pharmacy manager position and made a district floater. On another occasion, without notice a staff position I had close to where I live was given to anther pharmacist who transferred in and I was made a floater again. While I was paid for my mileage as a floater, I was not paid for my time.
Submitted: 4 years ago.
Category: Legal
Expert:  Marsha411JD replied 4 years ago.
HelloCustomer

In order to answer your question, I need some additional information. What did Walmart tell the reason for your termination was? Were you ever warned or given a negative evaluation/counseling for the issue you were terminated for? Are you over 40? Does Walmart have a written policy about posting open positions for a certain period of time prior to filling them in house?

Thank you.
Customer: replied 4 years ago.
Walmart accused me of theft. They have me on tape(which of course I knew was running) of taking medication. I explained them not only was the medication I was taking medication I had prescriptions for, but the medication was paid for. If not for the issues I have explained to you with previous due process issues, I would have fought for my job. I was simply worn down. As Walmart admitted, I had given many, many extra hours voluntarily to help the new supercenter pharmacy do well. I am tired of trying to please. The question I have does concern my termination. At Walmart, hourly pharmacists except assignments on the road knowing they get paid for time on road. Salaried pharmacists do not. I was salaried, but without due process was designated to travel twice. Not only did I give up many hours on the road, but in the case of going from manager to floater, my pay rate was cut and I lost my ability to make bonuses. I simply want to now if I have a case to recoup anything for what I consider the above injusices.
Expert:  Marsha411JD replied 4 years ago.
Hello again,

So, based on the additional information you have provided, it looks like Walmart did not violate their own policies when they terminated you since you were terminated for serious misconduct. Even if you were not guilty of theft because you had already paid for the product, then if they have a policy about filling your own prescriptions you may have violated that. I don't know, but based on my very limited information about your case, they may have terminated you lawfully. If you believe that they did not, then if I were you, I would consult with a local employment law attorney and see what they think your options are after you give them all the specifics of your employment history, etc.

As for your pay, you may have a better chance in getting back pay based on the fact that some pharmacists are categorized as hourly, and therefore covered by the overtime provisions of the Fair Labor Standards Act, and some are considered exempt and not covered by the Act. In your case, Walmart has categorized you as exempt, because of that you were not entitled to overtime. The problem with that action by Walmart, is that if you have essentially the same duties and responsibilities as the hourly pharmacists, then you may under the eyes of the law, really be a nonexempt employee and entitled to overtime. Walmart is notorious for their problematic employment practices, and this is one area where they have made some errors in the past. If I were you, I would consider filing a complaint with the Wage and Hour Division of the Department of Labor for violation of the FLSA based on misclassification as exempt. You might also want to speak to a local employment law attorney about this issue too, so that they can compare your job description/duties with that of hourly pharmacists to see if they are similar enough to be considered the same under FLSA.
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17008
Experience: Licensed Atty, 28 yrs exp in the practice of law.
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