California Employment Law

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I work for Wal-Mart, they have a policy called 'customer…

I work for Wal-Mart...

I work for Wal-Mart, they have a policy called 'customer first' which they say employees are where you want them when you want them. However, if an employee does not have 'open availability' (available 24 hours, 7 days a week and are not full time) those employees receive 0,8,12,18 hours a week. These are sub human hours to feed a family, pay bills, and actually live on. My question being, is there a potential class action lawsuit for Wal-Mart employees against Wal-Mart for under employment?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I've discussed this with an assistant manager, a co manager (whom is leaving Wal-Mart in January, I requested he contact corporate and tell them this is hurting their employees. He said 'even if I did , they wouldn't listen), I've also emailed corporate 4 times and they say to talk to the store manager and then the assistant district manager, which I have not done yet. I, being full time, haven't been hit yet with minimal hours. My part time co workers are suffering though. Management tells them that corporate is doing the schedule and is not giving any extra hours and corporate says talk to management when I email them.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

And no I haven't spoken with an attorney

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A union? At Wal-Mart? I would be fired if I even thought the word union.

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Answered in 6 minutes by:
12/24/2017
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,072
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

On a personal level, I completely agree that these sort of work conditions are unacceptable and not the kind of job you can support a family on. However, legally speaking the practice you are describing do not violate the law and are not actionable as an employer has no legal duty to provide full time employment, and if the terms of employment are not acceptable to you, you are always free to seek alternative work somewhere else. Candidly, that may be your best solution here as I would find the "open availability" practices you describe not only burdensome, but actually offensive.

I wish I could provide you with better news, but I hope you appreciate an accurate and direct answer to your question, which of course is what you're here for. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Ask Your Own California Employment Law Question
Customer reply replied 5 months ago
Thank you for being candid with me, however I wish it were better news concerning my part time co workers. It's disheartening to hear of their struggles with a corporation that pretends that they believe in bettering their employees concerning college degrees (can't have open availability with college courses), family values, etc.

I agree. Unfortunately, Walmart has a reputation of treating its employees in this way. There was even a documentary made about their allegedly unethical practices, called Walmart: The High Cost of Low Prices. The best solution is to work for a better employer, if you want the honest truth.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,072
Experience: Significant experience in all areas of employment law.
Verified
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Satisfied Customers: 14,072
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Experience: Significant experience in all areas of employment law.

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