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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
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What happen was i was doing my normal job at walmart and i

Customer Question

what happen was i was doing my normal job at walmart and i was called back to assisant manager and was told i was being fired for something that happend two weeks ago
JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?
Customer: not yet no
JA: Please give me a bit more information, so we can help you best.
Customer: basically what hapened two weeks ago the csm told me that i couldnt have my lunch and i so i went to other side im a cart pusher and they have distrimated against me and another worker for things when have not done or for the unable to work fast enough theres two others that they favorite over the rest they have treated me wrongly
JA: Is there anything else the Employment Lawyer should be aware of?
Customer: im white and so is the other who they fired and the two they are favoring are native american and mainly thats what goes to this walmart i think theres a bit of racist part in it as well
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Lunch period is not legally required under federal law. You didn't list which state you are in. If your state doesn't require a lunch period either (and many states don't), it's not illegal to disallow a lunch period. If your state does, then you just need to report them to the Department of Labor for your state.

As for the discrimination you mentioned, you didn't really state how it is discrimination. Yes, being treated differently than other people is part of discrimination, but you also have to be alleging an illegal motivation.

So, you said two others are their favorites, but two of you are always getting picked on. Why? For it to be illegal, you have to be able to say (and show evidence) that you are being treated differently because of race, religion, gender, age (over 40), disability or medical leave use. You've not mentioned any of these things. If you can allege one of these, then you need to file a complaint with the EEOC in your state, alleging discrimination.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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