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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I was recently terminated from Walmart with out any reason

Customer Question

I was recently terminated from Walmart with out any reason is that legal? They didn't say why I was terminated I was just terminated by a department manager who has a history of singling out associates to pick on
JA: Is there any reason to believe this to be retaliation? Or based on race, religion, age, gender, disability, or national origin?
Customer: I believe it's retaliation. This is what happened, I was looking for my department manager and I stopped a few co-workers to see where she was, that's when the Manager who terminated came over and said "shouldnt you be working" and I said "well shouldn't YOU be working". So he pulls me into the managers office with the manager I was orignally looking for and just said to me "hand me you badge and vest you're being terminated" I asked several times why was I being fired and he wouldn't tell me. I called the store manager the next day and not only did she not believe me she said she would investigate it and never contacted me back and has been avoiding my phone calls
JA: Is the employment "at will," union, full time, or part time?
Customer: Part time though I was working 40 hour weeks
JA: Anything else you want the lawyer to know before I connect you?
Customer: Besides what I already shared, no.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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Can you tell me what state you are in?

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Were you under any type of written fixed employment contract, like a year long contract?

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thanks

Barrister

Customer: replied 2 months ago.
I live in New Jersey and no I wasn't under any contract that I know of
Customer: replied 2 months ago.
I rather talk here
Expert:  Patrick, Esq. replied 2 months ago.

Hello,

I am a different attorney. I see that the original responder opted out so I am happy to pick up where they left off.

Unfortunately, employment in all states but Montana is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. Therefore, termination would be lawful under the circumstances you describe, even if it was not truly warranted. You should, however, be eligible for unemployment benefits as you look for new work.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.