Employment Law

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Hi how are you? I would like to know what I can and can not do to sue Walmart (my employer) for mistreatment.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Georgia.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time I am a customer service manager overnight.

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

Absolutely, Walmart attendance policy states that a salaried member of management is to look at attendance and add any points to your attendance with in 14 days. I just came back from a vacation, which I printed my attendance and only had 4 points. Now that I am back I have 11 points for days that I took bereavement, PTO (vacation), and days that are past the 14 day policy to add points your attendance. This is unethical. After you reach 9 points you are terminated. I feel as if Walmart is trying to wrongfully terminate my employment.

Submitted: 10 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/24/2017
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,260
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. This appears to be a classic breach of contract on the basis that they are adding attendance points after the policy says that they are allowed to do sol. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, including any lost wages in the event that you are terminated. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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