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My wife has been sick lately and Walmart called her into the…

Customer Question
My wife has been...

My wife has been sick lately and Walmart called her into the office and ash her if maybe it would be time to qutt her job due to her age and the enviromentt at walmart

Lawyer's Assistant: Has your wife discussed this with a manager or HR? Or with a lawyer?

No but she is 73 years old an does a good job for them

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Hourly she just got a raise to 12.50 an hour

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

The head boss called her in the office and said shes missed 7 days work in the last two years you see when you reach nine days they can fire you but there is a person there trying to get fired when he got his nne days in they took all the days away that he had missied this is not fair

Submitted: 3 months ago.Category: Employment Law
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Answered in 3 minutes by:
3/26/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,566
Experience: Employment/Labor Law Litigation
Verified

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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

On these facts, you should contact the EEOC in your state and allege age discrimination based on their statement to her. That really is the only recourse in situations like this, where the employer is making a decision directly related to age (made evident by their comment).

The EEOC is a federal agency that is tasked with investigating claims of discrimination and preserving her right to sue, if that becomes necessary. It is a protected activity, so once she files she comes under the anti-retaliation protections of the law and that tends to make a person's job situation immediately better, as the employer does not want to be accused of retaliation in addition to the current allegation.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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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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