Wal Mart has really done it this time.

My wife, a 7 year Wal Mart employee, is getting terminated from her job because a "person of color" filed a false claim with Wal Mart that she discriminated against him because he was "of color".

My wife works at the return desk at a Wal Mart here in WA. A guy returned an item (with receipt)..no problem. He also wanted to "check-out" a full cart-load of items. People were waiting to return stuff, so my wife asked him, since he was way over the 10 item check-out limit for the return desk, to go and check out at a normal cashier.

The guy says "Sure, no problem". But he comes back the next day and files a formal complaint with the manager saying because he was "of color" my wife refused to check him out. Total load of crap. Heck, 80% of her good friends are "of color", and she is the most color blind person I ever met.

The claim is/was totally false. Her co-worker working with her gave a statement that totally backs up my wifes version that she (my wife) was simply doing her job, asking the guy to take the 30+ items to the regular cashiers desk because her dept. had a 10 item limit, and people were waiting in-line to return stuff.

Wal Mart, rather than deal with the facts of the situation, chose to settle with the man for quite a bit of $. They (Wal Mart) did little or no fact collection and rather than take any chance for bad press, paid the guy off.

She (my wife) is trying to get copies of all the related paperwork, but Wal Mart says they are confidential and can't be released; They (Wal Mart) and are now covering all their collective arses. Basically, they paid off the guy because they didn't want any bad press, and now are firing her because they had to pay money on a false claim which they (Wal mart) didn't have the juevos to stand up and argue against in support of a good employee who did NOTHING wrong in any way.

This will damage my wifes work record, forever, and make it tough for her to get any job. She did nothing wrong, and is now left "swinging" by Wal Mart.

I need to contact some kind of attorney. No experience with this stuff, but I WILL NOT let this just go away, but am smart enough not to do anything stupid to jeopardize anything. Wal Mart needs to be held accountable, in court, for this.

Suggestions? Mike

p.s. I'll never walk in another Wal Mart again. I hope good people will begin to learn that this is a bad company, who takes our $ and buys all their stuff they sell overseas. Very little in any Wal Mart is "Made in the U.S.A. and they treat their employees worse than garbage.

Sounds like a case of reverse discrimination, so I'd give the ACLU a call.

Of course merely mentioning ACLU will get you labeled as a far left winged radical socialist here, but ya gotta do what ya gotta do.

Another thought would be a lawyer that specializes in union type grievances. Unions usually protect members from abuse like your wife experienced, but again, simply mentioning a union will result in the same as above.

Thanks guys for the tips.

We will be seeing an attorney in Mt. Vernon at the earliest conveneince this week.

I am also preparing letters to the Seattle Times and other newspapers about this. We may not ahve enough $ to get Wal Mart into court, but I am damn sure going to let the people of Wa. know what kind of company they are dealing with when they choose to spend their money there.

Mike

Believe it or not Harley I would say the ACLU as well. See if they defend against this kind of injustice as they do when the tables are turned.

One thing I would make sure of is that WalMart doesn't have a policy that you wife violated by refusing to check out someone...even if they exceeded what the sign said....Ever been to Costco?

By the way was their an official reason for termination given? Maybe Labor and Industries could help?

No wonder some people are perpetual victims in our society if we cave in like this. But then again just a hint of a discrimination claim sends the corporations running for their checkbooks. WalMart has had alot of discrimination lawsuit problems lately so I can see how they could be over sensitive. If you wife had strong witnesses maybe she could sue the guy who caused the trouble for false reporting?

MIke: Do call the ACLU. I have seen them take on cases likle your before. It's damn sure worth a try.

Also consider lookng into an attorney who will work on a contingency basis. They will take 30 to 40 percent of what they get, but that's a lot better than nothing. If you do that be VERY clear on who pays expenses. They can add up fast.

And do let us know how this come out.

It is a big mistake to get the media involved or others until you have your legal rights examined and any possible case layed out. Or make public statements re the facts of the case.

Yesterday, when she got to work she was advised by the "Co-Manager" that she would be fired first thing this morning when she arrived at work.

So, with a new attitude to collect as much information as possible as they fire her, she is off to work.

She (my wife) did clarify for me last night that her manager is against this action, as he knows there was no proof of any discrimination, however, being a good little Wal Mart commie, he has to follow the party line as handed down from the on-high corporate offices.

AuntyM: Thanks for the great tips. WA. is a "no right to work" state, and you can be fired at any time, for any reason, and generally without recourse.

In this case, however, where she is fired "for cause", they are going to have to substantiate the reasoning. The EEOC seems to be the starting point for any action we need to take.

As for the ACLU, I'll wait and see what the attorney says. This is more of a case of wrongful termination than discrimination, unless we sue the guy who filed the complaint, and he has no assets to pay with, I'm sure. I would prefer to just pound Wal Mart and be done with it and get on with our lives.

My wife treated this guy like any other customer, and had she been "of color" the man wouldn't have ever said a word, but since she is white and he wasn't he decided that the reason was that she was discriminating against him. Such total BS.

Thanks to all of you for the support. I'm in the middle of a custody fight for my daughter, and with this new issue being tossed on-top it makes life a bit tense.

Mike

The EEOC is a good start and not talking to the media is also good advice. Let an attorney advise you on that and take a day or so to calm down before contacting them so you don't appear to be an angry lunatic. First thing have her go file for unemployment. The state will then investigate on your behalf and will also find out if Walmart is going to contest benefits. If the state allows benefits then that can be also used as ammo. There may very well be an arbitration clause that she signed when hired or at some point thereafter which would mean you can't take them to court only to arbitration. Try to find any and all Walmart paperwork from the beginning of time including performance evluations and such. Also, anybody on her side there is going to clam up real quick for fear of losing their jobs. Although they appear to be friends now they can't be if they want to stay employed. So, I'd say go file unemployment first. Write down the facts as you see them. Request from Walmart the reason for termination in writing...it will be something real generic. Start a folder with your facts and any and all paperwork including names and, hopefully, home addresses and phone numbers of co-workers and witnesses. Take a time out to calm down. Talk to the EEOC and go from there.