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  1. #1

    Default Fired Due to Conficting Expectations of Managers

    My question involves labor and employment law for the state of: Pennsylvania

    Until today, I was employed by Walmart. I worked in a high traffic service area. One of the Assistant Managers made a "joke" about me using my "skills" to jump up high to reach an extension cable hanging from the ceiling. Another coworker asked "are you saying that because she is black?" He then proceeded to instruct me to dust the tv display wall and I responded with a statement that he took offense to. I was called in the office and given a written warning and a decision day. A few weeks later, the same A.M. told me he did not want to see me working behind my counter unless I was helping customers. I was to be dusting shelves or zoning products. There are duties that I need to perform that can only be done behind the counter. None of my other coworkers in the department were told the same. There were times when two or three of them were in a huddle at the second counter and yet I was always singled out and asked what I was doing. This continued for about two weeks. Today my immediate department manager gave me a project to do behind my counter. I was to empty boxes, count the contents, label, and mark the boxes. There were about 10 very large boxes with approx 15 different products that needed labeling. This took me most of the day because I still had to assist customers, answer the phone and straighten another department. The associates at the next counter had their own projects behind their counter. After I completed my day, I was called in the office and terminated for being behind the counter.
    Would this be considered a wrongful termination?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,991

    Default Re: Is It a Wrongful Termination

    Not based on what you posted. What law do you think they violated by terming you?

  3. #3

    Default Re: Is It a Wrongful Termination

    If you are asserting, OP, that (1) your employer terminated you despite the fact you were performing your duties in a manner comparable to that of similarly situated white employees and (2) you believe race constituted the casual factor in this disparate treatment, then you should contact the EEOC or the PA FEPA to file a charge of discrimination challenging your discharge.

    Separately, what did you say to the manager who asked you to dust the TV display wall? Had other employees used comparable language in speaking with management? If so, what, if anything, happened to them? How much time elapsed between the display wall incident and your discharge? Your answers to the foregoing questions may provide a better picture into whether you can pursue a viable discrimination charge.

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