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  1. #1
    Join Date
    Jul 2011
    Posts
    3

    Default Fired Due to Unknown Company Policy

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

    I have been working at Wal-Mart for close to a year now and have received a previous coaching do to my attendance (I have FMLA). The incident that caused my termination went as follows:
    During a shift where I was training a new cashier, another Cashier, we'll call her Sally, approached me and asked me to alert the door greeter, we'll call her Hannah, about a woman that was at the self check-out stand. She was unsure if the woman had placed an item in her bag that wasn't paid for and wanted to make sure Hannah checked the bag. Hannah has a hard time understanding English and the English she speaks is sometimes broken. I explained to Hannah in the best way possible the situation at hand. Once I thought she understood I stepped away.
    Next thing I know the customer that she had checked called the store and alerted me that Hannah not only checked her grocery sack, but also checked her purse. I am fully aware that it is against policy to check a customers personal belongings at the door. Immediately I contacted our assistant manager and let her know. A few weeks later I was called into the office and was interview by both the assistant manager and our store manager. I told my side of the story and concluded that there was some miscommunication involved and they said that an investigation would be conducted.

    Just last week, about a full month after the actual incident I was pulled in again. I was told after the investigation they found I had violated a policy which stated that I, being a cashier, was not allowed to give instruction to any other employees unless I was a salaried member of management or a employee with such powers (Such as a Customer Service Manager). I was told the following day would be my D-Day and I would then find out if I could keep my job or not.

    I was terminated for violating the policy they mentioned, which I knew nothing about until this incident occurred.

    From what I knew previously Sally also had a prior D-Day and she was allowed to keep her job. But as far as I could see from the investigation they did not in any way question Sally and I feel that it may be do to the fact that she is pregnant and they don't want any legal trouble for discrimination.

    What I would like to know is if I have a place in suing the store for this situation that ultimately ended with my termination?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired Do to Unknown Company Policy

    What happened appears to be unfair but does not appear to be illegal.

  3. #3
    Join Date
    May 2008
    Posts
    111

    Default Re: Fired Do to Unknown Company Policy

    I too once worked for them, however they explain every policy related to your job before you even touch a register. You take tests, read the handbook, watch videos, etc. And if you were not even there for a year, how did you have fmla?

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