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greiner3 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 04:54 PM
Original message
One more reason to hate wally-mart;
My 6 month pregnant 19 year old daughter had to go to a doctor for ultra-sound because they had found a spot on the baby's heart. She told her boss that she would miss work. The day after the appointment she went to work and her bosses boss told her that she had an unexcused abscence. The boss was off, so my daughter thought nothing of it. However, two days later my daughter was called into the boss' office and fired. She went to unemplowment and I found out today that wally-mart fought it and my daughter was denied benefits. I know that most companies fight it but now my pregnant daughter has no job and no way to pay rent. She is 1000 miles away and I give her as much out of my SSDI check as I can.

Fuck Wal-Mart!
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 04:57 PM
Response to Original message
1. But at least Wal-Mart is saying "Merry Christmas" again.
They're Christian. Not perfect-- just forgiven.

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Dying Eagle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 04:58 PM
Response to Original message
2. I'm so sorry
Fight back,if you can't sue,try to share you story with local tv news and news papers. Maybe someone will bite and you can hit them where it hurts....public image
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LynneSin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 04:58 PM
Response to Original message
3. Is there a way to get the Lawyers involved
I would think there are some worker-rights groups out there that might be willing to take her case since it is a discrimination against someone who is pregnant.
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MissMarple Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:05 PM
Response to Reply #3
10. That should be easy enough to contest.
Edited on Mon Nov-28-05 05:08 PM by MissMarple
I'm just not remembering who does that. An acquaintance's job changed and she couldn't live with the new hours. She was offered another job in the same office, but that apparently wouldn't work out well, either. She filed for unemployment and the company contested saying they had offered her a different job. They lost. Essentially it was decided that she lost her job due to changes in the office, not through her fault, and the second position didn't equate in keeping her "whole" or whatever.

Also, can you be fired for having a medical appointment? That doesn't sound right. I wonder if she has WalMart insurance and she looked like a liability.
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Skelington Donating Member (436 posts) Send PM | Profile | Ignore Mon Nov-28-05 04:59 PM
Response to Original message
4. Where is dad?
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politicaholic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:02 PM
Response to Reply #4
6. There's a good question...
Her dad or the father of the child?

Plus, how is she going to pay for the birth?
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jandrok Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:04 PM
Original message
Absolutely irrelevant to the central question.
The father has absolutely nothing to do with the fact that the young lady was fired from her job for what looks to be a miscommunication amongst her superiors. We don't know all of the variables, such as past work history, etc., but at first pass this looks an awful lot like discrimination. A good lawyer should have no problem getting a jury to feel sympathetic to this lady's case, should she decide to go that route.
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Skelington Donating Member (436 posts) Send PM | Profile | Ignore Tue Nov-29-05 02:21 PM
Response to Original message
30. it is absolutley relevant,
The relavant portion is who should she depend on when life throws a sucker punch? Mom, Dad, the government? I think everybody has to be prepared to overcome the unfairness, and sometimes bullshit pitches we get thrown. the answer to everything is not always "get a lawyer and sue the crap out of them"! Sometimes life knocks you down because of unfair, wrong, bullshit, but that is the way it is. If dad were around she would have a partner to sail life's unfair waters, not her mother.

This is not the first or the last problem this young lady will encounter, me thinks there is more to the story than just the loss of a job.
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jandrok Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 02:47 PM
Response to Reply #30
32. Nope. Sorry. It has no bearing whatsoever on her situation.
We're dealing with an issue of fairness here, not making a judgement on her marital status. In this case, the answer may very well BE to get a lawyer and sue. Granted, there is no doubt more to the story, but ON THE SURFACE it looks like Wal-Mart attempting to cut it's insurance losses by terminating this employee on a technicality. At the very least, she should try to get her umemployment benefits.

One should not just walk away from an issue if they think that they were truly wronged. Life is indeed full of pitfalls, and I'm very supportive of the concept of personal responsibility, but there's an issue of fairness here that goes beyond that.
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Skelington Donating Member (436 posts) Send PM | Profile | Ignore Tue Nov-29-05 02:57 PM
Response to Reply #32
33. I'm not disagreing that Wallmart is crosscutting another employee,
Yes it sounds wrong, yes I think she is being delt a raw hand, my question is what does she do about it while it shakes out. She is out on a limb in a bad spot. And for asking "what about the dad"? I have now been called a freeper below. So, while everybody writes sympathitic phrases, and agrees that Wallmart sucks, this 19 year old girl is still pregnant, and still screwed. So I will join the ranks, WALLMART SUCKS, GET A LAWYER, PROTEST, and in the meantime her mother can foot the bills, and in the end she can move back home. The question about the father is irrelevant, the point being made is not the pregnant mother, its Wallmart.
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jandrok Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 03:14 PM
Response to Reply #33
34. But she wasn't screwed until Wal-Mart shafted her.
THAT'S the point that I'm trying to make. She had a job with bennies, and was clearly making an attempt to support herself. I have no idea as to what her marital situation is or was, but it's not really part of the conversation. People WITH spouses get wrongfully terminated, too.

Don't be afraid to stick to your guns, either. Open opinions ARE valued here, as long as a person can support them in a logical fashion. Don't agree with others just to agree and get the discussion over with. If you've got a point, argue it. I understand what you're trying to say about having an involved two-parent situation, but we are in no position to judge or speculate. Whatever the circumstances, it doesn't begin to address the fact that it LOOKS like a case of wrongful termination.
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Skelington Donating Member (436 posts) Send PM | Profile | Ignore Tue Nov-29-05 03:31 PM
Response to Reply #34
36. That's the beauty of this type of topic, it's all speculation.
I agree totally, she was fine before she was fired, bennies and all. The question I had was a fair and simple one, what does a 19 year old do in-between litigation, and a corporate fight with Wallmart and the raising of her soon to be born child?
If there were a million responses all telling how shitty Wallmart is, it would mean nothing to me, all that matters to me in this thread is that a 19 year old girl with a baby on the way is right now most likley scared and going a little nuts.

Post #17 has irritated me. I could care less about Wallmart, but if I don't goose step to posting my hatred of Wallmart, my right to converse is questioned. I don't agree with Wallmart, what appears to have happened is wrong, but the mother who posted this has got to be asking herself some of same questions I am asking. The 19 year old girl has nobody to help her except her mother 1000 miles away, that also is wrong.
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jandrok Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 04:01 PM
Response to Reply #36
38. You question is indeed a fair one to ask.
But it's outside of the scope of the original post. I agree with your concern about the young lady and her unfortunate situation, but I'm kind of putting that aside to focus on the central question of whether or not this looks like a case of wrongful termination.

You've GOT a good point, and you've GOT a good question, but I think that it might have been abruptly phrased in your original post in the thread.

As for your other issue, I'd say let it go. You get into enough discussions here and you tend to let things like that roll off. That's why I'm mostly a Lounge Lizard and not a GD poster for the most part. Some people take this stuff WAY too seriously. I say show 'em if you got 'em. I like to hear discussion from across the spectrum.
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Skelington Donating Member (436 posts) Send PM | Profile | Ignore Tue Nov-29-05 07:51 PM
Response to Reply #38
39. Fair enough, thanks and take care.
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BillZBubb Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:22 PM
Response to Reply #4
17. Why would you even bring up this issue?
It has NOTHING to do with the central point. How did you slip by with 155 messages?
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tavalon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 06:15 PM
Response to Reply #17
22. Hey, quit
Yeah, it's irrelevant to the topic but that doesn't make the poster a freeper.
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Skelington Donating Member (436 posts) Send PM | Profile | Ignore Tue Nov-29-05 02:36 PM
Response to Reply #17
31. Nice,
You think that because I don't post a gazillion times, my opnion or comments are less valuable? Maybe you should monitor my thoughts to be sure I fit into your collective. I replied a second time describing how there is a lot more crap in life on the way, fair or not, life is always throwing curveballs. Who is better suited to help her as a MOTHER,her mom dad or the man who helped create the child?

or maybe this answer will "fit" you better, SUE THEM!!< WALLMART SUCKS!!<IT'S NOT HER FAULT!!< SOMEBODY ELSE SHOULD BAIL HER OUT!!
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LoZoccolo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 11:52 PM
Response to Reply #4
43. Do you think about other women when having sex with your wife/gf? n/t
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Jaundice James Donating Member (248 posts) Send PM | Profile | Ignore Mon Nov-28-05 05:00 PM
Response to Original message
5. Notify the local news. Public opinion is the only thing you have
Edited on Mon Nov-28-05 05:01 PM by Jaundice James
against something like that. Not only that, but often times, the community will set up a "fund" when it's clear that someone was seriously wronged like that. Seriously, see if you can start a major media stir in the area where your daughter lives. It's your/her best shot.

Once you get a story in print, post it here and we'll all do what we can spreading the word by email, blogs, etc.

Where was this? -JJ



http://jaundicejames.blogspot.com/
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:03 PM
Response to Reply #5
7. Good luck if WM is an advertiser!
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Sequoia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:04 PM
Response to Original message
8. Seems to me they fired her because she's going to have a baby
and don't want to cough up benefits for that. As far as I know, that's against the law and I think you can fight it, or your daughter can. Tell her to contest Wal-Mart.
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melody Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:04 PM
Response to Original message
9. That's unconscionable - typical corporate crap
Is your daughter in California or one of the more Democratic states? There are options available on the state level sometimes. She might also be able to fight the denial of benefits.
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NanceGreggs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:06 PM
Response to Original message
11. Tell your daughter to call a lawyer ...
... immediately. Once she explains her situation, most decent law firms will refer her to one or several lawyers in the area who can handle the case on a contingency basis (if such is allowed in her state - laws vary).

She might also try to contact several larger, more prominent law firms in her area (or the closest city), where some lawyers do pro bono (free) work on a charitable basis, or for the publicity in a case that can capture media attention, as this one would. I know that sounds crass, but if a well-experienced lawyer is willing to take her on for no fee, who cares what his/her motives are?

Please keep us at DU posted! This is TRULY one of the most disgusting Wal-Mart stories I've heard to date -- and God knows, there are enough of them going around these days.
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LiberalEsto Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:15 PM
Response to Reply #11
16. Call the county Bar Association
They have a list of lawyers who charge a minimal consultation fee for a one-hour appointment through the bar association's referral service.
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Spinzonner Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:06 PM
Response to Original message
12. Check with Dept of Labor and state agency

This may have been a surreptitious way to preemptively get rid of her before she was eligible for post-birth medical leave under the FMLA.

There may be other pregnancy-related violations involved. See this:

http://www.ppspublishers.com/articles/pregnancy.htm#5.%20Can%20we%20discipline%20a%20pregnant%20employee%20for%20performance%20and%20attendance%20problems
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snowbear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:06 PM
Response to Original message
13. Ah, Greiner.. you're a good caring dad !!.....
~~~~~~ (( :hug: ))

I wish you could contact the creators recent anti-Walmart documentary "WAL-MART, the High Cost of Low Price"

They'd have to have the inside scoop on the everything there is to know about Walmart, including who every attorney is who is ANTI-Walmart.

----->>>> http://www.walmartmovie.com/
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shenmue Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:08 PM
Response to Original message
14. Pardon my English...
but they can just go to hell.

:grr:

:cry:

:thumbsdown:
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jeff30997 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:09 PM
Response to Original message
15. I've been boycotting those assholes all my life.
Never been to a Wall-Mart and never will.:grr:
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snowbear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:25 PM
Response to Original message
18. Greiner.. check out the list of places you can contact:
Wake Up Walmart ~ http://www.wakeupwalmart.com/ (skip to homepage)
There's a section on there to relay your daughter's story

Walmart Watch: ~ http://walmartwatch.com/
They even have a blog you can add comments to!

WARN (Walmart Alliance for Reform Now) ~ http://warnwalmart.org/
A group of citizens committed to forcing Wal-Mart to be accountable to community standards and values.

Corp Watch ~ http://www.corpwatch.org/
Holding Corporations Accountable

There's also other contacts on the (anti) Walmart Documentary's "Help" page http://www.walmartmovie.com/help.php
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meegbear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 05:43 PM
Response to Original message
19. Contact the media ...
I'm sure a local station there could do a story on her - and show people what douchebags walmart is.
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 06:00 PM
Response to Original message
20. fuckers. I thought I couldn't hate them more but this takes the cake.
this is so sad. you have my complete sympathies, honey.
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tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 06:06 PM
Response to Original message
21. Have her ask for a hearing.
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 06:29 PM
Response to Original message
23. If she can't get an attorney to help her,
she can file a complaint with the Dept. of Labor regarding violation of the Family and Medical Leave Act.
She can file with the EEOC for pregnancy discrimination.
She can appeal the unemployment decision. There are strict time limits -- make sure she follows them. When she appeals, she should make sure she refers to the FMLA and discrimination issues.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 06:33 PM
Response to Original message
24. Tell her to appeal her unemployment claim
Most companies do fight it but the unemployment bureau often rules to go ahead and grant it anyway.
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troubleinwinter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 07:03 PM
Response to Original message
25. She must fight
National Labor Relations Board:

http://www.nlrb.gov/nlrb/home/default.asp

What state is she in (I know you are far from her)? There is a state board. She MUST file a complaint in her state.


She must fight this. I know it does not answer her immediate needs, but they will likely have to pay triple damages. She MUST fight this.
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JNelson6563 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 07:06 PM
Response to Original message
26. Heartless.
The epitome of heartless. :grr: :grr: :grr:
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-28-05 08:27 PM
Response to Original message
27. DEFINITELY fight and appeal.
They are expecting her to just accept the verdict and give up. Don't let it drop.
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Llewlladdwr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 12:23 AM
Response to Original message
28. Not trying to be offensive...
but if you or your daughter intend to fight this you need to be sure her hands are clean. If she has a history of absenteeism or less than stellar performance you can bet that will be brought up at any hearing. You'd also be amazed at the number of ex-coworkers willing to slam your performance when you leave an organization, especially under a cloud. Just a couple of things to look out for....
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Az_lefty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 10:59 AM
Response to Original message
29. so much for the RW culture of life. n/t
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holeinthedonut Donating Member (18 posts) Send PM | Profile | Ignore Tue Nov-29-05 03:26 PM
Response to Original message
35. Let's be realistic for a second shall we?
Don't get me wrong I have not shopped in a Wally Mart in many many years. I go out of my way to push people to shop locally etc but.... IF this story is complete as presented, Wally is displaying a level of stuipdity that rivals their ruthlessness. IF this story is complete, this young lady will absolutely positively collect boat loads of money and Wally will suffer yet another public relations blackeye, IF this story is complete, the intreperations of those who wrote above are accurate but I suggest there's much more than meets the eye here. Wally doesn't stick out a chin and give you a free punch which is how this is presented.

Hate Wal-Mart with all your heart but don't be duped by ANY stories from either side. You gotta think these things through.

thanks for listening.
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alarimer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-30-05 12:08 AM
Response to Reply #35
44. Walmart has a history of doing this stuff
It would not surprise me for it to be completely true. In any case, are you suggesting that the OP is LYING??? That isn't nice at all.
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warrens Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 03:53 PM
Response to Original message
37. Tell her to appeal, immediately
That is an excused absence. It's medical care.
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wicket Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 08:06 PM
Response to Original message
40. Tell her to appeal, and get the media involved
This is outrageous!!! :grr: :grr: :grr:
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npincus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-29-05 08:13 PM
Response to Original message
41. I won't shop there. Ever.
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Heewack Donating Member (297 posts) Send PM | Profile | Ignore Tue Nov-29-05 09:40 PM
Response to Original message
42. She doesn't have much of a case.
First she can't tell her boss she is taking off, she should have tried to work something out in the schedule. Secondly, the ultra sound appointment usually only takes an hour or so. So, if she had gone back to work that same day they could not have called in an unexcused absence.
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