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Walmart just fired me, is there anything I can do about this?
Anonymous3 views2 answers
Wal-mart's absence policy says you can have up to three unexcused absences in a six month period. Each absence you can miss up to three consecutive work days. I was sick with the flu and missed work for what would be my second absence. I called in about 3-4 hours AFTER my shift had started. My phone service was off so I had to wait for my boyfriend to get home, I called in as soon as I had the chance to do so. I also called in the next two work days, once before my shift, and once about 15 minutes after my shift. The next time I came in, I couldn't clock in, so I went to management and they said I was out of the system. They just removed me from the system, they didn't have me sign any paperwork, nothing. Is there anything I can do about this?
Employment law issues typically require a careful and detailed analysis, so I would encourage you to consult in person with an employment lawyer. One possible claim you may have is interference with your rights under the Family and Medical Leave Act (FMLA). However, employers are generally free to enforce an absence reporting policy without violating the FMLA, provided that the policy has been disseminated to employees and is consistently enforced. Again, you'd need to consult in person with an employment lawyer to get a careful analysis. Good luck.
Guy W BluffConstruction / Development LawyerPhoenix, AZAZ licensed ·
When you were first hired by Walmart you were provided an employee manual which detailed the circumstances for absence leave, including the specific requirement that you notify your supervisor PRIOR to missing work and PRIOR to the start of your shift. The only exception to this is when there are extraordinary circumstances (like an accident) which might excuse the first day late notification but not subsequent days. What you described is simply being sick and your failure to call in was due to not having a phone - neither of which was likely considered a valid excuse for the late notification. Under the circumstances, Walmart likely elected to terminate you for failure to timely provide notice as required by their employee policies.
You should still try to meet with an attorney, have him / her review the policy and manual carefully to determine whether there was an exception which might excuse your actions and thus possibly get your job back.
