Several redbooks have been opened because of me and have been investigated ranging from harassment to sexual harassment. The most recent one had to do with an investigation for sexual harassment the associate was fired in the end. Several associates called the cops on me in the walmart parking lot and in the police statement it states that the associates made the call to wish to complain about another coworker (me) on property off the clock. I was later arrested for a dui because of my medication. I was in jail for 21 days and terminated for no call no show. I got out of jail and found out the call was made in retaliation to an investigation because another associate was pissed off at the outcome of it. What the two associates did to me by calling the cops on walmart property went against the store policy. I'm just not sure if I have a law suit here or not and I'm not sure how to go about filing one. I've had to have several red books open

What's a Redbook?

But it doesn't sound like you have a case. It doesn't sound like Wal-Mart either contributed to or allowed this to happen.

You were arrested for a dui 'because of your medication' and spent 21 days in jail?
If you care to explain how your medication turned into a dui, feel free, but I also don't think you have a case against Walmart, regardless.
The redbooks need explaining too - how many were on your behalf and how many were against you.

The at least 2 redbook was on my behalf and 1 against me but nothing came of that one red book against me.

And the call was made in retaliation to the investigation (redbook) the call happened on walmart property which is against policy. From what I've heard corporate and there lawyers are involved now and that with what happened is big. Even the store manager said associates aren't allowed to call the cops on other associates and that it was against policy.

Exactly, its against policy. So Wal-Mart cannot be held responsible for employees who violate policy.

You dn't have a case against them.

That's why I say law suit for hostile work environment.

I don't see a case here. Walmart policy only applies when you're at work. Once you're off the clock, it no longer applies. If you were arrested after your shift, it doesn't matter if other employees (who were also off shift) called the police.

Bottom line, obviously the police had enough on you that you spent 21 days in jail. During that time you were a no show no call for work. Walmart didn't land you in jail. You could claim that fellow employees did, but if there were no grounds, you wouldn't have spent 21 days in jail.

Can you prove that this is retaliation? Proof doesn't consist of things you heard, or what you feel, you have to have tangible proof. Do you have that? If so, what proof do you have?

No matter what, Walmart isn't responsible. Can you sue? Sure, anyone can. Will you win? With what you stated here, no, you won't. Not against Walmart.

If your on an a associate it doesn't matter if your on your off the clock. If your on property your considered to be on the clock. Friend got written up 15 minutes before he even clocked in based on a statement someone wrote and he was outside having a smoke in the parking lot. The CALL happened on property between two associates and me. Police report even said co-workers wished to complain about another co-worker. An associate can't just go out and call the cops on another associate and press charges on them for battery if an associate trips another associate. They have to go to the store manager.

P.S. Hey lets call the cops on this associate and hed get fired for no call no show for being in jail since we can't find any other way to get this associate fired. That is what I mean by hostile what they did was harassment as well because they were all ready informed by the police that there was nothing they could do since I was "home".

If you commit a crime against another person they can call the police no matter if they are working or not. A work place can not forbid you from reporting a crime. Battery is a crime.

Then if charges are dropped then it'd be a different situation. It doesn't matter like I said associates are not allowed to call the cops on other associates doesn't matter if a crime is being committed or not. Calling the cops on other associate goes to show disrespect for an associate which means they are going against more than one policy. Cell phones are not allowed at work as well.

If your on an a associate it doesn't matter if your on your off the clock. If your on property your considered to be on the clock. friend got written up 15 minutes before he even clocked in based on a statement someone wrote and he was outside having a smoke in the parking lot. The CALL happened on property between two associates and me. Police report even said co-workers wished to complain about another co-worker. An associate can't just go out and call the cops on another associate and press charges on them for battery if an associate trips another associate. They have to go to the store manager.

P.S. Hey lets call the cops on this associate and hed get fired for no call no show for being in jail since we can't find any other way to get this associate fired. That is what I mean by hostile what they did was harassment as well because they were all ready informed by the police that there was nothing they could do since I was "home".

So you're saying that if you're at home, and an associate comes over, you two fight, he calls the cops on you, it's Walmarts fault? How? I'd love to hear the explanation as to how this is Walmart's doing.

If you can prove that you were wrongly jailed (proof, not feelings, not assumptions, but actual proof) you may have a case against the other employees. But a case against Walmart? I don't see one.

Again, you can sue. Anyone can sue. But will you win a suit against Walmart based on what you told us? No. Not at all.

then if charges are dropped then it'd be a different situation. it doesn't matter like i said associates are not allowed to call the cops on other associates doesn't matter if a crime is being committed or not. Calling the cops on other associate goes to show disrespect for an associate which means they are going against more than one policy.

Is this is in the Walmart handbook? Does it actually say "If an associate is committing a crime, another associate cannot call the cops, no matter what the crime being committed, is"? That's the most ludicrous thing that I've ever heard, so you better be able to point out where, in the Walmart handbook, this is stated.

What you're saying is that one employee can murder another, but the other employees witnessing the murder, cannot call the police, because that's Walmart policy. That's exactly what you're saying. Does that make sense to you?

Lets take this to the extreme to show you how abusurb you are being...
A woman associate is raped at work. She can not call the cops because it happened at work and Walmart has to deal with it.
A man is murdered by his co worker at Walmart. Again the crime can not be reported as Walmart must be the judge and jury.

Do you see how this would never fly. How a business could get in so much legal troubles for refusing a person their right to report a crime and have the police investigate.

If a crime is committed a person is allowed to report it if they chose and no work place can say otherwise.

They can report a crime but they have to go through the store manager about it first. If not then they're not allowed too.

Just like if an associate witnesses someone stealing from the store and on the clock they can not use the cell phone to report that crime. They have to let the store manager or manager know before they can make the call but even then associates still aren't allowed too make the call only the managers are.

If someone committed a crime against me like hell I would talk to store manager first (and I doubt that is legal anyways). I would be calling the cops on anyone who committed battery and or bullied me at work.

So you're saying that if you're at home, and an associate comes over, you two fight, he calls the cops on you, it's Walmarts fault? How? I'd love to hear the explanation as to how this is Walmart's doing.

If you can prove that you were wrongly jailed (proof, not feelings, not assumptions, but actual proof) you may have a case against the other employees. But a case against Walmart? I don't see one.

Again, you can sue. Anyone can sue. But will you win a suit against Walmart based on what you told us? No. Not at all.

Its not walmarts fault. The call here in the report happened on walmart property between two associates and this is not assumptions this is actual proof through the police report that these two associates called the cops on me. What happens on walmart property is considered on the clock.

Let's make it even more clear with another example, and note, this is just a hypothetical.

Let's say you beat one of your fellow employs to death after work in the parking lot. Two other employees see you do it. Are you saying they're not allowed to call the police, because it says so in the Walmart handbook? Now you want to sue Walmart because the police were called when you committed a crime, and according to their policy, the two people that called the cops, weren't allowed to do so?

Do you not see how ridiculous this is?

I'd really like you to post the exact policy you think these employees broke. If you can, you should know that no one, not Walmart, not even the President, can deny you the right to call the police when a crime is being committed. So really, if you can prove that this is Walmart policy, you still don't have a case. Unless you can prove that you were wrongfully arrested, you have nothing. If you can prove that you were wrongfully arrested, at best you have a case against those that called the police, not Walmart. But you'd need to prove that you were wrongfully arrested, and that they only called the cops out of retaliation, not because you committed a crime.

Good luck with that.

If someone commited a crime against me like hell I would talk to store manager first (and I doubt that is legal anyways). I would be calling the cops on anyone who comited battery and or bullied me at work.
If its another customer and your another customer itd be different but this is between me and two other associates. NOT customers.

just like if an associate witnesses someone stealing from the store and on the clock they can not use the cell phone to report that crime. They have to let the store manager or manager know before they can make the call but even then associates still aren't allowed too make the call only the managers are.

A theft while at work, on the clock, is handled differently than an assault.

You're right, if an associate is caught stealing by another associate, the chain of action normally taken, starts with reporting it to the manager.

But we're not talking about theft here, we're talking about assault. Also, you stated that you weren't working at the time, you were done with your shift.

You really don't get the difference, do you?

Let's say you and I work at Walmart together. We're scheduled to work a shift together. During our shift I go to the bathroom, you follow me in, and you beat me up. Do you think that I need the managers permission, or okay, to call the police on you?

Don't matter.. if you tripped me I would call the cops and then to be honest call my husband. I have been pushed around by too many bullies and men to put up with that . I don't care company policy. Can you imagine too when I went to the media to say I got in trouble for reporting a crime and not going to store manager first.. . LOL that would be a nightmare for headoffice.

Let's say you and I work at Walmart together. We're scheduled to work a shift together. During our shift I go to the bathroom, you follow me in, and you beat me up. Do you think that I need the managers permission, or okay, to call the police on you?

You do need to take it to your manager first before you can even call the police and even then your still not allowed to and end up pressing charges. Even after everything is done with. Yes you can go down to the station and file a statement and press charges there but not while your on property. If you were a customer you could.

Its not walmarts fault. The call here in the report happened on walmart property between two associates and this is not assumptions this is actual proof through the police report that these two associates called the cops on me. What happens on walmart property is considered on the clock.

No, you're wrong. You're wrong on so many levels that it's actually sad. You really don't have even a small clue.

You were charged with assault. Even if you were still in the store, working, actually on the clock, if you committed assault on anyone, even another associate, they have the right to call the police on you. Walmart isn't responsible for your actions. You can't just beat people up because you believe they're not allowed to call the cops on you because you work together! That's not how things work.

You went to jail for 21 days! Obviously there was a reason for that. If you can prove that you're innocent of the charges made against you, then at best you can sue those that had you falsely arrested. You have no case, not even a small one, absolutely nothing, against Walmart.

How is this hard to understand? It's not even about the law, it's just common sense!

I call BS show me in an employee handbook where it says that... PROOF

You do need to take it to your manager first before you can even call the police and even then your still not allowed to and end up pressing charges. Even after everything is done with. Yes you can go down to the station and file a statement and press charges there but not while your on property. If you were a customer you could.

No.

You're wrong.

If you're assaulted, you have every right to call the police. You do not need to get permission from a manager.

If you're an associate your not allowed to call the cops you have to take it to the store manager or manager first and let them deal with it. Otherwise you'd end up being terminated for going against policy.

Have you ever worked for walmart before? From the sounds of it I doubt it. Your not allowed to use your cell phone while on the clock even if someone assaults you.

Sounds like your associate would have grounds for wrongful dismissal then. As no company can take away your basic legal rights. The law trumps company policy.

Sounds like your associate would have grounds for wrongful dismissal then. As no company can take away your basic legal rights. The law trumps company policy.

Not Exactly. Ya you have a right to call the law no one can stop you. But doing so may end up getting yourself terminated for going against several policies.

Not Exactly. Ya you have a right to call the law no one can stop you. But doing so may end up getting your self terminated for going against several policies.

You have yet to post Walmart's policy. I'm really interested to see where they say "You can rape someone, you can assault someone, you can even murder someone if you both work for us, but if you call the cops to report it, you'll be fired".

Is Walmart above the law? I don't think so. I'm sure that Walmart would be very interested to hear your interpretation of their policy.

Not Exactly. Ya you have a right to call the law no one can stop you. But doing so may end up getting your self terminated for going against several policies.

You are missing the main point here. You keep saying that these associates violated company policy. And it sounds like you are right, that they did.

So the point is how does this make Wal-Mart responsible? Wal-Mart can and has (according to you) set policies. They can't be held responsible if an employee willfully violates their policy. That's why you have no grounds to sue Wal-Mart. They did not create the environment that allowed this to happen. Just the opposite according to you.

They created a hostile work environment for me and anyone to work in. Now having to worry about walking out the doors and being arrested every time. What they did was harassment they were informed there was nothing the police could do. I'm trying to find out if I have a law suit or not for a hostile work environment you all have no clues to weather it is or not since you don't know walmart policies since you never worked there so I might as well find myself an attorney and seek better legal advice rather than morals.

Since you refuse to post the policy you think was violated, I've sent an email to Walmart to ask them. I've included a link to your thread. No one is above the law. If Walmart has actually made a policy stating that anyone employed by them, can commit any crime against another employee, and the employee that was violated cannot call the police without fear of being terminated from their position, then Walmart will be in legal hell.

But, I'm smart enough to know that there's no such policy. Which means that you have no legal reason to sue Walmart, but they now have a reason to sue you.

I would get a copy of the policy but I can not get it since I am no longer an employee. Its not that I refuse to I can't get it. I'm being told what I'm being told by walmart what's against policies and what's not. So if you want to keep arguing then I will talk to an attorney and find out for myself if I have a law suit or not from sexual harassment harassment discrimination because of my disabilities (ASD) to hostile work environment.

If you have money to waste.. anyone can try to sue almost anyone for almost anything, assuming they can convince a judge to hear the case first... Winning however is an entirely different thing.

And I doubt most Walmart employees make enough money to waste on frivolous lawsuits, and people unemployment certainly don't. Walmart however can bankrupt you in legal fees before it ever makes it into the courtroom, if you are intent on trying.

And good luck finding any lawyer willing to take a case they can't win on contingency. But if you pay them... sure they will go along with you as long as your checks keep clearing.

This is one of those times in life... if you are smart, you lick your wounds and quietly fade into the background. Unless you are intent on making your situation worse than it is.

You admitted you committed battery by tripping an associate.. So please tell me how it is that you did not make the work place hostile? I am lost. How is it that you are innocent and that you did not create the issue?

they created a hostile work environment for me and anyone to work in. Now having to worry about walking out the doors and being arrested every time. What they did was harassment they were informed there was nothing the police could do. I'm trying to find out if I have a law suit or not for a hostile work environment you all have no clues to weather it is or not since you don't know walmart policies since you never worked there so I might as well find my self an attorney and seek better legal advice rather than morals.

We don't know Walmart policy since you refused to post it no matter how many times we asked.

No worries, I've now gone to the source.

The thing is, if Walmart has a policy that employees can commit any crime (according to you) to another employee, and the violated employee is not allowed (due to Walmart policy which you stated) to utilize their rights by calling the police, than Walmart is in for a huge lawsuit.

If Walmart actually obeys the law, and doesn't prohibit it's employees from utilizing their rights, reporting crimes (assault is different from in-store theft), than you're likely the one that's going to be sued, since you misrepresented, and even defamed them, by what you wrote on this thread.

You admitted you committed battery by tripping an associate.. So please tell me how it is that you did not make the work place hostile? I am lost. How is it that you are innocent and that you did not create the issue?

Never did trip an associate I was using those as an example. I talk to no one unless I have to ask a question. Don't cuss at work. I only talk to one or two people and that's it other than that I'm to quiet of a person to start anything hostile. Retaliation is hostile. Autism Spectrum Disorder if you got a problem with the way I explain things then be my guest go at it.

Autism Spectrum Disorder if you got a problem with the way I explain things then be my guest go at it.
You are an Aspie?

I would get a copy of the policy but I can not get it since I am no longer an employee. Its not that I refuse to I can't get it. I'm being told what I'm being told by walmart whats against policies and whats not. So if you want to keep arguing then I will talk to an attorney and find out for my self if I have a law suit or not from sexual harassment harassment discrimination because of my disabilities (ASD) to hostile work environment.

Talk to an attorney. You may need one, because I have written to Walmart, and included a link to this thread.

Do you not see how what you're saying is nonsense? Are you actually suggesting that a company, especially a major company, can make a policy stating that fellow employees can commit any crime to one another, without fear of the police being called? Do you not see how stupid that is?

Did you read my hypothetical's? You're saying that if you and I work together, you can rape me in the Walmart bathroom during our shift, or even after, or even in my home after we're both done work, and I have to report that rape to a supervisor? I can't call the cops without fear of being fired?

Does that make sense to you? Let's wait and see how Walmart feels about what you've said about their supposed policy.

You are an Aspie?
Yes. That's why I face such hostility at work and that's what I mean by discriminated because of my disability (multiple) which makes it a hostile work environment.

Excuse me I was polite. I used my skills and you are not the only one with a disability. Thank you so much for your rude comment. Have a great life. I am out of this thread.

Never did trip an associate I was using those as an example. I talk to no one unless I have to ask a question. Don't cuss at work. i only talk to one or two people and that's it other than that I'm to quiet of a person to start anything hostile. retaliation is hostile. Autism Spectrum Disorder if you got a problem with the way I explain things then be my guest go at it.

You're the one that stated that you were charged with assault.

If that wasn't true, why did you spend 21 days in jail? The police don't keep you in jail if you've done nothing wrong.

No corporate policy can pull a trump card on any law...

At the top of the heap... you have constitutional rights... below that you have federal laws, below that you have state laws... below those you have city and town laws...

Below those down in the mud puddle is corporate policy.

They ALL override any corporate policy.

Never did trip an associate I was using those as an example. I talk to no one unless I have to ask a question. Don't cuss at work. i only talk to one or two people and that's it other than that I'm to quiet of a person to start anything hostile. retaliation is hostile. Autism Spectrum Disorder if you got a problem with the way I explain things then be my guest go at it.

Page five of this thread and now the OP suddenly has Autism.

There's a surprise (sarcasm).

Just because you claim there is discrimination doesn't mean you can prove it... and if you make the accusation.. the burden of proof is on you to PROVE that it happened... not on them to prove it didn't.

And not even the EEOC will take up your cause unless you can prove it to them first. Yes... I've dealt with them recently on someone else's behalf.

Unless you can come up with the equivalent of black folk have to use that fountain and restroom, and the white folk use that other fountain and restroom. You are going to have a hard time convincing someone to the contrary. Opinion does not equal fact without sufficient supporting evidence Evidence enough OTHER people agree on.

Just because you claim there is discrimination doesn't mean you can prove it...and if you make the accusation..the burden of proof is on you to PROVE that it happened....not on them to prove it didn't.

And not even the EEOC will take up your cause unless you can prove it to them first.

Can prove it through the red books buddy. That's what there for and that's what filling a lawsuit is for is to open those redbooks in court. Associate told me to go **** my aspergers which is clear indication of discrimination and hostile work environment.

Can prove it through the red books buddy. That's what there for and that's what filling a lawsuit is for is to open those redbooks in court. Associate told me to go **** my aspergers which is clear indication of discrimination and hostile work environment.

Um... what that shows is you have really thin skin... a single verbal comment does not equal a legitimate case of discrimination.

If what a redbook is was defined earlier in the thread I missed it.

I would think that you being in jail for 21 days would lead you to termination of Wal-Mart... I think you're so pissed that you got fired for that, that now you are lashing out and trying to put the blame on someone else.

Depending on where you live, your state may be a "right to work" state and that employer can fire you without a real cause.

I have a feeling you are just another sad soul who is wanting to make millions off Wal-Mart. So many people want the law to fight their fights.. It's sad really... You should stand up for yourself and move on.

Plus... you did not show up to work for 21 days... You did not call for 21 days.. WHAT employer would keep that type of employee around.

If any group sets the standard for what constitutes discrimination is... its the EEOC.

The EEOC will laugh at you over a single minor offhand comment like that one.

IF you got terminated for assaulting a coworker... that's YOUR fault.

If they walked up to your and broke your nose... doing something AFTER that makes it self defense... you can't legally assault someone over a couple words...

If you can't get the EEOC to accept your case... then you don't have a case to pursue. They don't waste their time on senseless or frivolous cases. Having your fragile ego hurt isn't a compensible act.

I would think that you being in jail for 21 days would lead you to termination of Wal-Mart... I think you're so pissed that you got fired for that, that now you are lashing out and trying to put the blame on someone else.

Depending on where you live, your state may be a "right to work" state and that employer can fire you without a real cause.

I have a feeling you are just another sad soul who is wanting to make millions off of Wal-Mart. So many people want the law to fight their fights.. It's sad really... You should stand up for yourself and move on.

Plus... you did not show up to work for 21 days... You did not call for 21 days.. WHAT employer would keep that type of employee around.


Well said... and very true. Most employers will terminate you a LOT sooner... and any I have ever worked for (and I have worked at really good jobs being an engineer) Assaulting another employee on company property has always been grounds for immediate dismissal (that means you are fired on the spot).

Can prove it through the red books buddy. That's what there for and that's what filling a lawsuit is for is to open those redbooks in court. Associate told me to go **** my aspergers which is clear indication of discrimination and hostile work environment.
Does this make sense? Copied from a blog -- "WM does actually have a red binder filled with step by step instructions and procedures on how to harass their associates" (Wal-Mart..Always Underhanded, Always! (http://sickofwm.blogspot.com/)) and from another blog, "Though the Redbook Investigation is a great tool to find out the How's and Why's of a situation within the system, it is also wide open for misuse by rogue management and HR personell" (How to Survive a Walmart or Sam's Club Redbook Investigation ! (http://arawak.hubpages.com/hub/How-to-Survive-a-Walmart-Redbook-Investigation))

Redbook? You never explained what this "redbook" is. Is this "redbook" the company policy you keep citing?

Your posts on this thread speak for themselves. You yourself said that according to Walmart policy, employees can commit any crime against another employee, and the employee that's violated cannot call the police, they must go to a manager. There is not one company in the world that would be stupid enough to go against a persons basic legal rights, and make it policy. Even if they did, that policy wouldn't stand up. The law is the law. If you commit a crime against another, they have the right to call the police and report that crime. No company policy can negate that right. You'll have to prove that Walmart tried to break the law by enforcing a policy that goes against basic human rights.

If it doesn't make sense, it's because it's not true.

So sue. You have the right to sue anyone if you're willing to pay. I can't imagine any lawyer dumb enough to take your case, but then again, I really didn't think there was anyone dumb enough to really think they could commit any crime they wanted on a fellow employ because they claim it's in the company handbook. So sue.

Again, good luck with that. You'll need it. Actually, when Walmart sees this thread and the claims you've made, you'll need a lawyer, and a lot of luck defending what you posted here. I'm very sure they're not stupid enough to have put policy in place that goes against basic human rights.

What do you think this website is for? This website is for advice nothing more ^^ so good luck.

This website is for advice nothing more ^^ so good luck.
Did you see my post a bit above this one?

Fact of life is with any employer... the employee that causes problems will eventually find themselves out of a job... nobody is irreplaceable. Proven by APPLE... Steve Jobs and Steve Wozniak may have been the heart and sole of the company at some point as well as being the founders... but even without them the company goes on... (maybe not the best analogy but its all that comes to mind right now)

This has gone on long enough and isn't getting anywhere.

Thread closed

they created a hostile work environment for me and anyone to work in. Now having to worry about walking out the doors and being arrested every time. What they did was harassment they were informed there was nothing the police could do. I'm trying to find out if I have a law suit or not for a hostile work environment you all have no clues to weather it is or not since you don't know walmart policies since you never worked there so I might as well find my self an attorney and seek better legal advice rather than morals.

Please explain how Wal-Mart created a hostile work environment, when, according to you, they have written company policies against the behaviors you are complaining about.

Can prove it through the red books buddy. That's what there for and that's what filling a lawsuit is for is to open those redbooks in court. Associate told me to go **** my aspergers which is clear indication of discrimination and hostile work environment.

So an associate said this to you? Did Wal-Mart condone it? Did Wal-Mart create an environment where such actions were encouraged?

To have a case against Wal-Mart, you have to show that they were aware of such things and not only did nothing about it, but encouraged it. According to everything you have said, that was not the case. Why can't you understand that?

Despite what disability you say you have, your posts here have been coherent and understandable. You came here asking for legal advice. We have tried to explain to you that you have no case against Wal-Mart because you have said nothing that indicates that Wal-Mart created the situation. All you have talked about is how individual associates acted in violation of Wal-Mart corporate policy. You may have a case against the individual associates, but I see no case against Wal-Mart.

I didn't see that this was closed, but I wanted to add one thing more. Wondergirl's research was very interesting. I just glanced at, but it certainly indicates that Wal-Mart may, in fact, be creating a hostile environment by encouraging the termination or resignation of longer term employees to reduce salary costs.

That is a much different story than the way you presented yours. If you do want to discuss that aspect further let me know via Private Message and I will reopen the thread,