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ogional · Mar 8, 2013, 08:12 PM

Originally Posted by Wondergirl

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.

mogrann · Mar 8, 2013, 08:12 PM

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.

Alty · Mar 8, 2013, 08:13 PM

Originally Posted by ogional

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.

smoothy · Mar 8, 2013, 08:15 PM

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.

Alty · Mar 8, 2013, 08:15 PM

Originally Posted by ogional

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).

smoothy · Mar 8, 2013, 08:17 PM

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.

ogional · Mar 8, 2013, 08:20 PM

Originally Posted by smoothy

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.

smoothy · Mar 8, 2013, 08:26 PM

Originally Posted by ogional

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.

Lucky098 · Mar 8, 2013, 08:27 PM

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.

smoothy · Mar 8, 2013, 08:33 PM

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.

smoothy · Mar 8, 2013, 08:37 PM

Originally Posted by Lucky098

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).

Wondergirl · Mar 8, 2013, 08:41 PM

Originally Posted by ogional

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!) 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 !)

Alty · Mar 8, 2013, 08:41 PM

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.

ogional · Mar 8, 2013, 08:44 PM

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

Wondergirl · Mar 8, 2013, 08:48 PM

Originally Posted by ogional

This website is for advice nothing more ^^ so good luck.

Did you see my post a bit above this one?

smoothy · Mar 8, 2013, 08:57 PM

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)

Cat1864 · Mar 8, 2013, 08:58 PM

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

Thread closed

ScottGem · Mar 9, 2013, 06:36 AM

Originally Posted by ogional

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.

ScottGem · Mar 9, 2013, 06:47 AM

Originally Posted by ogional

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.

ScottGem · Mar 9, 2013, 06:54 AM

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,