Ask Experts Questions for FREE Help !
Ask
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #1

    Mar 8, 2013, 04:33 PM
    Can I file a lawsuit on walmart for a hostile work environment?
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Mar 8, 2013, 05:35 PM
    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.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    Mar 8, 2013, 05:43 PM
    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.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #4

    Mar 8, 2013, 06:02 PM
    The at least 2 redbook was on my behalf and 1 against me but nothing came of that one red book against me.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #5

    Mar 8, 2013, 06:04 PM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Mar 8, 2013, 06:11 PM
    Exactly, its against policy. So Wal-Mart cannot be held responsible for employees who violate policy.

    You dn't have a case against them.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #7

    Mar 8, 2013, 06:15 PM
    That's why I say law suit for hostile work environment.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #8

    Mar 8, 2013, 06:32 PM
    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.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #9

    Mar 8, 2013, 06:47 PM
    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".
    mogrann's Avatar
    mogrann Posts: 860, Reputation: 193
    Dogs Expert
     
    #10

    Mar 8, 2013, 06:52 PM
    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.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #11

    Mar 8, 2013, 06:57 PM
    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.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #12

    Mar 8, 2013, 07:00 PM
    Quote Originally Posted by ogional View Post
    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.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #13

    Mar 8, 2013, 07:03 PM
    Quote Originally Posted by ogional View Post
    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?
    mogrann's Avatar
    mogrann Posts: 860, Reputation: 193
    Dogs Expert
     
    #14

    Mar 8, 2013, 07:03 PM
    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.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #15

    Mar 8, 2013, 07:08 PM
    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.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #16

    Mar 8, 2013, 07:10 PM
    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.
    mogrann's Avatar
    mogrann Posts: 860, Reputation: 193
    Dogs Expert
     
    #17

    Mar 8, 2013, 07:11 PM
    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.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #18

    Mar 8, 2013, 07:12 PM
    Quote Originally Posted by Alty View Post
    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.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #19

    Mar 8, 2013, 07:13 PM
    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.
    ogional's Avatar
    ogional Posts: 19, Reputation: 1
    New Member
     
    #20

    Mar 8, 2013, 07:14 PM
    Quote Originally Posted by mogrann View Post
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Hostile work environment or being discriminated? [ 12 Answers ]

Hey all I am not sure whether I am being discriminated against or not so would appreciate your thoughts. Background info: After I joined two new employees were recruited to build a bigger team. Both are in a senior role to me but we all report into the same manager - note I do not report...

Hostile work environment? [ 4 Answers ]

I have worked at my place of employment for just over a year and a half, and my boss is... well I wouldn't want even anyone that has wronged me to work with this person. I have been called stupid, retarded and incompetent, I have been belittled and disrespected in front of other employees. Now, I'm...

Memo hostile work environment [ 1 Answers ]

My supervisor one of many has control of the jobs I do each day I continuously get the worst jobs if she is the one who assigns them to me. She talks to me like I am a low level of scum. When I mess up "come in late maybe once a year she makes note of docing my pay when there are others who...

Hostile work environment [ 5 Answers ]

I was working the other night when my supervisor and a co worker entered my work station and asked me to come to the office, so I went with them and me and the co worker got into a heated argument. My coworker was literally in my face yelling at me, so I looked at my supervisor who was just sitting...


View more questions Search