Wal-Mart Employment Practices Emerging Class Action Lawsuit

SueEasy - Home >  All Class Actions >   Wal-Mart Employment Practices
Wal-Mart Employment Practices
SPREAD THE WORD
   

      | 162 |      LEAD PLAINTIFF:       Case Filed: 2008-03-17
Case Summary:
The class action lawsuits include specific allegations that Wal-Mart:

* understaffs its stores and pressures employees to complete assignments while refusing to permit employees to stay on-the-clock for the time it takes to accomplish them;
* denies pay for time worked off-the-clock, through meal or rest breaks, and overtime; and
* keeps employees locked in Wal-Mart stores after closing and requires that they remain there after clocking out until store managers have visited every department.

Case Detail:
The lawsuits charge that Wal-Mart, has systematically avoided paying employees their full, earned wages. Wal-Mart provides perverse incentives for managers to lower overhead costs, the largest component of which is employee payroll, by offering financial compensation and bonuses.

2010-09-07  
Class Action Investigation Member:
michaelknives
 

Case Details:
This is a portion of a formal complaint I filed:

On August 11th 2010. I was given a verbal write up by Ms. Evelyn Boone (assistant manager) and Ms. Christine Sheils (assistant manager) in regard to a meal exception that had supposedly taken place on July 14th, 2010. Christine Sheils stated that she investigated it and found that I had 11 time adjustments within 45 days.

When they inquired whether I re-called taking a break on the day in question, I stated to them that even though it was a month ago I would never work a shift without taking a break. I asked to Ms. Sheils whether there was an electronic time adjustment for that day. Ms. Sheils stated no, and said that Ms. Stephanie White had fixed my time for the day in question and that she wasn’t going to do it anymore. I then requested to review the Rest Break/Meal Period Investigation Worksheet as well as the information concerning the excessive eta’s. As I was reviewing the paper work and asking questions regarding it. Ms. Sheils stated that I was wasting her time and that I was doing it on purpose and then she took all of the paper work from in front of me. I requested a copy of the verbal write up. Ms. Sheils refused. I then requested a copy of the Rest Break/Meal Period Investigation Worksheet. She stated that she was not going to give me a copy and that if I wanted a copy that I would have to get it from Ms. Stephanie White (personnel manager). When I request to make a comment in the comment section to rebut the statement that I failed to take a meal break on July 14th, 2010; at first Ms. Sheils stated that she didn’t need a comment from me. Then she and Ms. Boone stated that I should not make a long drawn out comment like I did last time. (In reference to a write up that was overturned by interim store manager Peter of store number 1811 where Ms. Natalie Stewart (co-manager) and Ms. Christine Sheils conducted themselves in an unprofessional manner and made statements made in the write up that were untrue)

After I left the office I immediately brought up an Open Door Issue with overnight co-manager Yolanda. I reported the misconduct of Ms. Sheils and explained the situation to her. Yolanda then immediately gave me a copy of the write up. She stated that before I came into the office Ms. Sheils stated to her that she was instructed by someone higher up to conduct the write up.

On Thursday August 12th, 2010 I went into the facility to use the Open Door Policy to rebut the write up. I spoke to Mr. Shane Neilson (co-manager) and Ms. Stephanie White. We spoke in personnel. Ms. Evelyn Boone (assistant manager) and ZMS Curtis were also present in the personnel office. I asked Ms. Stephanie White a series of questions pertaining to the Rest Break/Meal Period Investigation Worksheet and the fact that Ms. Sheils had stated that she had to adjust my time for July 14th, 2010. It was discovered that Ms. Stephanie White filed the Rest Break/Meal Period Investigation Worksheet on July 15th, 2010, the time adjustment in the system was recorded as a user time adjustment, and that on July 17th, 2010 there was an eta for July 14th, 2010.

Based on the fact that Ms. Christine Sheils didn’t provide an objective investigation and stated that there was no time adjustment done when clearly there was I asked Mr. Shane Neilson to overturn the write up. Mr. Shane Neilson stated that he would agree to take the part about the meal exception out of the write up however he wanted to keep in the part where Ms. Christine Sheils stated that I had 11 time adjustments within a 45 day period. I requested to see the policy of being written up for excessive eta’s because I used the eta’s system to properly manage my time so that I am compensated correctly for my job. There was no clear policy presented to me however Ms. Stephanie pointed out that a red flag comes up in her system when there are more than 3 eta’s done that are other than missing punch. (I pointed out that out of the 11 presented the majority were for missing punch.) She pointed out the eta on August 1, 2010 inquiring why I would put enter performing customer assistance on this date and other on some of the others. I stated that I’m an honest person and that I would not alter my time inaccurately and I wouldn’t try to steal time from the company because it would be an integrity issue. I also pointed out that if the user time adjustment wasn’t made for the 14th I would have actually been paid less.

At the end of the discussion Mr. Shane Neilson decided to not overturn the write up. I was also refused a copy of the Rest Break/Meal Period Investigation Worksheet. I requested to arrange a time to speak with the store manager Ms. Tina to report issues that I had with the manner that Ms. Christine Sheils and Ms. Evelyn Boone conducted the write up that I had brought up before. I also requested to make an arrangement with Mr. Shane Neilson, and Ms. Tiana Williams (personnel manager) to see my personnel file. Mr. Shane Neilson stated that he texted the current store manager Tina and that she would not be back until August 14th, 2010. He also stated that I could review my personnel file the following day. because Ms. Stephanie White was going on vacation. I then requested to fill out a time adjustment for the time I came in to use the Open Door Policy. Mr. Shane Nielson agreed to it. As I was filing out the time adjustment Ms. Stephanie White stated she had some advice for me. She told me not to mention anything to management about the timeliness of the Rest Break/Meal Period Investigation Worksheet being investigated because she would bring this up with Ms. Linda Washington.

On August 13th, 2010 Mr. Shane Neilson terminated me in the presence of Ms. Evelyn Boone. They alleged that they had footage of me taking a hour long lunch break and then modifying my time back to a half an hour on August 1st, 2010. When I entered the management office he claimed that what he had to say had nothing to do with what we had discussed the day before. He stated that someone came to him with this issue concerning August 1, 2010 that morning using the Open Door Policy. Mr. Shane Neilson stated that on the morning of August 13th, 2010 he reviewed all of the video cameras from August 1, 2010 and he did not see me performing customer assistance.

The system clearly stated that I had done a time adjustment for performing customer assistance. I simply explained that while I was on my lunch break I performed customer assistance while I was on the sales floor. Since I could not do a time adjustment while I was off of the clock I continued my meal break and then clocked in and then completed the time adjustment when I was inside of the system.

Mr. Shane Neilson openly accused me of stealing $6 dollars worth of time (30 minutes) from the company and that it was an integrity issue. Upon my request to see the alleged video of the full hour period as well as the paper work presented to me, and the termination report he stated that only law enforcement could see the video tape and to let a lawyer handle receiving copies of documentation for me.

Despite the fact that I didn’t display any hostility against Mr. Shane Neilson he called security and said he was calling the police. As I was leaving he stated that he was going to make sure that I left the property and he followed me through the store stating that I had to leave the property, without allowing me to get my belongings.

Now we have a new store manager that uses a common tactic that she taught to their managers claiming that they have reviewed video tape when they obviously haven't.

Recently a young lady who was assulted on my job was fired because the manager shane nielson claimed that on video tape he saw her hit the other young lady first when in fact several witnesses clearly seen the other young lady hit her first. It was ridiculous... clearly she was defending herself in this situation yet their poor lazy investigative skills cost sonya her job.

This is clearly a pattern in my case of a constructive layoff because the manager that wrote me up had a problem with me because I sued another young lady that is her friend. Do to her false allegations management planed ( I have evidence that I discovered) to have me escorted out of the store...

The statute of limitations hasn't worn off for that....

Contact me soon for the rest:


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2010-09-07  
Class Action Investigation Member:
michaelknives
 

Case Details:
I was discharged in retaliation for filing a Open Door complaint. 1st the manager claimed that I had a meal exception a month prior and that I didn't clock out for a meal period when I did. Upon providing evidence that indeed that I wasn't at fault because the information that I took a meal break was inside of the system. Despite the fact the manager was unprofessional and wrong in this situation the co-manager refused to over turn the right up. I stated that I didn't agree and I was going to speak with the store manager about the misconduct. I was lied to about when she was going to be back. The next day the manager that I had spoken to claimed to have video of me taking an half an hour break... clocking in setting my break back an hour and then going back in the break room which didn't make any logical sense as I explained to them I did a time adjustment for providing customer service on a meal break and fixed in on my last 15 minute break. I was even asked by the overnight manager to stay an extra hour because they didn't have anybody scheduled.
So their reason for terminating me for setting back my time a week and a half before in a conspiracy to steal a grand total of $6 before I could speak with the store manager. hmmm If that was a set up I don't know what is and the pre-text was that the manager that conducted the original write up was a friend of a young lady that used to work for wal-mart that I am suing. This was a matter that is clearly unjust and looking at the facts they tried to constructively terminate me,,, I filed a formal written complaint to corporate and it has been about 4 weeks for a response... I can provide a detailed outline about the events that lead up to this inappropiate termination


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2010-07-27  
Class Action Investigation Member:
phrbusiness
 

Case Details:
Oct. 2009 I suffered a premature failure in my knee replacement while at work, requiring me to have surgery. At the time I told my store manager, I needed to go to the hospital and he simply said "ok" while I sat there in pain. I ended up having to call my wife to come pick me up and take me to the hospital which was walking distance from our store.
Feb 2010 was asked to fill the position of a Shift Manager while he was out on LOA. I did this for approx. 2 months without any increase in pay, a difference of about 25k yearly.
May 2010 my shift manager comes back from LOA and has made comments regarding my own serious health conditions, stating the only problem he has had with my performance as a manager was when I had to take a leave do to my Knee replacement and Heart failure
Regular occasions of being asked to work more, or store manager not giving you the time you need to complete all of your job requirements without having to come in extra days to finish. Yes I'm salary.


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2010-04-29  
Class Action Investigation Member:
danabuck5
 

Case Details:
we work for a vendor company that put out products in walmart store. we were told but out Vice Pres, Mr Ken Housemen to find the products that were stolen, from our company by Wal mart, well we found the products and also found 3 other Wal mart stores stealing from Tree of Life, well W al mart called Mr Housemen and told them to fire us, that we were making Wal mart look bad, and that they were 20% of they business,well they fired us and then put political on my unemployment that was 10-17-1998. because of that political I haven't been able to get another job since. I was told that make us untrustworthy. and not to hire us. well now its 2010 and I'm still unemployed, because of this, and I had 5 children at the time and need a job to take care of my kids. Because of walmart getting me fired over there employee's stealing from the vendor company it made life very hard on my children, and us. so for 13 yrs I haven't gotten a job yet. and I look and put out application to find one but still no luck for me. I have lost wages for 13 yrs at $8.00 dollars hour for 40 hour weeks. So you tell me what can i do to get this off my record so i can get a job. this happen in Hampton, Virginia.


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2010-04-07  
Class Action Investigation Member:
RavenAndRed
 

Case Details:
I was out sick with bronchitis ,sinus infection, ear infection, and issues with my asthma. They refused my FMLA and denied my LOA. Prior to this I had been having issues with management concerning both asthma and my allergy to lavender. I was yelled at on more then one occasion for having to stop and use my inhaler or having to try and locate either a pair of gloves or a manager to deal with the lavender items. There was also the issue of the management yelling at associates on the sales floor, management insulting associates constantly, the continual lying to the associates or about the associates, corporate refusing to do anything about any of the complaints called in from the associates, and the refusal to do anything about belligerent and violent customer who constantly followed associates around and caused problems for them at Wal-mart and anywhere else he bumped into them. and being threaten by management our jobs constantly especially if someone filed a complaint concerning anything that happened in the store. and management making sure that everyone know who filed the complaints. and massive amounts of retaliation against the associate not just at work but outside of work. and the constant interruptions of associate break/lunches/off-hours to deal with work stuff.


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2009-11-23  
Class Action Investigation Member:
seanmalinda
 

Case Details:
after an injury that occured over time, repettive motion(carple tunnel in both hands) i only recieved MIN care on one hand and was told the other hand would be a seperate claim; and that i COULD loose my job if i filed on the left hand(so i did not file). even after 3 surguries my hand is NOT better.....wiyh the pressure of my managers (i left my job due to them cutting my hours, loosing my benefits, and getting a pay cut ) and the pressure of my lawyer i settled; now still to this day my hands are NOT OK!!!


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2009-11-23  
Class Action Investigation Member:
seanmalinda
 

Case Details:
after an injury that occured over time, repettive motion(carple tunnel in both hands) i only recieved MIN care on one hand and was told the other hand would be a seperate claim; and that i COULD loose my job if i filed on the left hand(so i did not file). even after 3 surguries my hand is NOT better.....wiyh the pressure of my managers (i left my job due to them cutting my hours, loosing my benefits, and getting a pay cut ) and the pressure of my lawyer i settled; now still to this day my hands are NOT OK!!!


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2009-01-16  
Class Action Investigation Member:
robertkitson1
 

Case Details:

QUIT THE JOB AT WALMART DUE THE FACT I WAS WORKING MULTIPLE DEPARTMENTS, NOT GETTING TASKS ACCOMPLISHED, BEING CALLED TO THE REGISTERS UP FRONT TO CHECK LEAVING DEPARTMENTS COMPLETELY UNATTENDED, CUSTOMERS NOT COMPLAINING TO THEM (MANAGEMENT) BUT TO ME


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2008-04-19  
Class Action Investigation Member:
sunsetcliff
 

Case Details:
wants only those who have a source of health insurance. Refused to hire since I did not.


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 

2008-03-28  
Class Action Investigation Member:
balthazar
 

Case Details:
I m a female working as a cashier in omaha , nebraska for last 6 years. I have not been promoted to any management position. please advise


Lawyers: Log in, to contact and help these plus THOUSANDS of other clients right now! 


Join This User Generated Class Action (Note - This is not a certified Class Action)
Describe the nature of your complaint in one short sentence:

Class Action Law Firm?

Advertise Here!

 

marketing@sueeasy.com

Details of complaint:
(briefly describe the damages you have suffered)
   
State where to fight:
   
How do you prefer attorneys contact you?
If phone, what time of day is best?
How will you pay for attorney services should you hire one?
Who is the inquiry for?
User Agreement
  I agree with the general terms and conditions