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  • Report:  #276270

Complaint Review: Wal-Mart

Wal-Mart Wrongful Termination - Accused of violating a company policy I had no knowlege of. Sanford Florida

  • Reported By:
    DeLand Florida
  • Submitted:
    Thu, September 27, 2007
  • Updated:
    Mon, October 08, 2007

I started working for Wal-Mart, Store #860, in DeLand, Florida, on 11/7/2005. I was hired as a part-time seasonal cashier at $6.80. I was kept on as a permanent employee after the holiday season ended. I had re-injured my back while working as a cashier & informed my personnel manager that I no longer wanted to work for Wal-Mart. During that process, I was made aware of a part-time position in the Vision Center. As I had previous optical experience, I applied for the position & was hired on the spot. This was in February of 2006. Within 1 year, my pay rate went from $6.80/hr. to $9.80, due "exceeds expecations" reports during my regular evaluations. I was also promoted to a full-time employee shortly thereafter. I did very well at the DeLand Wal-Mart Vision Center, averaging approximately 42% of the monthly sales for my department out of 4 sales associates. Sometime in April of 2006 I approached my manager (Vision Center Manager), Larry Becker, about how I could earn more money or the possibility of being promoted to manager of another Vision Center. I was referred to my District Vision Center Manager, Robert Albury, who after speaking with him, advised me of an opening at the Sanford location (Store #857). I was formally offered the position in June of 2007, at the rate of $15.80/hr. It should also be noted I would be required to work a minimum of 45/hrs./week, with overtime compensation after 40 hours. I began my management position on July 21st. I had not previously attended the 4 month "Manager Trainee Program" as required for prospective managers in the rest of the store. This 4 month training program was not a requirement for "specialty" divisions & was not recommended to me because of my physical limiations (serious back problems). However, at the time I was offered the position, I was told by my new District Manager, Tami Berry, that in lieu of the "Manager Trainee Program", she would visit me at the Sanford store once each week for a few months to teach me all the things I would otherwise have learned from the trainee program. My former District Manager, Robert Albury, also told me he would be my "mentor" & that he, too, would visit me once each week for a period of months to additionally teach me about Wal-Mart policies, procedures, & department manager duties & expections. At no time did either of the District Managers, Ms. Berry or Mr. Albury, come to my store as promised & was not given any information, either verbal or written, as to Wal-Mart policies, procedures or expectations. The ONLY knowlege I had, therefore, was based upon what had been done while I was working at the DeLand location as an "Optical II" employee. In August of 2007, the entire Sanford store (#857) began a remodeling project, beginning with the Vision Center. In order to prepare for the remodeling, we had to move everything out of the old Vision Center into temporary quarters for approximately 2 weeks. On the night of the move out, I was assisted by Tami Berry & 3 other Vision Center managers from other stores as well as one of my employees, Stelios Brittain. During the move out, Ms. Berry filled a shopping cart full of "trial" contact lenses to be disposed of. These "trial" lenses are free to the company & free to the patients/customers. I noticed that several of the boxes were, in fact, my prescription & told Tami Berry I would like to keep them. She informed me I was not allowed to keep them, that it would be an "integrity" issue, & I therefore returned the boxes to the shopping cart. Stelios & I took the shopping cart to the trash compacter, located in the back of the store, & every single box of contact lenses was disposed of. I did NOT keep any for myself. I did, however, set aside 1 display box of the "Wild Eyes" contact lenses as I knew the optometrist would want to keep these. At no time, did I remove the box of "Wild Eyes" trials or any of its contents from the store. I gave them to the doctor, Dr. Vymaris Dominguez, the next day & she was happy they were not disposed of. A few weeks later, however, the doctor offered me some trial contact lenses which were my prescription. I informed the doctor that I had not been allowed to keep any of the lenses that were thrown out by Tami Berry. The doctor said this was NOT the same situation & that she was personally giving them to me. As this had previously been done by the 2 optometrists that worked at the DeLand store I agreed there was no conflict & therefor accepted the contact lenses. Approximately 3 weeks ago, a good friend of mine, Susan Case, had her eyes examined by Dr. Brantley at the DeLand Vision Center & received a prescription for contact lenses, however she did not purchase the lenses at that time because of the expense. My friend showed me her prescription, & I copied the information (doctor's name, date of the exam & the prescription) & told her I could order some free trial lenses for her. I entered her name, address, phone number, date of birth, the doctor's name & date of the exam, along with the prescription into the "BOSS" system which is the system used for ordering eyeglasses or contact lenses. The system can also be used to order trial lenses either for the doctor's own supply or for an individual patient. I could have, in fact, ordered the contact lenses through the system used to order the doctor's supply, which does not require any patient information, however, as I did not realize I was doing anything wrong, I ordered them as described above. I had the option of ordering up to 6 contact lenses for each eye. As they were free to the company, I saw no harm in ordering 6 lenses for each eye (6 pairs) as her Rx was different for each eye. I advised one of my sales associates, Stelios (Stel) Brittain, to let me know when they arrived so I could just take them to my friend. While working at the Deland location, my former manager, Larry Becker (L.B.) had previously asked me to order several boxes of contact lenses for his daughter. To my knowlege, she was not a patient of any of the Wal-Mart optometrists, & I was just given a "verbal" Rx from L.B. & the contact lenses were ordered from the same system used for ordering the doctor's supply. This was done 4-5 times by me, at my boss's direction. Further, the doctor's "tech" Yvette & I would also order free trial contact lenses for ourselves, with permission from L.B. Therefore, when I ordered the trial lenses for my friend, I did not realize I was doing anything wrong. As the company was not charged anything for them, & based upon what had been previously done at the DeLand Vision Center, I was not aware this was a violation of any kind, much less something I could or would be terminated for. Two days ago, on Tuesday, September 25th, after clocking in at 10:00 a.m., I was told the manager for Risk Management & Marketing, Joe Oaks, needed to speak with me immediately. Tami Berry & a store "co-manager", Betty, were also present. I was told to sit in a chair & look directlyat Joe & not to look behind me at Tami or Betty. Joe gave me a 15 minute lecture on the various types of cameras used by security & various types of "loss". At the time, I thought he was going to inform me that one of my employees in the Vision Center had been stealing, either products or cash. I had NO idea where he was going with this line of discission. Finally, he came to the point. I was first accused of stealing the contact lenses that were in the shopping cart Tami Berry had told me to dispose of. He insinuated he had either camera footage &/or an actual witness who said otherwise. I told him this was simply not true & that Stel & I had disposed of ALL the contact lenses, as directed, & that I had NOT taken any of them for myself. I did tell him about the "Wild Eyes" contacts that I returned to the doctor. Mr. Oaks, finally, said he believed me. The next point was regarding my order for free trial contact lenses for my friend. I was asked why I did this. I told him this was previously done at my old store on a regular basis & that I had no knowlege this was any type of violation. I also informed him I never received ANY of the training I was promised by Ms. Berry or Mr. Albury, that I had never received any written direction, company manual, etc. as to the specifics regarding the ordering of free trial contact lenses. I was then asked why I had accepted the free trials from Dr. Dominguez & I then explained that I had asked the doctor if this was "okay", & that she had told me "yes" as she was personally giving them to me. I told Mr. Oaks I was not aware of any of the policies regarding the accepting of contact lenses from the doctor or the policies regarding the ordering of free contact lenses. Ordinarily, it is my understanding that when an employee violates a company policy other than blatant theft, that he or she would be given a "coaching" where they would receive an explanation as to what policy had been deviated from & then they would be given a "written" coaching regarding the incident to sign & acknowlege their wrong-doing. At that point the employee would be given an opportunity to either correct the problem or at least be made of the specifics of that policy so that it would not happen again. I, at no time, ever received any kind of warning, either written or verbal, & was therefore shocked that I was immediately being terminated. I asked Mr. Oaks for an opportunity to correct the situation, inform other employees of the Vision Center about the company policies, & to learn from my honest mistakes. He said the decision was final. At no time did Mr. Oaks or Ms. Berry offer anything in the way of acknowlegement for all the hard work I had given to Wal-Mart. I was crying, understandably, & deeply hurt. It was NEVER my intention to deceive or knowingly do anything wrong & I feel I should have been offered the chance to learn from my mistakes & help others to learn from them, too. They, Mr. Oaks & Ms. Berry, were extremely harsh & unkind & I felt I was treated with much less dignity than a shoplifter might have received. I feel this situation is a case "wrongful termination" based upon the lack of training, the lack of any warnings or coachings regarding these matters, & the fact that I based my actions entirely on "what had been done before", which is the ONLY thing I had to go on. I hope you or someone can be of assistance to me. I would like my job back, a job that I worked VERY hard to get & a job I truly enjoyed, or at the very least be compensated until such time as I can obtain other employment at the same rate of pay. I am so sad. I try my best every day to be a good person, to treat others fairly, to acknowlege where I have been wrong, make amends when called for, & to always to the right thing to the best of my ability. PLEASE, if you can, help me. Thank you so very much.

Piper
DeLand, Florida
U.S.A.

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7 Updates & Rebuttals


Lachopperchick

DeLand,
Florida,
U.S.A.

My apologies...

#8Author of original report

Mon, October 08, 2007

I was not allowed to attend the 4-month Manager Trainee Program. There is a portion of the trainee program that requires you to climb latters, set up large displays and hang signs. I have 3 ruptured discs, 5 degerating discs & advanced osteoporosis (I am 56 years old), & that was the reason it was determined I NOT be allowed to attend the manager tranee program. The heaviest thing I had to lift in the Vision Center was large boxes of contact lenses which do not weigh very much and I was also allowed to sit and/or stand whenever I needed. As I stated earlier, I NEVER received any type of manager training as promised at the time I was offered the management position. To my knowledge, I did not have any type of access to any company policies regarding the ordering of "free" trial contact lenses, though I did at one time attempt to locate such a policy through the company's in house "WIRE" program. In response to the other rebuttals, I do, in deed, regret that I mentioned any of my former co-workers names & I do apologize for that. The only point I was trying to make at the time was that what I had done had simply been done before & by naming names I was attempting to be as honest as I possibly could be about the circumstances. I apologize if my actions or words have hurt anyone else because it was never my intent to do so.

I have decided against taking any legal action and simply to learn from my mistakes and move on. This has been an extremely painful experience for me and in the interest of my own mental health and continued sobriety I do not feel it is advisable for me to dwell on this matter any longer than necessary. I am hopeful I will be able to find employment with a Christian based company or individual or at the least a company with like-minded values and one that would allow someone to learn from their mistakes in order to become a better employee. I have since learned that another Vision Center Mgr. has been fired for the same reasons I was terminated and additionally, Wal-Mart is now on a so-called "witch hunt."

Perhaps I should have known what I was doing was wrong, but at the time, I did not see the coorelation between being asked to throw out trial lenses and accepting them from the doctor and I still do not agree with that. I have accepted free medications from many doctors in the past as I am sure most people have. In regards to the "Wild Eyes" display contact lenses I was asked to throw out, let me be perfectly clear that at NO time did these EVER leave the store. I simply set them aside and I returned them to the doctor the very next day. In retrospect I agree I should not have ordered the trial contact lenses for my friend, but let me just say that this "friend" is someone who takes otherwise homeless individuals into her home, has just recently had cancer surgery and is the type of person who literally goes without in order to help others.

The order was NOT placed to help someone who could afford, at that time, to purchase the contact lenses herself. I agree, however, I should not have ordered six pairs for her, but again, if it is wrong it is wrong and ordering a lesser amount would have been wrong as well. I did know Wal-Mart was NEVER charged for any of the free trial contact lenses so I wrongfully assumed that no one, including Wal-Mart, would be hurt by my actions. If I had it to do it over again, I would have just purchased them for her. I also would have, if given the opportunity to do so, paid for the amount the trial lenses would have cost her. I have since been in contact with the Regional Manager over all Vision Center employees and she explained to me all the reasons I was wrong and specifically why I should have known better and I very honestly agreed with her. I do understand at this point in time how my actions could be construed as "theft" and I am deeply sorry for this. Up until the day of my termination, however, I had received several evaluations with "exceeds expectations" comments noted on all of them. I went from $6.80/hr. to $9.80 in less than one year and was promoted to a department manager position in less than two years. Not the type of employment history of someone who didn't care about her job. My late father was an optometrist and my late uncle was an opthalmologist so I had a very personal reason for wanting to succeed in this profession. I honestly cared a good deal for the work I was doing and attempted each and every day to do my best as well as find ways to improve sales, customer service and every other aspect of the Vision Center.

I regret that in the end I fell very short of my own standards, but it was never intentional. Finally, I would once again like to apologize to those individuals who have been hurt by my statements. My former boss, "L.B." (Larry Becker) in particular is a man I greatly admire and respect. He was one of the kindest persons I have ever worked for and am very sorry I chose to "name names" in the interest of being completely honest. I also apologize to anyone else I may have unintentionally hurt and I hope that will find it in their hearts to forgive me. Let this be the end of this.


Tallulah-phoebe

Beverly Hills,
California,
U.S.A.

"Piper", question for you

#8Consumer Comment

Mon, October 08, 2007

I find it interesting how you claim lack of information and "not knowing the rules" ... yet voluntarily skipped the required managerial meetings when you accepted the position, supposedly due to your back troubles.

I am curious why a bad back made it impossible for you to attend these meetings, yet allowed you to work without difficulty in the optical center day after day?

I am also curious why you feel entitled to claim lack of information about stated policies and rules when you were offered the chance to learn said policies at these meetings, yet voluntarily refused to go?

Please explain.


Tim

Valparaiso,
Indiana,
U.S.A.

Wrongful Termination

#8Consumer Suggestion

Sun, October 07, 2007

Piper, I feel for ya. It really sounds like you were a victim of horrible circumstances, assuming that everything you say is correct and complete.

You brought up the wrongful termination issue: "I feel this situation is a case 'wrongful termination' based upon the lack of training, the lack of any warnings or coachings regarding these matters, & the fact that I based my actions entirely on 'what had been done before', which is the ONLY thing I had to go on."

Wrongful termination is indeed a legal claim. In your case, as in most cases, proving wrongful termination can be extremely difficult. This is because you were, most likely, an "at-will" employee. The default proposition for at-will employees is that they can be fired at any time for any reason. To show wrongful termination, you basically have to show that you fit into an exception to that general rule.

Discrimination is probably the most widely used exception to the at-will principle. Outside of a discrimination case, you cannot show wrongful termination unless you can show that SOMETHING makes it so that, even though you don't have a contract specifiying a tem of employment, you nonetheless had reasonable expectations of continued employment.

Absent an actual contract, you pretty much need to point to something in company policies or in your employee handbook that would lead you to believe that you could only be terminated for cause.

Showing that you had a reasonable expectation that you could only be terminated for cause is the first hurdle you'll have to overcome. Discussion of any other aspect of wrongful termination if you can't show this.

As such, for the purpose of further analysis, could you tell us what policies, procedures, rules, or whatever, do you believe substantiate a belief that you could only be terminated for cause?


Tallulah-phoebe

Beverly Hills,
California,
U.S.A.

Why are you so surprised?

#8Consumer Comment

Sun, October 07, 2007

You were informed that keeping "free trial" offers as a Walmart employee is against the rules. (One would assume that this constitutes a "coaching" or a "verbal" as you describe.) You then decided to keep a "free trial" offer. Whether or not said item was given to you by the doctor is irregardless. How do you know that what the doctor instructed you to take was indeed "free"? Why do you assume that the doctor's word supercedes that of a huge multimillion dollar conglomerate such as Walmart? You were clearly in the wrong here. Walmart was totally justified in firing you, as you did not abide by the policies which you WERE aware of according to your report. It sounds like you are just trying to smooth things over so you can pretend you didn't know, now that you have lost your job over your irresponsible behavior.


John

Williamsburg,
Virginia,
U.S.A.

Are you sure?

#8Consumer Comment

Sun, October 07, 2007

Piper,
I'm sorry to say this, but it appears as though you have admitted to stealing.
If I am not mistaken there is something that states that possession is 9/10 of the law.
I don't know the entire situation, just what you have stated, but being devils advocate here, do you think Walmart, the largest retailer in the world, doesn't have it in writing somewhere that you would have had access to the rules, regulations, policies and procedures purtaining to 1~ your position, and 2~ that they did not allow for you to order free items for friends who couldn't afford to pay for the real items???
And just curious do you realize that you were terminated for stealing and yet you VERY willingly have given us the names and place of employments of a few of your fellow Walmart co workers who have also stolen. So you essentially have just told the world, including any other Walmart employees including management, that those Walmart employees steal. How very friendly of you. YOU TRY YOUR BEST TO BE A GOOD PERSON......It doesn't appear that way to me. How do you know that with what you have stated here that these people will not also lose their jobs?


Kathy

Florissant,
Missouri,
U.S.A.

Time for a Lawyer

#8Consumer Comment

Sun, September 30, 2007

Piper,
Seek the help of a lawyer. Sounds like you are being used as a scapegoat.
Duane, breathe in....breathe out....you don't have to hold your breath while reading.


Duane

Monroe,
North Carolina,
U.S.A.

I had to stop

#8Consumer Comment

Fri, September 28, 2007

reading part way into your extremely long one paragraph post......couldn't read it the rest of the way. When posting....please use spaces between paragraphs.

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