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Can I sue walmart for wrongful termination?

Livonia, MI |

I work of a walmart in Michigan and I go to college as well. I changed my availability through the correct procedure at my store but was scheduled on a couple days I was not available. So I went to my manager everyday I worked for the three weeks prior to the days I was scheduled but inable to work to have her take me off the schedule. So I did not show up for the days since my contract states I do not have to work any day not in my availablity but I was fired for no call no shows. Do I have a case since I have witnesses to me asking my manager to take me off the schedule.

Attorney Answers 2


I sympathize with your situation but unfortunately you do not appear to have a good wrongful termination case. Michigan is an "at will" employment state. An employer can terminate an employee for any reason or no reason. However, an employee may not be discharged for discriminatory reasons, such as race, gender, national origin, religion or sexual orientation. An employee also may not be discharged in retaliation for refusing to comply with an illegal directive of the employer, or for engaging in certain other protected activities, or if the employment contract or collective bargaining agreement provides that the employee can only be discharged for cause. Based on the information in your post, it does not appear that you were terminated for a forbidden reason.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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Rodney A. Hampton

Rodney A. Hampton


Also, although the friend may have witnesses, I doubt that they are going to be willing to testify against their employer and potentially lose their job. In theory an employer cannot engage in such retaliatory firings, but in practice it can and does happen.


First, it is irrelevant what company you worked for, and it violates avvo policy to "name names." You tried to do things the right way; the company put a roadblock in your way; and you decided to engage in self-help, for which your employer fired you.

If there is an employee handbook that sets forth the company's policies as to scheduling, and you abided by those policies, you should be aware that in some states such policies will constitute a contract between employer and employee. I am a NY attorney and cannot advise you as to your state's laws.

Barring that, and assuming there is nothing indicative of violation of any other written agreement or unlawful discrimination, then you likely have no rights.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.

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I was terminated while on a LOA and wasn't released from my physician. I was wondering if I could sue and what kind of lawyer to obtain. Also I was injured three times while working for them and submitted the workman comp claims. P.s. I need some help

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