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I work at Wal-Mart as Automotive department manager and I am not being treated fairly and being pushed out of management.

Peoria, AZ |

A tire technician, 3 paygrades below me has assumed management responsibilities without any answers given to me. Sales associates do not recognize me as a manager and I am left to do everything myself, while also watching 2 near-by departments. It is creating a hostile work environment for me. I came back to my store 7 weeks ago from a 4-month remodeling project at 2 other stores and my area was not maintained at all during my absence. I am having a hard time catching up by myself. When i tell my superiors about my problems, the issues are not taken care of. They hold automotive department meetings without me there, the tire tech is doing interviews, always talks with management about future plans, i am left in the dark as if I am too stupid to handle the information. I am being discrimina

I put in a 2 week's notice last thursday or friday because I don't like how everything is done behind my back but thrown in my face, I do not want to quit...and have had no success from salary management. I have excellent customer service, I am constantly busting my butt, and friendly with almost all associates except the ones in my department who have had a clique for many years and do not let many in...until this tire tech mysteriously appeared...and when i ask where did he come from i was told "no one knows"

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Attorney answers 4


I'm sorry to hear about your difficulties at work. What do you suppose is motivating the unfair treatment? Do you suspect unlawful reasons? If so, you should consult with an employment attorney licensed in your area right away. Otherwise, you should know that an employer can generally treat an employee in any manner it wishes so long as the treatment is not unlawful (or contrary to provisions of an employment or union contract, if applicable).

I hope things improve for you.


The answer to employment law questions is almost always "it depends." You would need to consult in person with an employment lawyer to get a careful evaluation of your situation. However, an employer generally does have a great deal of discretion to manage (or mismanage) its workforce and operations. There are exeptions. An employer discriminate against an employee because of a protected characteristic (e.g., race, color, national origin, age, religion, gender, or disability) or for engaging in protected activity (e.g, raising a safety concern to OSHA). Good luck.


Sometimes the best answer, difficult as it may be, is to make the break and go where we we will be wanted and valued, where the employer will be grateful for our efforts.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


I agree with the other attorneys. The one thing that caught my attention, however, is the fact that your successor is three pay grades below you. That smacks of age discrimination. How old are you, and how old is he? Difficult to prove, but it might be there. Get a legal consultation.

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