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I worked for walmart for almost 5 years and was terminated today can I sue walmart for defamation of integretity.

Canton, NY |

I was working on a vehicle and broke the tpms senson on workorder I wrote broken pts since you cannot erase this I crossed this out before giving this to the customer also I replace the sensor and there were no lights on. I told the customer that there was an issue with a tpms sensor. the next time I was scheduled to work they pulled me into the office and told me that what I did was considered the the same as stealing I told him that I broke the sensor so how could I charge a customer for something they didn't break he told me that I should of took it out of the system and I told him that I didn't no I had to. my manager was right there the hole time I told him that I broke the sensor and he gave me keys to tpms cabinet. he never said anything to me besides ask me if any lights were on.

the system does not let you erase something once you have written it so that is why I crossed out instead of erased it.

Attorney Answers 4


  1. Unless you had a contract, you were an at-will employee and therefore could be fired for any reason or no reason so long as it was not an unconstitutional reason such as based on race, gender, religion, etc.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. Firstly, you should file for unemployment insurance at your local employment office or online.

    You are an employee at will and can be discharged for any reason, as long as it is not a discriminatory one protected by statute.

    You do have some difficulties communicating in English and I suggest that you may want to take someone with you who is better versed in English and help you speak with a supervisor in the HR Department. It seems that what you did was totally reasonable, however, it appears that someone may not be understanding fully what you are trying to explain. Nothing prevents you from trying to get your job back. In the meantime, file the unemployment insurance claim.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  3. Unlikely, absent discrimination or an employment contract, but call a local employment lawyer nonetheless.


  4. These facts will not support a claim for defamation (libel).

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal 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 joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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