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Should i get an attorney or is this legal grounds for suing? thank you for your time.

Monticello, NY |

i applied and went through the full application and job process for walmart : interviews, drug test etc. and rhey said i had the job but then when they gave me orientation i said i couldnt becuase of a funeral in my immediate family (Uncle) and they said they would call me back for a later time and its been a couple days and i feel like they are just going to " blow Me Off"

Attorney Answers 4


  1. You are right to be concerned. In the real world, showing up is the most critical element for holding on to employment, and the employer here has been caused to have doubts about whether you can be relied on to meet that essential standard. You don't have any legal rights in this circumstance, so you will have to rely on your powers of persuasion and diplomacy to cause the employer to hang in with you.

    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.


  2. As an at-will employee, Wal-Mart can decide to not hire you for any lawful reason, as seems to be the case here, so you have no legal rights. But, certainly follow up with them, and submit any documentation of your relationship to the deceased and attendance at the funeral you can. You may get a sympathetic ear.


  3. No, you have no basis to sue. Most states in the US, including NY, are "at will" states. This means that the employer can choose to fire you (or not hire you) for virtually any reason, as long as it is not an illegal one. While I am sure your funeral was legitimate, people often use funerals as excuses to miss work. Walmart is no doubt concerned that you will be a problem in terms of showing up, especially since this happened before you even started. I wouldn't be particularly surprised if you don't hear from them again. You might want to politely follow up with your contact at the company.

    For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.


  4. NY is an employment at will state. You can be fired or not hired if you do not have a contract providing they do not discriminate.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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