Was i fired unjustly

Asked over 1 year ago - Hendersonville, TN

i was fired from walmart fortaking to much time on a break ii worked for them would be 10 years this month never had a problem but a year ago i used all my sick points so i was given a d day which is kept in your file and if you messed up on atteddance you would be fired well my year was up on march 19th it would be a clean start well i was fired on the 20th for my break problem i said no my d day just ended they said because of a leave of absence for surgery they said no there is more to say but no more room

Attorney answers (3)

  1. Patti Jon Burton Garner


    Contributor Level 12


    Lawyers agree

    Answered . Tennessee is a hire/fire at will state. You would need to show some discrimination or special circumstance that protects you in order to succeed. You should consult an attorney who handles employment law.

    If you find this answer helpful, please let other readers know by marking the answer as "helpful". No... more
  2. Ben Hyder Houston II


    Contributor Level 13


    Lawyers agree

    Answered . Tennessee is an "at will" employment state, which means that an employer can fire you for any reason or no reason at all so long as they do not fire you for an illegal reason. Some examples of such illegal reasons include firing someone based upon their race, gender, national origin, religion, age (if they are over the age of 40), or disability (if they are capable of performing their job with or without a reasonable accommodation). There are other exceptions to the employment at will doctrine, but none of the facts that you mention above seem to implicate any of those exceptions.

    With that said, it may be possible to file for unemployment benefits if you have earned enough wages to qualify. WalMart can oppose your claim, but the company will have the burden of establishing that you engaged in misconduct connected to your employment. If the Tennessee Department of Labor initially denies your request for benefits, you can file an appeal and demand a hearing where you can bring witnesses to testify on your behalf and challenge the employer's claims of misconduct. You can also hire an attorney to represent you throughout this process.

  3. Jason Wade Barnette

    Contributor Level 14


    Lawyer agrees

    Answered . I see no basis for a suit grounded in wrongful discharge based upon what you conveyed. I would focus upon obtaining unemployment inasmuch as that is now a grueling process with the TDLWD and Wal-Mart will object to your eligibility. You will need to Appeal the Agency Decision which will deny your eligibility to the Appeals Tribunal. At that stage, you're going to need an attorney that know Tennessee Employment Security Law to disprove their allegation that you violated a company policy and were therefore culpable of work related misconduct.

    I am not your attorney nor is any answer I may provide legal advice. You may contact me directly for legal advice... more

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