Would my case classify as whistleblower, retaliation, defamation, other/all ?
I worked at Exton, Pa. walmart for 10- years. 90% of that time I was a commendable employee. Then we got new store manager who was severly verbally abusive to employees including a mentally handicapped female who he would bash until she was hysterically crying and had to go hide in the break room. Others were afraid to report him, so i did. Then he began making negative comments about me reporting him and fired me, so i went to the NLRB and they filed a charge on walmart. Walmart then reinstated my job
in exchange for dropping the charge, but then continually made up lies to fire me twice
more. the first time i proved they lied and got it overturned, but the second still struggling with. when i went back to the NLRB walmart told them a bunch of very slanderous lies and the NLRB dismissed
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
I'm sorry you lost your job in this way. It sounds like you did the right thing and you can be proud of that, at least.
There is an appeal process if the NLRB dismisses a case. The appeal goes to the general counsel. You can find details about this on the NLRB website: www.nlrb.gov.
Your complaint about mistreatment of a person with disabilities is protected under the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA) and perhaps a similar Pennsylvania law. You can file a charge of discrimination and retaliation with the EEOC within 180 days of the last dismissal; this may be 300 days in your state, if your state has a work-sharing agreement with the EEOC.
If your report about mistreatment of the employee with mental disabilities wasn't too long ago, you may be able to show the EEOC or your state agency that your good relationship with the company changed as soon as you made the report. The EEOC/state agency will probably treat the first two dismissals as events too remote in time to take action on. Let the agency know you mention these events to show the change in the way you were treated after complaining about how the company was discriminating against the person with mental disabilities.
You may find helpful information on the Internet at workplacefairness.org. You might also get help from Protection and Advocacy, a national organization that represents people with disabilities and advocates for their rights. I believe P&A is part of the Pennsylvania Disability Rights Network http://www.drnpa.org/, which has offices in Harrisburg, Philadelphia and Pittsburgh.
I know some attorneys in Pennsylvania who may be able to help you. Try David Deratzian http://www.employmentlaw-lv.com/ in Bethleham. You can tell him Mika Spencer in California referred you.
Also, you can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
Personal injury and defamation
Defamation is any type of emotional or psychological personal injury that occurs when someone intentionally harms another’s character or reputation.