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How can I find a lawyer who will take my case against Wal-Mart?

Social Circle, GA |

I stated as an order filler at Wal-Mart Distribution in Feb 2002 I was excited to have the opportunity as I had a felony on my record from a mistake I made as a 17 yr old. I HAVE NOT been in trouble since! I worked my way up through the company to a management position, however in April 2012 I was fired along with another manager in my department (he had 15 yrs.) with the company. After 11 years of working 12 to 18 hr days never calling in and missing half of my children's life .. I have to start over. I understand GA is a "right to fire"state" but I was fired and labeled non rehirable because I was fired for integrity. Since the operations manager and HR manager who fired us was also fired. I went through all the steps contacting corporate, lawyers, no one will hear me. Please help!

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Attorney answers 3

Best Answer
Posted

You are doing to right thing by contacting lawyers. You should search Avvo's "find a lawyer" for a list of employment lawyers in your state, and call a few until you find one that you are comfortable with.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Asker

Posted

Thank-you for your confidence that I am doing the right thing, but I can't find an attny willing to take on Wal-Mart..

Posted

You need to speak with an employment law specialist. Posting your case here is a good start, but Avvo's resources also include a find a lawyer function, which will allow you to review the qualifications of the lawyers listed on Avvo, their reputation in the community and reviews from clients. The listings also include phone numbers and, usually, email contact information. Interview a few folks over the phone and see if you can set up an appointment. Good luck with the search!

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Asker

Posted

I have contacted at least 10 lawyers who won't touch it because it's Wal-Mart...it's very defeating but I know I have a case.

Marc Sean Hurd

Marc Sean Hurd

Posted

I'm sorry to hear of your troubles in finding a lawyer. Most reputable lawyers don't shy away from a case just because of who the defendant is. In order to proceed against an employer for wrongful termination, you generally have to show that it was done because of your race, religion, gender or other "protected class" status. The law also provides that there is a shifting burden of proof in such cases, where if you can show a "prima facie" case of discrimination based on, say, race, the burden shifts to the employer to say that the "race" issue had nothing to do with the firing, and that it was done based on legitimate, non-discriminatory reasons. If they say it was because of your juvenile criminal history, which they knew about but now claim was information that was withheld, you can challenge that. It will require witnesses and/or documentation to show that they knew. Keep looking, if your case does indeed have merit, after the attorney thoroughly reviews all the evidence, the fact thta the defendant is Wal-Mart should not make a difference.

Posted

Unfortunately, your situation is all too common, particularly at places like Walmart. As my firm handles employment matters, I will try to give you some general information that may help you when you contact an attorney.
As a general rule, there is no claim in Georgia for "wrongful termination." Your only real remedy is to pursue a claim under Federal anti-discrimination or retaliation laws. To do so, you must first file an EEOC Charge of Discrimination within 180 days, measured from the earliest time you became aware of the discrimination (this may be your termination date, but not always).

To prevail in a discrimination claim, you would have to demonstrate that: (1) you are a member of a protected class (sex, race, national origin, age, etc.), (2) you suffered an adverse employment action (termination); and (3) you were either replaced by someone outside your protected class or you were disciplined more severely than a similarily situated employee who committed the same misconduct. You employer would "rebut" your evidence with their reasons for terminating you. You would then have to show "pretext;" that is, that the reason they offered was not the real reason for your termination. The real reason was discrimination and/or retaliation.

It is not enough to claim you were unfairly treated. You actually have to establish discrimination through direct or strong circumstantial evidence. Employment discrimination cases are very difficult, especially in Georgia as the Federal judges who hear these cases tend to be very pro-employer.

I hope this helps give you some direction. Be sure to contact the EEOC and/or a lawyer specializing in employment matters right away.

Asker

Posted

Thank you!

Asker

Posted

Would you be interested in meeting with Chris? I would not be searching for help if I were not absolutely sure that he was wronged.

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