Apparently not wanting to dress up as jolly old saint nick can get you fired from Wal-Mart. Check out this article from the Morning Sentinel:
A Lebanon man alleges he was fired last month by the local Wal-Mart because he refused to dress up as the store's Santa Claus.
A spokesman for the retail giant denied the claim, which was filed this week with the Maine Human Rights Commission on behalf of 27-year-old Christopher Nolan.In his complaint, Nolan said he thought it was a joke when he was asked on Dec. 8 to fill in as the store Santa Claus at the Wal-Mart on Main Street. He said his co-workers were laughing.
Nolan, who described himself as an atheist who does not believe in Christmas, said he laughed as well and then declined. "I said, 'Uh, no way,'" he said in an interview last month.
Nolan said he was surprised when his supervisor called him later to say he had an hour to change his mind. When Nolan again refused to don the Santa suit, he said, his boss brought him into his office and told him he was fired.
"He said, 'We have to do an exit interview,'" said Nolan, who said he worked at the store for three years, most recently as a bicycle assembler.
Nolan provided Blethen Maine Newspapers a copy of his exit interview form that was signed by the store manager and includes the following statement of termination from his supervisor: "Asked Chris several times to dress up as Santa Claus. Repeatly (sic) told me no and then said he would look for another job. Didn't listen to me at all. Told him I would take him out of the system."
Mandi Cotter, manager of the Sanford Wal-Mart, declined to comment on Nolan's allegation. John Simley, a spokesman at Wal-Mart's Bentonville, Ark., headquarters, said the company "can't comment on the circumstances of an associate's termination." He added that the "facts as they're described are not true."
Nolan's lawyer, Chad Hansen, of the firm Peter Thompson & Associates of Portland, said he sent the complaint to the Maine Human Rights Commission on Monday.
Under Maine law, people alleging discrimination must file a complaint with the commission before filing a lawsuit.
The commission will assign an investigator to look into Nolan's allegation. The investigator will then issue a report for the full commission, which will then vote whether there are reasonable grounds to conclude that Nolan was discriminated against. It can take up to two years for the commission to decide whether Nolan's rights were violated.
After six months Nolan could also ask the commission for a "right-to-sue letter," allowing him to take his case to a Maine superior court. At that point the commission would stop its investigation.
Posted by Taylor - January 3, 2008 11:38 AM - In The News
This is why wal-mart employees must join UFCW! Every wal-mart employee is at the mercy of management. UFCW is there to protect workers rights. Wal-mart has very little regard for their workers and they display it quite often.
Posted by steve - January 3, 2008 01:19 PM
Some points to make;
1. Did he accept holiday pay?
2. Did he also refuse to stock the Christmas, Easter, Halloween, etc.. inventory or take part in duties related to these holidays.
4. It only takes a little bit of common sense to find that this “situational atheist” has a sense of entitlement and wants to get a free ride. This will come out in the Human Rights investigation. But, by then it’s old news and we won’t hear about it. That wouldn’t be sensational journalism.
4. I bet he has a history, documented in his employee performance files, of insubordination. But, they’re protected.
5. He chose to work at a large company who serves the masses that mostly “believe in” Christmas. To sell to these people you have to associate with them, no matter what your belief system. If you don’t like that, then don’t choose to work for them. If I choose to work for a Church and they ask me to place a new cross on the wall and I refuse based on my beliefs, then I would be an idiot.
Although, I’m not atheist, this guy gives atheism a bad name.
Posted by Dennis - January 4, 2008 12:32 AM
Dennis:
First, it is doubtful that this guy was getting a holiday bonus, very few Wal-Mart associates do.
Second, I am sure he did his job and that means stocking shelves with holiday stuff, but that is certainly not the same thing as celebrating the holidays. It is also not the same thing as being asked to play Santa, which is, you have to admit, a step beyond putting out some extra toys or setting up fake Christmas trees, or pointing out where they are for customers.
Third, how does this story show that this guy has a sense of entitlement? If anything, it shows that Wal-Mart has a sense of entitlement. They feel that they can just bully their employees into doing whatever they want regardless of things like job descriptions, personal beliefs, and the like.
Lastly, what right do you have to suggest this guy was a bad employee?!? What proof do you have that he was 'insubordinate'? He worked for Wal-Mart for 3 years, and hadn't been fired yet, so that seems like an unfair assumption.
Posted by BackStageLeftist - January 4, 2008 03:20 PM
There was a man at store #who worked as the Hardware Department Manager at store #1841 in Chesapeake, Va.
For several years he acted the part of Santa Claus for Walmart while he was on the clock, because this is what he was asked to do.
The last year he was with Walmart #1841 the again asked him to act as Santa, only this time they wanted him to do it off the clock...on his own time!
He said he had done it for years on the clock and wasn't going to do it off the clock or for free.
We had no Santa that year, and the guy was harrassed and moved on to another Walmart in a different state.
I have the picture of him and I posted at the www.walmart-blows.com website, it's under "the break room" and Santa.
So, I can believe they messed with the guy for refusing to put on the Santa suit.
If his lawyer would like to get in touch with me he certainly may do so.
Posted by Christine - January 8, 2008 06:22 PM
Please it's a company if you were a company and you asked an employee to please dress at Santa and that employee said no you would feel you have the right tosay Your Fired. Employees don't own the company Teh owners do. He had a choice do it or your fired. It was fair what is not fair is always trying to play some sor of Race or Reglious card. it sucks.
Posted by Kate - January 10, 2008 05:40 PM
Seems to me that no one should be forced to put on a Santa suit. That is just too over the top for words. I also am not into "x-mas" and refuse to say Merry Christmas at the store or while answering the store phone. I'd rather not offend people who might not celebrate the holiday than worry about someone being upset that I didn't say it. I'd say this guy might have had a reason to seek legal counsel and win if he played his cards right. Asking people to play Santa who do not participate in the myth of the season is not politically correct and w-mart needs to learn that.
Posted by Marcia - January 17, 2008 03:38 PM