As the previous blog entry, and countless others, testify, Wal-Mart has a tenuous relationship with the American legal system. Whether its forcing their employees to work off the clock, discriminating against women, or violating the Americans with Disabilities Act, Wal-Mart can't seem to stay on the right side of the law.
Well today is no exception. Wal-Mart is being sued, again, for demoting a worker because she took time off for a medical emergency. In addition to being immoral, this action was probably illegal. Lynda deBarros, the employee suing Wal-Mart, took time off through the Family and Medical Leave Act which is designed, specifically, to protect someone's job if they have to take time off due to a medical emergency.
Here's the full article from The Oregonian:
Employee in Oregon sues Wal-MartA Wal-Mart employee in Oregon has accused the mega-store chain in federal court of demoting her because she took time off during the Christmas shopping season to undergo an emergency hysterectomy.
Lynda deBarros filed suit Tuesday against Wal-Mart Stores Inc. in U.S. District Court. She joined the chain in 2000 as a photo technician in Eugene. In 2002, she became an assistant manager of Wal-Mart's store in McMinnville. In 2005, she was sent to Lebanon to oversee the construction of a store. In August 2007, she was made assistant manager of the Springfield store.
On Nov. 14, 2007, deBarros went to her gynecologist because of excessive menstrual bleeding, documents show. DeBarros "had a strong family history of cancer and was very worried that cancer was the cause of her excessive vaginal bleeding."
On Dec. 3, 2007, her doctor recommended an emergency hysterectomy, which was scheduled for Dec. 10. When deBarros notified her boss, Kenneth Hutchison, about her medical condition, the suit said, he scolded her and told her to go to the doctor on her time, not his.The suit also alleged that Hutchison berated her about the timing of the operation because it "is our busiest time of year" and noted that two other assistant managers were out. He also asked, "Are you sure that you can't take it later?" the suit said.
DeBarros went ahead with the procedure, taking time under the federal Family and Medical Leave Act. She returned to work Jan. 21.
Two weeks later, deBarros was demoted from assistant manager, a salaried position paying $46,000 a year, to associate, a job paying $12.50 an hour. She also was moved to the Cottage Grove store.
DeBarros accused Wal-Mart of retaliating against her for taking time under the federal leave law. She seeks reinstatement to her management job and back pay.
Wal-Mart officials at the company headquarters in Bentonville, Ark., did not return a phone call seeking comment on the lawsuit.
Posted by Taylor - November 25, 2008 03:58 PM - In The News
I read this story and something is missing. If Ms. DeBarros was an assistant manager and was demoted it was for more than emergency medical leave. She definitely did something wrong and against Wal-Mart policy. I work for Wal-Mart and this type of action for emergency medical leave is totally against Wal-Mart policy.
Ms. DeBarros violated Wal-Mart policy and she should be glad she still has some type of job. Usually when an assistant manager violates Wal-Mart policy they are immediately terminated.
Since she is still working it wasn't a major violation of the policy.
There are facts missing from this story and this story needs to be investigated further. Something is missing in the facts.
Posted by Steve - November 25, 2008 06:02 PM
I've been looking through your site, and some of the comments made just are not entirely true to my understanding. I hate walmart just as much as you, but some of the statements are false. I used to work there. Walmart does NOT force employees to work off the clock. In fact, if you are caught working off the clock, you are either wrote up or terminated (I know cuz i forgot to clock one time). Also, about Beth having to drop her health insurance after 2 months of getting it? That's not so. The only time you are able to change your health insurance enrollment, is once a year, during open enrollment. You just can't change your insurance just whenever you feel like it. Not everything I've seen posted on this website is entirely true to my understanding.
Posted by Dwayne - December 1, 2008 04:45 PM
it is probably because she was making to much money
Posted by sam - December 2, 2008 05:10 AM
You people are stupid. Litterally. This lady had somethin seriously wrong with her. Walmart had no right to go against a doctor. None. This is horrible and you are horrible ppl for thinkin that wal-mart is a good store.
Posted by nick - December 10, 2008 12:26 PM