Legal Blog: Has Wal-Mart no heart?

This is a direct violation of the American Disability Act and is illegal by WalMart. How do they get away with this???? If a small business owner tried this he would be shut down and run out of town!!! If an employer knowingly hires an employee with a disability he has to accomodate that disability unless the job description is changed no longer making it possible for said employee being able to do it.Then the employer has to find another position with the company if it exists.Example..if an employee in a wheelchair is hired and he is capable of doing his job (because fixtures are all reachable)but then company changes design and now fixtures are too tall to reach said employee must be offered position such as cashier or customer service not requiring stock. If no position exists he is laid off with full unemployment benefits.That is the law!!!!

Darla: WalMart gets away with this because it spends millions $$$$$$$$ on lobbying the Federal Government . It has a BIG friend in the Secretary of Labor,Elaine Chao, and has its lobbysist attempting to influence legislation regarding MANY employee realted issues. Use the search engine here,upper right corner, to avail yourself of the long series of incidents relating to disablity issues. If you disagree with WalMart’s policies and practices,stop buying from them. Its the ONLY thing that will force their hand,when enough people quit aiding and abeting their bottom line.Just say,thanks but NO thanks,to WalMart!

You’ve got to wonder why WalMart doesn’t just let him sit in a chair. How does it hurt WalMart if he sits in a chair? It doesn’t reduce his productivity any. Is there some benefit to WalMart by forcing him to stand? Or are they just trying to get rid of him so that they won’t have to pay for his expensive medical care?

The latter is most likely the case.

[Or are they just trying to get rid of him so that they won’t have to pay for his expensive medical care?]

Or, is this just another case of someone trying to sue to get money from a ‘deep pockets’ company and the union is trying to exploit it to make Wal-mart look bad?  I think I’ll wait to hear what the court says before I make a rash decision on it.

Or are they just trying to get rid of him so that they won’t have to pay for his expensive medical care?

I vote for this one.

We’re going to quit breaking the law. ~ Wal-Mart Regional VP, Larry Williams

“Or are they just trying to get rid of him so that they won’t have to pay for his expensive medical care?”

If that were true, why did they HIRE him in the first place?

RDS,

It’s funny. I was under the impression that Wal-Mart had crap healthcare the no one can afford. Now they are getting rid of people because they use too much healthcare?

This anti-Wal-Mart logic makes no sense to me.

This anti-Wal-Mart logic makes no sense to me.

Are you so naive to believe having indiviuals like this on the payroll wouldn’t adversely affect Wal-Mart’s healthcare actuarials?

You might want to reread the Chamber’s Memo. It was explicit on the benefits of culling unhealthy associates.

What’s good for Wal-Mart is BAD for America!

Wal-Mart Spends $1.4 Million on Lobbying Last QuarterThe Associated Press recently released an examination of Wal-Mart’s lobbying disclosure form for last quarter. Over a three month span, Wal-Mart lobbying expenditures reached $1.4 million, fighting legislation relevant to labor issues, cargo security, and health care. Wal-Mart brazenly fought against the Employee Free Choice Act – a bill which would give employees more leverage in the quest for fair wages and affordable health care. Even more egregious may be its combativeness towards the ADA Restoration Act – a pending piece of legislation which would clarify the rights of peoples with disabilities. See the full article from the Associated Press:

Wal-Mart spent $1.4M lobbying government in 2Q [Associated Press via MSN Money]

Wal-Mart Stores Inc., the world’s largest retailer, spent nearly $1.4 million in the second quarter lobbying the federal government on union matters, cargo security and other issues, according to a recent disclosure form.

The Bentonville, Ark.-based company, which has 1.3 million domestic employees, lobbied on the Employee Retirement Income Security Act. Wal-Mart and the Retail Industry Leaders Association mounted a successful legal challenge to a Maryland law that required companies with more than 10,000 workers to devote at least 8 percent of its payroll to paying for employee health insurance. The judge ruled that ERISA pre-empted the state requirements.

The Employee Choice Act, over which Wal-Mart has drawn criticism for having politically partisan sessions with employees, was also listed, as was the Family Medical Leave Act and the American with Disabilities Restoration Act, according to the form filed July 21 with the House clerk’s office.

Wal-Mart Vice President of Corporate Affairs Raymond Bracy is listed on the reporting form as the company’s lobbyist. The form shows he also lobbied regarding a variety of tax issues and on legislation regarding Chinese imports and China’s currency.

The filing touches on more than government relations; it also mentions items on Wal-Mart’s shelves. For instance, the company lobbied for the suspension of duties on Christmas tree lamps, whistles and ski equipment.

Though Wal-Mart draws customers from all walks of life, the company is quick to note that its core customers are poor — 20 percent of Wal-Mart shoppers don’t have checking accounts. The disclosure shows that Wal-Mart lobbied on a food stamps provision in an Agriculture Department bill. Bracy is listed as working to promote the company’s $4 prescriptions and other health-related aspects.

The company also lobbied on Medicaid coverage of prescription drugs, abstinence education, tamperproof prescription pads, border security and emergency preparedness issues.

Besides Congress, Wal-Mart lobbied the departments Health and Human Services, Commerce, Treasury and other agencies in the April-June period.

Posted by Tony Calero on Friday, August 15, 2008

Someone,

“I was under the impression that Wal-Mart had crap healthcare the no one can afford.”

That’s even if he was covered under the healthcare, remember, according to the anti Wal-Marters, most people are on government healthcare!!  Besides, wouldn’t that have been considered a ‘pre-existng condition’?

Ken V,

“Are you so naive to believe having indiviuals like this on the payroll wouldn’t adversely affect Wal-Mart’s healthcare actuarials?”

Only if he was covered by the insurance!!

“You might want to reread the Chamber’s Memo. It was explicit on the benefits of culling unhealthy associates.”

That makes NO sense, if they are ‘culling’ unhealthy associates, why would they hire another one?  Just so they could fire him and get a lawsuit against them?

...why would they hire another one?

ADA and EEOC.

Live Better In Cheap Underwear

Do you know if you miss one day each month you get coached by management about missing work, also don’t have any operations or medical procedures because they hold that against you also. Mangers other than store managers can’t make decisions. What does scorecards mean for employees.

That is correct, that is why we see alot of sick employee’s, broken employees, and rabid overnight instock people.

How does Wal-Mart get away with this? Because they are BIG and can bully their way around! They’re not called the Beast of Bentonville for nothing!!
Years ago I came across a web site that said that Wal-Mart gets sued approximately 2 to 5 times EVERY SINGLE DAY. The site had 99 condensed versions of some lawsuits. I read through a great many of them. The lawsuits were from employees and customers alike. Some were incredibly sad. But the one lawsuit I am waiting for is Dukes vs. Wal-Mart. Yes, I know the courts are very slow--but I am still waiting anyway.
It will be interesting to see how much Wal-Mart will have to cough up for that one!! It will also be interesting to see how many times they appeal the verdict BEFORE THEY ARE FINALLY FORCED TO PAY UP. All I can say is go Betty Duke!!

Ken,

Your response makes no sense. According to you, Wal-Mart has no regard for the law, so they would not hire him anyway.

You guys need to get your stories straight.

Someone,

Yeah, it makes real sense, that Wal-Mart would OBEY the law to hire this guy and then BREAK the law by firing him so they can get sued, that sounds very logical!!  It makes about as much sense as SDV’s logic that Wal-Mart trys to ‘kill’ their customers!!  Or, the logic, that Wal-Mart ‘forces’ their customers to shop there and their employees to work there!! 

Making sense seems to be quite foreign to their brains!!

RDS.

So many have indeed been forced to shop at WalMart out of economic distress and the shuttering of previously existing retail forced under by ‘government subsidized’ WalMart operations and the import of Chinese low wage products.

As the economy continues the devastate the American workforce in the ‘WalMartization’ of this economy, more workers are forced into low wage, low benefit employment at WalMart. a revolving door for millions of displaced former high wage earners now at poverty’s door.

Sam Walton again on exploitation of people-

Wal-Mart founder Sam Walton once said, “I pay low wages. I can take advantage of that. We’re going to be successful, but the basis is a very low-wage, low-benefit model of employment.”
http://en.wikipedia.org/wiki/Criticism_of_Wal-Mart#_note-
iswalmartgood

“Is Wal-Mart Good for America?” PBS. November 16, 2004. Retrieved on February 24, 2007.

It is not my logic that brought WalMart to kill a few of their customers. It is WalMart’s attitude that petty theft suspects are worthy of injury and death which you and the pro-WalMart trolls seek to defend as psychopaths of the materialistic Christhating guild of Ayn Rand nihilism.

WalMart- Money first is our religion. That is why killing petty theft suspects is not such a big deal for us.

SDV,

“So many have indeed been forced to shop at WalMart out of economic distress”

But, maybe those same people, had they shopped at Wal-Mart in the first place, instead of shopping the ‘high priced’ stores, they wouldn’t be in financial distress now!!  And, maybe, had they ‘looked to the future’ with their ‘spending habits’, practiced ‘delayed gratification’ and actually ‘learned’ and ‘worked’, their lives would be a lot better, it works for hundreds of millions of others, so it could work for them too!!

“the shuttering of previously existing retail forced under by ‘government subsidized’ WalMart operations and the import of Chinese low wage products.”

You tend to forget two things, first, Wal-Mart was once one of those Mom & Pop retailers and second, Wal-Mart is only one of many who import ‘Chinese low wage products’!!  Failing to ‘compete’ shuttered those stores, not Wal-Mart!!

“It is not my logic that brought WalMart to kill a few of their customers.”

No, but it IS your logic, that takes a FEW isolated cases, caused by a few employees, not the company policy, and contends that it is the NORM!!

SDV,

“Wal-Mart founder Sam Walton once said, “I pay low wages. I can take advantage of that. We’re going to be successful, but the basis is a very low-wage, low-benefit model of employment.””

I find it fascinating, that somehow you think that for 40+ years, Wal-Mart’s employees didn’t see that!!  Also, is the fact, that the ‘low wage’ model WORKED and took Wal-Mart to the top of the heap, while the ‘high wage’ model has been dying on the vine!!  Even the ‘low wage’ model in China, has been propelling their country upwards, while OUR ‘high wage’ model, has driven us to the verge of collapse!!  You have admitted it yourself, that this country is ‘losing’ the ‘high wage’ jobs, but ‘low wage’ jobs are growing, what does that tell you?  It tells me, that ‘high wages’ is a losing proposition, causing failure to ‘compete’ in the modern world!! Throwing more money at a problem, has never solved anything, adapting to conditions, solves everything!!  If ‘competition’ with ‘low wages’ is the problem, surely you can see, that raising wages, will only make the problem worse, can’t you?

RDS: Wouldn’t lower wages decrease the amount you can ask for your rentals?And higher wages,increase the amount?

I find it fascinating, that somehow you think that for 40+ years, Wal-Mart’s employees didn’t see that!!

RDS, as you know, the spirit of what Sam Walton said applied to Wal-Mart’s beginnings in rural/suburban communites, where the cost of living, as a whole, was (and still is) substantially lower than say, New York or L.A.

Leave it to these people to modify (twist) everything to suit their thinking…

If they’re happy with paying their 4-digit rent for the “prestige” of living in the big city, I say more power to them…

ddrb,

“RDS: Wouldn’t lower wages decrease the amount you can ask for your rentals?And higher wages,increase the amount?”

Correct, but, ‘lower wages’ would also lower the ‘cost of living’ across the board, which would also benefit me in return!!  An example is, the price of gas, here it is $1.53 a gallon, but, in California or New York city, it is ‘higher’, because even gas station owners have a higher ‘cost of living’ in those areas, so they need to charge more, to pay their higher bills!!  But, if wages rise, I can charge higher rents, but also, my costs will be higher!!

Just think how much ‘better off’, lower income people would be in New York City, if rents were lower and they didn’t have to ‘compete’ with all those ‘high income’ wage earners!!

“Throwing more money at a problem, has never solved anything, adapting to conditions, solves everything!!  If ‘competition’ with ‘low wages’ is the problem, surely you can see, that raising wages, will only make the problem worse, can’t you?"~RDS~~~~~~~~~ Wednesday, November 12, 2008
Bentonville Employees to Get 5.8% Raise

City employees in Bentonville are scheduled to get a 5.8% cost-of-living salary adjustment next year. The raise is based on the Social Security Administration cost-of-living index. Last year, Bentonville employees received a 2.3% cost-of-living adjustment in the 2008 budget year.

Last week, Rogers Mayor Steve Womack proposed a 5% cost-of-living salary adjustment for Rogers city employees, except those making less than $41,600. City employees below that threshold will each earn $2,080 more in 2009 than they did in 2008, representing a $1 per hour raise, which is greater than a 5% boost.

Neither the 2008 nor the 2009 Fayetteville City Budget includes any cost-of-living raises for city employees.
In Fayetteville, we know that our highest paid city employee is Dan Coody, and his salary this year is $107,038.88 plus a $5,000 car allowance. In the last four years, Coody’s base salary has increased from $83,312 to $107,038. That’s a $24,000 raise, a 28% increase since the last election and an average of 7% a year, but Coody has said there is no money available for cost of living raises for other city employees.
Posted by Jonah at Wednesday, November 12, 2008~Iconoclast~~~~~~NOTE: According to your theory,these city employees higher wages will lead their cities to the verge of collapse?

...Wal-Mart would OBEY the law to hire this guy and then BREAK the law by firing him...

Whenever I read the ‘all-or-nothing’ ideology of you right wingnuts, I wonder what planet you’re from?

Wal-Mart doesn’t always obey the law and they don’t always break it. You make it sound like the decision to hire or fire “this guy” had a human face. It didn’t. This guy was just bits on a computer reviewed by lawyers and number crunchers. Oops!

Perhaps we should continue this discussion on Wal-Mart’s second FMLA lawsuit in a month?

We’re going to quit breaking the law. ~ Wal-Mart Regional VP, Larry Williams

ddrb,

“According to your theory,these city employees higher wages will lead their cities to the verge of collapse?”

Here, you are talking about ‘government employees’, their money comes from Taxpayers, not product sales, therefore, they can generate all the money they want, by simply raising taxes!!  Companies, don’t have that luxury, they have to depend on getting people to buy their products!!

Here’s the problem I see with your way of thinking, The companies you tend to chastise, for paying ‘low wages’ are the ones that are GROWING and the ones that you LOVE, that pay ‘high wages’ are going ‘belly up’, yet, you continue to spout that ‘high wages’ is the ‘best way’ to run a business!!  I see it as the ‘best way’ to go bankrupt!!

RDS: According to last night’s Arkansa election results, a change is coming.To wit:Doug Sprouse will be the NEXT Mayor of Springdale. He had the support of the newspapers and captured 62.7% of the vote over Alderman Mike Overton, who had a substantial advertising and expenditure advantage.

Lioneld Jordan’s victory of 57.3% over incumbent Dan Coody is the MOST surprising of the evening. Coody outspent Jordan by almost 3-1, had the endorsement and very favorable coverage from the Northwest Arkansas Times, had a full time city staff person whose job was to make him look good and get press attention, used a full-time Government Channel touting his good deeds, had the backing of developers, and got the support of a poet. To hear Coody TELL it, Jordan was supported ONLY by UNION thugs and EXTREMISTS. We will await the analysis of the political scientists to EXPLAIN THIS PHENOMENON.

The only real loser was the editorial staff of the Northwest Arkansas Times. They exposed the degree of their influence by backing the losing candidates for both Mayor and County Judge.

And don’t tell us we won’t have Dan Coody to kick around anymore. That lucrative lifetime pension can still be had if he serves just one term on the city council.
Posted by Jonah at Wednesday, November 26, 2008 ~~~~Iconoclast~NOTE: Yes, I am awaiting that political analysis of those results too. Doesn’t sound like portraying unions as the bogeyman was a successful strategy.

“Here, you are talking about ‘government employees’, their money comes from Taxpayers,...., therefore, they can generate all the money they want, by simply raising taxes!!  Companies, don’t have that luxury.”.RDS~~~~~~~~~~~NOTE: Of all the ignorant remarks you’ve made, that statement is at the TOP of the list. Ever hear of taxation without represenation? WalMart has the luxury of NOT paying their FAIR share of taxes by using tax avoidance scams,and getting away with it.

Somebody must have paid plenty of taxes into the local free clinic where ddrb got that frontal lobotomy. I wonder if her husband left her before or after That? 

Ah - regardless, he did the right thing!

ddrb,

“Yes, I am awaiting that political analysis of those results too. Doesn’t sound like portraying unions as the bogeyman was a successful strategy.”

In case you haven’t heard, Arkansas is a ‘right to work’ state, so unions are of little consequence here!!  As fr the election results, all that proves, is that people in Springdale and Fayetteville, aren’t controlled by the government, like the people in YOUR area are!!  We ‘vote’ for who we think is ‘best’, not who spends the most money!!  And, if they don’t live up to their promises, they are sent down the road packing!!  At least Northwest Arkansas isn’t full of ‘crooked’ politians, like you say your area is!!

Funny, how in other posts, you have quoted articles from the Northwest Arkansas Times, but now quote your ‘buddy’ Jonah (the kook) Tebbets, calling them ‘Losers’!!

BTW:  I ‘voted’ for Doug Sprouse!!

RDS: I guess Coody didn’t hear that Arkansas is a right to work state! HE’S the one who was using fear of unions against his opponent,Lionel Jordan -WHO WON by the way...a victory of 57.3 % over his union fearin’ and extremist hatin’opponent,Dan Coody.BTW, RDS, WHY would you think ANYBODY believes that Arkansas doesn’t have crooked politicians-because YOU say so? LOL!

ddrb,

“WHY would you think ANYBODY believes that Arkansas doesn’t have crooked politicians-because YOU say so?”

I didn’t say that Arkansas doesn’t have crooked politicians, what I said was “At least Northwest Arkansas isn’t full of ‘crooked’ politians, like you say your area is!!”, the key words here are “FULL OF”!! 

And, at least WE know when someone is building a ‘new’ business building, BEFORE they start construction!!

As for Coody, he LOST didn’t he?  Therefore any ‘fear’ of unions he tried to spread, didn’t work, now did it?  Your problem, is that you take the words of Jonah the Nut Job, seriously!!

RDS: All nut jobs are not created equally. I’d prefer to take my chances on Jonah, than a WAL-Nut job .

“Doesn’t sound like portraying unions as the bogeyman was a successful strategy. “

If you don’t think unions are populated by thugs and bogeymen, just check next time there is a strike and a picket line. Just see how respectful the lazy loafers on the picket line are to the real workers who cross the line to work.

If you don’t think WallStreet and Boardrooms aren’t populated by thugs and bogeymen, you haven’t been paying attention-or are being paid NOT to pay attention. You can steal a lot more with a briefcase than with a gun.Oh,and btw,I doubt seriously IF you are ,or EVER have been in any danger of ever crossing any picket lines.However, don’t take your chances when holiday shopping at a WalMart, but its not the unions you need to worry about.

No. Walmart has no heart. We see black friday every year on the news. When the store doors open it looks like the running of the bulls. Valley Stream Long Island had two thousand people waiting outside its doors to get in at five a.m. It was up to part time associate to open the doors. When he attempted to do that that, the doors were knocked down to the floor and he was stampeed to death. Walmart should have anticipated this. The police were being shoved as they tried to revive him. Where was security?

D.B. in N.Y.: WHY wasn’t the MANAGER opening the door? WHERE was the manager?

D.B.,

“The police were being shoved as they tried to revive him. Where was security?”

If the POLICE were being ‘shoved, what ‘good’ would Wal-Mart ‘security’ be?

ddrb,

“WHY wasn’t the MANAGER opening the door? WHERE was the manager?”

Why?  Do you think the manager would have been able to stop the stampede, or are you saying that you would just rather see a Wal-Mart manager ‘trampled’, for having a SALE?

RDS: Did you prefer seeing a temp worker trampled? I am certain that the legal expectations of WalMart’s managers,that is,duty of care to the well being and safety of his/her employees will be thoroughly litigated by the deceased’s counsel. It should be. It is doubtful that there are ANY questions relating to the financial performance standards regarding WalMart managers by WalMart,or the duty of care towards the “bottom line”. In the decedent’s case, it was the” bottom of the line” for him,poor soul.

ddrb,

“Did you prefer seeing a temp worker trampled?”

No, I would have preferred to see NO ONE trampled, I would have preferred that people act like ‘human beings’!!

Under YOUR theory, any time there is an element that someone could get ‘hurt’ or even ‘killed’, a manager should be the one doing it!!  And, as anytime anyone works, there is that element, why have workers at all, why not just have the managers do everything? 

If a guy walks in the door and starts ‘beating up’ the greeter, who’s fault is it?  Is it the store’s, because they had the doors open?  And, would you then claim that it should have been a manager ‘greeting’ people?