Wal-Mart To Pay Close To $1 Million In Disability Case

Hello,
My name is Debbie and our son worked at wal mart. He started with helping the build of this store. Then when it opened, he worked overnight stocking. Then he wanted to come to days because he is going to have a baby this month. But when he moved to mid shift, his pay was cut by 1.40 an hour and he was put on maintenance. He had to sweep and clean bathrooms. They said there were no other positions available. He asked many times to be put somewhere else besides maintenance. And some other associates said some of the other maintenance people were saying he was lazy. I know that is hearsay, but it still goes to what all has happened. And one day, the maintnenace supervisor called a meeting. And that is where our son quit. There were some things said that were not good. But when asked about them later, management said that it never happened.  I think at 21 years old, for him, all this took its toll. Our son is dyslexic. It is a disability, but not one you can see. He does not like for a lot of people to know, he said they treat you different. So expressing himself is not easy. He said he thinks some of them know. About 2 weeks after he quit, he went in to talk about trying to get rehired. The store manager said if he would put in his applicantion again, he could come back. All of the managers said he did what he was told. And that he was a good employee.  It has been 6 weeks and they still keep putting him off. They have hired people since then. They keep telling him different things. He had an appointment yesterday, July 3rd, to talk to the co-manager and the manager. When he got there at the correct time, the co-manager had to go out of the store for something and the manager said he knew nothing of the meeting and that he had meetings with some store managers. So nothing again. I have been going to this same store for about 15 years and I know all of the older people that are there. I hear some awful stories about how they are treated. I know that Wal-mart can hire who they want, but do not keep lying.  I know for a fact that there are people there that go home and don’t clock out, and come back later to clock out. I know associates that curse at customers, and they are all still there. They say that their tier has changed, so if my son did not do good on the 100 questions when he was orignally hired, he can’t come back. He worked there for 1 and 1/2 years. Dyslexia is not being able to read as good as others. I would think that going from stocking to cleaning up puke for 1.40 less an hour, would put a strain on anyone. Thanks
Debbie Haislip

I wish your son could find another job. Why is he wanting to go back to work there when he got treated like garbage?

“our son worked at wal mart. He started with helping the build of this store. Then when it opened, he worked overnight stocking.... I think at 21 years old.....I have been going to this same store for about 15 years...He worked there for 1 and 1/2 years”

What’s wrong with this timeline, was this boy 6 when he started?  He helped when the store was built and opened, and she has been going to this store for 15 years, and he is 21 now!!

What’s wrong with this timeline...(?)

I’ve warned you before, RDS, numbers are not your friend. And when they are mixed in with the written word, your comprehension is strained to the limit.

Butt-head: I’m angry with numbers.
Beavis: Yeah, there’s like too many of them and stuff. ...

Un Real!
Leave it to rds to throw a spin on a tragic, despicable act, yet again, committed by the beast on an innocent human being.
Walmart does this kind of thing time after time and always gets off light! Hopefully the class action suit award will set them back far enough to open their eyes & re-think their thought process on abiding by the A.D.A. and other Federal EEO laws. Instead of interpreting the laws & putting a spin on them, in their favor, They need to follow the LETTER OF THE LAW as written!

“Leave it to rds to throw a spin on a tragic, despicable act”

It’s not tragic if it’s made up!!

“Un Real!”

You got it!!  It’s always strange, when someone posts a sad story, how some people fall into it, without even thinking or comprehending what was said!!  And, then, they jump all over the person who points out the faults in it!!

“Butt-head: I’m angry with numbers.”

Yeah, Ken, why are you always angry with numbers?

Once Again… Ken is RIGHT ON the Mark!

“your comprehension is strained to the limit.”

This says it all about you, RDS!  So let’s get this straight.  You imply the story by Debbie in Nashville is “made up!!” You go on to state, “It’s always strange, when someone posts a sad story, how some people fall into it...”

You’re the one that’s strange Rds!  Only you could waste your time attempting to spin your “ironclad” and “irrefutable” arguments,” trying to debunk a story that may not be true in the first place. If the story is “made up,” you’re the one who appears to be strained over any perceived “inconsistencies?”

Now who’s the REAL idiot here?

“Perceived inconsistencies”??????

1. “He started with helping the build of this store.”
2. “Then when it opened, he worked overnight stocking”
3. “I think at 21 years old, for him, all this took its toll”
4. “I have been going to this same store for about 15 years and I know all of the older people that are there.”

Screwed, it can’t be any more black and white than that.  I’m not doubting her story but her stated facts leave alot to be desired.

Yes Screwed YOU are the REAL idiot here.

Has anyone considered the original store may have been converted into a Superstore,some years later? That COULD explain the time desrepancies?And that could be when her son may have helped out in the reconstruction phase? Just a thought.

ddrb,

“Has anyone considered the original store may have been converted into a Superstore,some years later?”

Maybe, but that wasn’t stated!!  The story said, “the build of this store.”, not the ‘reconstruction’ and she said “this same store” and, “when it opened”, not when it ‘re-opened’!!  People need to say what they mean, not have others ‘guess’ what is meant!!

RDS:Really,RDS? I seem to recall many of your posts that had follow up posts to clarify and/or backpedal your original positions. Not to mention posting under false identities-does that qualify for truth in disclosure?Is that saying what YOU mean,or what your alternate selves mean?

RDS ,and I stated that YOU CAME OUT OF THE WRONG HOLE

BECAUSE YOU"RE A BOWEL MOVEMENT!!!!!

Has anyone considered the original store may have been converted into a Superstore,some years later?

Has anyone considered “Debbie” is just another in a long line of one-post wonders?

Not to mention posting under false identities-does that qualify for truth in disclosure?

Sorry—RDS’ postings have always been under different, predictable variations of his given name, which make his “identities” anything but false—can you say the same thing about yourself?

(Disclosure:  “bbrd” is a variation of something—just not saying “what")

I don’t know whether Debbie is ‘real’ or not and I don’t know if her story is ‘true’ or not, but I do know I have read thousands of <a >stories</a> just like hers.

Have we lost the capability to link?

http://members.aol.com/walmopboy/abuse/strl.htm

Copy & Paste—(my favorite!)

Not to mention posting under false identities-does that qualify for truth in disclosure?

Sorry—RDS’ postings have always been under different, predictable variations of his given name, which make his “identities” anything but false~~~~~bbrd How do you KNOW what RDS’ posts have ALWAYS been?

bbrd How do you KNOW what RDS’ posts have ALWAYS been?

Since you think you have all the answers, why not tell me?

bbrd:Not only do you profess to KNOW the entire catalog of RDS posts,NOW you are alleging mind reading,TOO?(i.e. you think you have all the answers,)

Get a room, you two!  :o)

Instead of turning this into a pissing match where we toss around insults and try to hurt each other’s feelings in methods that resemble what is seen on the elementary school playground, why don’t we discuss the original post? I know, this is a radical idea, but lets run with it and see how it goes.

First of all, I’m going to go ahead and say that the original post is inappropriate for this article. The precident establish by this article is that employers must make accomodations for disabled employees if it is clearly visible in appearance or behavior that there is a disability that needs to be accomodated for reguardless of whether an accomodation is requested by the particular employee. Since dyslexia is a learning disability involving the ability to develop an understanding for a written language, it is not a disability that would be clearly known by appearance or behavior.

Next, the post is further inappropriate because the article discusses disability discrimination and the subject of the original post was not discriminated against based on disabilities because he was transfered and his position was changed only after he requested a transfer of shift. This immediately rules out any form of disability discrimination case.

One might also look at a possible FMLA violation, but again you must realize that because he took no leave because of his coming child yet, there is no case there either. From the facts presented, there has been no civil or employment law that has been violated in this incident.

When an employee puts in a request for transfer of shift, he really must take what he gets. If maintenance is the only position open, then you must either accept the position or retract your request. It is entirely plausible that at the time, the mid shift had the number of stocking employees it required.

As to your son quiting, if harsh words were exchanged, he should have expected to be fired. Disrespecting your employers is never the brightest idea. Frustration can be understood, but in a civil environment it must be restrained. Also, it is the employer’s choice as to how employment procedures are taken. If they put off interviews, you must roll with the punches. In today’s world, jobs can not simply be taken for granted. It must be understood that jobs will not always be appealing and if you want the income, you have to complete the job. Welcome to the world.

So, pointless arguements and timelines aside, there is no case for this event. If you do actually follow the law as you expect Wal-Mart to do, you will see that legal action based on what has happened here will be fruitless.

Still, by all means, debate me; bring forth your own arguements. Make this educational. Attempt to drag me into your childish arguements by insulting me, but don’t expect me to demature for you. Please look at what I typed with open eyes and both sides of your mind. I look forward to your response.

Who is it that ALWAYS says......."I smell a Ra-” ?

...debate me...

There’s really nothing to debate, Ra*. One only needs to look at Wal-Mart’s record in relation to the ADA and the EEOC to end any debate.

The Equal Employment Opportunity Commission has had to file more suits against the Bentonville billionaires club for cases of disability discrimination than any other corporation. A top EEOC lawyer told Business Week, “I have never seen this kind of blatant disregard for the law.”

*Wasn’t Ra the Egyptian god of bullshit?

Ken V: I thought the same thing,i.e., about Egyptian King Ra-Tah. Here is a bit of synchronicity:Ra

Patron of: the sun, heaven, kingship, power, light.

Appearance: a pharaoh wearing the sun disk on his head.

Description: Ra was the almost universally-worshipped king of the gods and all-father of creation. A sun god, he was said to command the chariot that rode across the sky during the day. A king, he was the patron of the pharaoh. Ra is the most central god of the Egyptian pantheon.

Ra’s position in the pantheon is unusual. He is the only god, apart from Osiris, who is definitely said to be not on the earth. Ra, it is said, is an aging god, still powerful, but too old to deal with his children any longer, so he has gone exclusively to the sky to watch over the world. Horus rules over the earth and the gods in his stead, demonstrating the divine right of kingship.~~~~~~~Gee, Ra sounds like Sam Walton. And,incidentally, that new logo could be sundisk! (I originally said it looked like the Sunkist .)I guess Horus is Lee Scott? Is that pronounced whore us?

Most amusing, you two, but lacking nonetheless. You seem to have decided to put more research into my naming scheme rather than actually trying to uncover the logistics of this particular case. Again, you live up to the dismal immaturity that I mentioned in my post.

Since you leave me little to talk about, let’s look at Ken V’s post about Wal-Mart’s record in relation to ADA and EEOC. Not only does this prove that Ken V did not thouroughly read my post, but it displays Ken V’s lack of legal knowledge. In courts, past actions are not to be considered in deciding the outcome of a case until a verdict in favor of the plaintiff is reached and punitive damages are being decided. Past action reference would create a bias in the jury by bringing up events that are not relevant to the current case. This means that despite Wal-Mart’s past legal disputes, you cannot factor those decisions into the current claim. This, in fact, leaves the entire case open to fair and educational debate. Anyone who loves what this country represents would never say a case is closed to debate before it has begun. No one seems to appriciate things such as “Innocent until proven guilty” until they need them.

As for ddrb, there was no educative thought in your post. Your idea of a refute is to copy & paste information about an Egyption god (I understand that it is probably not a copy & paste job because it possesses your lack of attention to conventions) and attempt to convince everyone that I am a man who died over a decade ago. Another thing, I do not understand what the people of this blog have against Sam Walton. The man was a capitalist who made educated decisions to live the American dream of coming from literally nothing after serving in our military and becoming wealthy with a legitimate business. The man made billions and what did he do with it? He created charities, he led programs to help the poor, he support America during the Cold War. The problem you have with Wal-Mart is not with Sam Walton but with the current management. That is like blaming Lenin for the millions of people that Stalin had killed. Lenin did not lead the Communist movement in Russia to have the people he was trying to aid slaughtered by the man who assasinated him and claimed power. All that I have seen of Sam Walton is altruism and the man needs to be respected for what he did rather than what became of his legacy. To put this on a level that you will find easier to identify with, ddrb, if your children would go on to launch the bomb or fire the shot that begins World War III, should we look back and point at you for spawning them?

Next time, it would be far more pleasant to debate the issue at hand rather than refuting senseless banter and foolhardy attempts to offend someone you do not even really know. I actually found ddrb’s post to be amusing and complimenting that you think so much of me from my very first post on this site. Instead of jumping down the throat of anyone you assume to support Wal-Mart, why don’t you take the time to learn from others. I have certainly learned plenty from you. If nothing else, I have discovered hints of your personality, your levels of education, and how you would likely react to arguments that I pose. If you have it in you, try harder next time, guys. I’ll still be waiting for a rational thought.

(Even though my name was not meant to be a reference to the Egyption god, I thought I would indulge you a little with my location as I am, in fact, about to get on an airplane.)

This means that despite Wal-Mart’s past legal disputes, you cannot factor those decisions into the current claim.

Back to you ivory tower, Ra. In the Court of Public Opinion your rules do not apply. The Shanks case is a perfect example. Wal-Mart played by your ambulance chaser rules and as a consequence they will be ‘fined’ by the public for years to come.

I do not understand what the people of this blog have against Sam Walton.

If you had done a little back reading before going off half-cocked you would realize “the people of this blog” believe the Wal-Mart of Sam Walton (Sam’s Dream) died with him to be replaced by the Beast of Bentonville.

I’ll still be waiting for a rational thought.

Both Double D and I hope you have one.....soon!

First of all, I must thank you, Ken V. I have finally gained something educational from this little excursion into that mire that is your thoughts. I had not heard of the Wal-Mart v. Shank case until you mentioned it. After researching the case, I find Wal-Mart completely in the wrong. It makes no sense for the insurance company to be reimbersed for doing its job. I don’t see how the law would have been on Wal-Mart’s side either. They offered a service and then were required to actually follow through with it. The only way I could see this being allowed is if there was a specific clause in the insurance policy that stated Wal-Mart, as the insurance provider, be reimbersed with any lawsuit related money that stemed from the insured event. I plan on researching more on this so do not take this as my final opinion.

Next, your concept of the Court of Public Opinion is flawed. People still shop at Wal-Mart, Wal-Mart still makes money, Wal-Mart still continues to grow. Public Opinion rarely outways Public Need. No one really wants to see the cow be slaughtered, but if the steak is cooked right, why should they complain? Face it. You can post and whine and complain and mud-sling all you want, but as long as Wal-Mart continues to provide the services it exceeds at providing, it will stay in business. That is capitalism. As long as Wal-Mart does not offend each and every one of its individual customers, I can assure you people will continue to shop there.

On the topic of Sam Walton, look back to ddrb’s post that compares me to Sam. Being new to this site, knowing mainly that this site is anti-Wal-Mart and then viewing ddrb’s comment, it is easy to see where I gathered the notion that Sam Walton does not have much love here. I came to this site to debate the law, which I believe I have done. It is depressing to say, this capacity seems to be beyond your reach. You claim to want a rational thought from me, yet you refuse to face the fact that all my thoughts are rational. I leave my emotion out of my writing. I analyze, then take sides. That is rational thought. In this case, I must take the side of Wal-Mart due to the fact that it is rationally in the right. You, on the other hand, are blind. When you think of Wal-Mart, you see red. It would not surprise me if veins bulged in your forhead as you foamed at the mouth. You lose your capacity for rational thought when you allow your emotions to dictate your actions. From the start, you are far too biased against Wal-Mart to be trusted with judgement. You continue to put your feelings first instead of arguing the case.

“I’ve warned you before, RDS, numbers are not your friend. And when they are mixed in with the written word, your comprehension is strained to the limit.”
Look back to that post. RDS’s numbers where completely fine. According to the implied timeline, RDS was correct. You, on the other hand, either lack the ability to calculate or are so biased that your selective sight led you to the cerebral flatulance that I quoted above.

I do not really like to end with negativity, though. It’s just not who I am. So, I would like to thank the two main players in this game, Ken V and ddrb. You have given me and the friend I read these posts with many a laugh. I cannot guarantee another post tonight, have good night. Sleep well! Don’t let the “Bentonville Beast” bite!

Ra: You’re welcome (for finding a bright spot and amusement in my post).Actually,I did not compare YOU to Sam Walton. I said that Ra (Sun God-not you,right?) sounded like Sam Walton. Departed but overseeing from afar,over his children.I do not genuflect at the altar of Sam Walton,but he was certainly an improvement over the management and mindset presently exhibited in the sanctum sanctorum in Bentonville. Might I suggest you read In Sam We Trust for the penultimate history of WalMart ? It is thorougly researched and a definitive work on all things Walton. Incidentally,I find a bit of folly in your posts as well. Especially the part where you state your purpose -to debate law! LOL -Tah tah,ra ,au revoir for now.

Ken V: Cerebral flatulence? I’ve heard of cerebral hemmorhage and hydroencephalitis,but I’ve never heard of “gas” on the brain!

~~~~~~~~~"With a view to concealment we will establish secret brotherhoods and political clubs. And there are professors of rhetoric who teach the art of persuading courts and assemblies; and so, partly by persuasion and partly by force, I shall make unlawful gains and not be punished.”
Plato, The Republic, Book II: Adeimantus ~~~~~~~~~

It’s just not who I am.

I don’t know who you “am” but this isn’t your first county fair. Chat? Message boarding? Other blogs?

...and the friend I read these posts with...

I haven’t heard that in years! Ahh, nostalgia.

(You might want to pick up a few HTML tags so you can ‘play’ with the big boys… :o)

Ken V: Don’t Ra’s posts have the faintest soupcon of Sage?

Sorry, but I won’t be able to post for a while. I just wanted to point out that when it comes to mental calibration, you two are hardly “big boys.” This whole time I have looked at the facts and I have refrained from immature comments (though not from sarcasm). This whole time that you have been reading accurate, detailed accounts of the legal system and shrugging it off due to your overwhelming bias rather than an openmindedness that would actually be productive for you. Instead, you jump off the topic, attempt to insult me and generally fail to display any amount of useful intellect. It seems that your view of intellegence is based off the ability to make things bold or italic or even <big>big</big> or <small>small</small> or emphasized. Ok. The last three were just playing around, but still, I expected more from a blog like this. You guys can be just as bad as blind partisans because you don’t listen to reason or logic.

Do I have to be the only one who lays out the facts and examines the law rather than pure emotion? Does every case have to go through because people feel sorry for someone? Political correctness or opinionated fanatics. I don’t know what’s worse.

The sad thing is, I looked at this and I broke it up, analyzed the facts, compared them to law, and reached a clear, logical decision and yet I’m not even old enough to vote. Oh yeah. And I don’t know what “Sage” is supposed to be. Is Sage supposed to be another blogger or something else? I’m not sure whether I’m being complimented or insulted.

It’s a shame we’re limited on those tags… Could have had quite a big of fun.

Ra:"It seems that your view of intellegence “ Hey,Ra, what view do we get of YOUR intelligence when you can’t even spell the word correctly?

...but I won’t be able to post for a while.

Awww… All your logic, rationality, and reason don’t change the fact that Wal-Mart breaks the law on a daily basis or your inability to see that the ‘letter of the law’ is meaningless when it comes to public opinion/relations.

Attempting to defend Wal-Mart on legal grounds is absurd on it’s face. You and you ‘partner’ chasing the Bentonville ambulance?

Contact the legal firm of: Ra & Rah