Dont' it just figure?

[dawnmarrie1961]

It's been over a month, almost two in fact, since I was "Let go" from my employment with Walmart as a door greeter. I've been trying to find legal representation but it seemed that, although each firm considered my case to be good, none wanted to take it and would not say "Why?"
It was quite by accident that I figured out the answer myself.None of the lawyers I contacted would divulge this information, nor are they required to.Go figure? In the state of Texas one must first file a case with the EEOC, Equal Employment Opportunity Commission. After they review the case to see if it has merit they will decide to grant permission that allows a person to file a civil suit or not. It is entirely their call. So much for giving "power to the people". I suppose this is done to limit the amount of frivolous lawsuits that actually make their way to the civil courts. I guess their are a lot of disgruntled employees out there that file suit for no good reason.
The fact is: Employers have the right to terminate an employee for any reason. The only exceptions being: Not if that reason involves a person that is considered a part of a protected classification and the reason is because of that particular classification.
The first thing I had to research was "Am I a part of a protected classification?". The answer being "Yes" and "No." Go figure?
According to the EEOC "Transgendered and Gender Identity" is covered under federal Equal Employment Opportunity Laws and Title 7 anti-discrimination statutes. However, there has never been any successful litigation in the state of Texas in regards to Title 7. Most legal firms will avoid these suits because they know it is a "No Win Scenario".
When i accepted employment at Walmart did I tell them that I was "Transgendered"? No. Being transgender should have had no relationship on my abiltiy to perform the duties of the position that I was being hired for. Absolutely none. I had been an employee of this company before, in Iowa, so such information was already readily available
to my employer had they looked for it.
I did not ask for, nor do I require, any special treatment by any potential employer. Don't need it. Don't want it. Not required. I can handle myself just fine.
I've worked for a couple of fortune 500 companies before and never had a problem.
If I was, for example, African American would I be required to state as much to my employer before they realized that to terminate me for being African American is "Not Legal"? I would hope not.
Does that fact that "I have opted not to continue my transition towards the inevitable conclusion of sexual reassignment surgery" have any merit on wither or not I am in fact a part of a protected classification or not? That remains to be seen. My opinion is that it should not.
Sounds like a slippery slope doesn't it? Most legal arguments are.
I have 180 days to file this case with the EEOC.

[Beverley Sims]

Did you go in one day as a guy and the next day as a lady, without consultation with your employer?

[karanne]

Had a friend of mine at Wal-Mart that was let go because she rather loudly and emphatically expressed her political opinions regarding the Arab/Israeli problems. She was also bipolar and could have said she was exercising freedom of speech, had diagnosed psychological problems, etc. Off duty, I, along with several other people suggested she calm down, and not argue with other staff or customers, but she didn't. If she wanted to say what she wanted off the clock, that was cool - I agreed with her on a lot of stuff (but not everything). Not while she's stocking spaghetti on aisle 7, though.

[Stephanie47]

I suspect when litigating against Wal-Mart any attorney is going to weigh the cost and time of litigation against the possible recovery. From everything I've read concerning Wal-Mart litigation, Wal-Mart will not settle suits but always litigate to a verdict. That cost money.

[Barbra P]

You don’t list any of the details of why they ended your employment. Do you know for a fact that the justification had anything to do with you being TG? Does Wal-Mart even know that you are TG? If Wal-Mart claims that they let you go because they didn’t think you were performing your duties as a Greeter properly then the fact that you happen to be TG is immaterial and would not be relevant. Even if Wal-Mart knows you are TG it is very unlikely that they would admit it and even more unlikely that they would admit that it had anything to do with your dismissal. Even if you showed up in feminine clothing I doubt that they would say that was the reason they dismissed you. It would be much more likely that they would produce customer complaints and say they had to dismiss you because of the complaints. Proving in court that an employer dismissed you for reasons other than what the employer claims were the reasons is an extremely difficult thing to do.

[Angela Campbell]

I wish you luck but do not expect much from it. Wal Mart has better lawyers than you do.

[Julogden]

What was WalMart's reason for firing you? If it was gender identity, at least try the EEOC route. It's definitely worth a try, regardless of past cases in Texas.

And in the future, you might want to consider moving to a state where you have some legal protections.

Best of luck, Dawn Marrie!
Carol :hugs:

[Tracii G]

May be an age clause to look into if you are over 50.

[Lorileah]

or Texas may be one of the states where they can fire you at will. They don't need a reason and I can promise you that Wal-mart would NEVER say it was because you are TG even if that was their reason, they won't say it.

[Jenniferathome]

May be an age clause to look into if you are over 50.

The protected class is over 40 years old.

Still, any company can fire an employee and can call it "trimming the fat" or "restructuring" or "downsizing." The obligation on the employee is proving that the firing was done for the specific reason of age, sex, race, etc. THAT is nearly impossible to prove unless the company is so stupid as to just fire everyone over 40, or every black person, for example.

Move on unless you can PROVE beyond a doubt that your firing was malicious and targeted.

[Abigail]

Speaking as a non American, I'm amazed that some states allow employers to sack people without a valid reason.

[Jenniferathome]

Speaking as a non American, I'm amazed that some states allow employers to sack people without a valid reason.

I disagree Abigail. In the private sector, working is not a right. Do well and no employer will fire you, that is just good business sense. No one should be able to keep a job just becasue they have that job. Everyone must show their value.

[Abigail]

I disagree Abigail. In the private sector, working is not a right. Do well and no employer will fire you, that is just good business sense. No one should be able to keep a job just becasue they have that job. Everyone must show their value.
This probably isn't the place to discuss this, i'm not saying a bad worker should not be dismissed, but everyone imo should should be allowed a fair process and know the reasons for dismissal.

[Chickhe]

It all depends on what you want as a result if its worth doing or not. The best thing you can do is learn exactly what's legal and not... its is amazing actually what is legal that many people think they have protection from. Talking to many people working for a corporation I was shocked that they actually believed their employer cared about them...that all changed when they started loosing their jobs. ...I've seen people slack off when were then laidoff and given huge severences and others who worked well but were forced to quit because of working conditions who got nothing. Don't under estimate what someone with great negotiation skills can do for you... companies will settle, you just have to let them believe you are being fair and that you will go the distance.

[Emma Beth]

Something I thought was interesting is that Texas is a right to work state. Now on the surface it looks like things should be fair to all, now so.

The right to work, as far as I know, only applies to Union situations where a strike is going on and Union members can cross the picket lines to work without reprisal.

IMHO, the right to work should extend to other issues even if a Union is not involved.

[Rogina B]

Don't dwell on it..get on your bike and ride to a better state and find a new job..

[linda allen]

I disagree Abigail. In the private sector, working is not a right. Do well and no employer will fire you, that is just good business sense. No one should be able to keep a job just becasue they have that job. Everyone must show their value.
Exactly. If you were hiring people would you want to be told who to hire and who to keep? A job is where the employer needs someone to do some work and the employee is paid to do that work. If the employee is not doing the work or is causing problems, the employer should not be required to keep him or her on the job.

[Julogden]

This probably isn't the place to discuss this, i'm not saying a bad worker should not be dismissed, but everyone imo should should be allowed a fair process and know the reasons for dismissal.
I couldn't agree more, Abigail. Here in America, corporate values are taking over the country. Many people put the almighty dollar ahead of everything and everyone, and are okay with being inhumane if it increases profits.

Carol

[dawnmarrie1961]

Did you go in one day as a guy and the next day as a lady, without consultation with your employer?

To answer this question: When I went in for my employment interview my son let me borrow one of his shirts, a size 3x. I didn't have any colthes of my own, other than shorts and tanktops, since I had been on the road for months traveling about the country by bike and rollerblade. I don't wear a lot of make-up. Just a little bit of eyebrow penciling and light eye shadow. I was never asked "Are you male or female?" or "Are you transgendered?" And since such should be irrelevent in my ability to perform the duties for the job I was being offered there was no reason disclose such information. I don't require, nor did I ask for, any special accomodations. I use the "gentlemen's" restroom because, in my opinion, it would be inappropriate to use the ladies room. For the first few weeks, until I recieved my first paycheck, I continued to wear the oversized shirt that my son lent me. I always strictly adhere to the dresscode of what ever employer I happen to be working for. This usually helps me avoid problems.

[dawnmarrie1961]

Don't dwell on it..get on your bike and ride to a better state and find a new job..

I've done enough "Running away" the past few years. No more!
I have a daughter who needs my help in her battle with cancer. I am where I am supposed to be.

[dawnmarrie1961]

What was WalMart's reason for firing you? If it was gender identity, at least try the EEOC route. It's definitely worth a try, regardless of past cases in Texas.

And in the future, you might want to consider moving to a state where you have some legal protections.

Best of luck, Dawn Marrie!
Carol :hugs:

According to Walmarts personel director their reason for "letting me go" was because the Black Friday, after thanksgiving, Sales event was completed. However my understanding, as to the length and term of my intial employment offer, was that it would continue until the end of the holiday season. I was told that I was "at the top of the list to be laid off". Curious. Due to the fact that on two seperate occsasions during a three mth period I was offered less visable positions in the store in order to get me off the front end. Each time I refused the offer I was met with some form of retaliation by management. ( I can not go into details about this at this time.)

[dawnmarrie1961]

Exactly. If you were hiring people would you want to be told who to hire and who to keep? A job is where the employer needs someone to do some work and the employee is paid to do that work. If the employee is not doing the work or is causing problems, the employer should not be required to keep him or her on the job.

Was I not doing my work? Was I intentionally causing problem? No. To both. On my occasions I recieved comments by the management staff on how nice it was to finally have a "pro-active" door greeter. The customers were great and so too were most of the walmart employees. That is not to say that I didn't have the occassional customer that made a rude comment. But that is "normal". As for having a problem with a fellow employee? Yes. (But I can't go into details at this time.)

[dawnmarrie1961]

It all depends on what you want as a result if its worth doing or not. The best thing you can do is learn exactly what's legal and not... its is amazing actually what is legal that many people think they have protection from. Talking to many people working for a corporation I was shocked that they actually believed their employer cared about them...that all changed when they started loosing their jobs. ...I've seen people slack off when were then laidoff and given huge severences and others who worked well but were forced to quit because of working conditions who got nothing. Don't under estimate what someone with great negotiation skills can do for you... companies will settle, you just have to let them believe you are being fair and that you will go the distance.

What do I want from all this? Most people would want money. But I'm not "most people."
Then if you don't want money then what do you want? I want to keep this kind of deplorable behavior by an employer from happening to anybody else. That's all.

[dawnmarrie1961]

Had a friend of mine at Wal-Mart that was let go because she rather loudly and emphatically expressed her political opinions regarding the Arab/Israeli problems. She was also bipolar and could have said she was exercising freedom of speech, had diagnosed psychological problems, etc. Off duty, I, along with several other people suggested she calm down, and not argue with other staff or customers, but she didn't. If she wanted to say what she wanted off the clock, that was cool - I agreed with her on a lot of stuff (but not everything). Not while she's stocking spaghetti on aisle 7, though.

I was employed to do a job. Not make a political or social statement to the world about being transgendered in the workplace. Oh sure I got a lot of customers commenting "You go, Girl!" and "You are soo brave for not being afraid to be who you are!" And yes I had people coming up and giving me hugs,handshakes and wanted to take my picture on their cellphones. But I'm used to that and never allowed such things to disrupt my work.

[dawnmarrie1961]

The protected class is over 40 years old.

Still, any company can fire an employee and can call it "trimming the fat" or "restructuring" or "downsizing." The obligation on the employee is proving that the firing was done for the specific reason of age, sex, race, etc. THAT is nearly impossible to prove unless the company is so stupid as to just fire everyone over 40, or every black person, for example.

Move on unless you can PROVE beyond a doubt that your firing was malicious and targeted.

Yup, Jennifer. This particular store was "stupid". ( I can't go into details at this time.) And "Yes" I can prove, beyond a doubt, that the reason for my being "Let go" was not the reason that the company stated at my exit interview. I don't need to prove what the real reason was. I only need to prove that it wasn't for the reason that was given. In any civil suit it is important to be able to have a prima facie case. This shifts the burden of proof.

[dawnmarrie1961]

I disagree Abigail. In the private sector, working is not a right. Do well and no employer will fire you, that is just good business sense. No one should be able to keep a job just becasue they have that job. Everyone must show their value.

Working is a privlege. Not a right. That is the way it should always be.

[dawnmarrie1961]

Let me dispell a few assumptions.
1. I am not a slacker. When I am employed to do a job I give it everything I've got, and then some.
2. I did not lie to my employer about "Who I am" or "What gender I am." I don't play games like that.
3. Did I strictly adhere to the company's dress code? Yes.
4. Did I always show up for work on time? Yes. I'm always show up 30 min's to an hour early because I walk to work and it takes about an hour to get there. I don't like being late for anything. That's just me.

[DonniDarkness]

Dawn,

It sounds like your very capable. Please dont take this the wrong way but i think your effort in worrying about Walmart could be redirected to looking for a new place of employment. Walmart and big chain stores are always firing people for no reason. Toys-R-Us laid off my wife years ago, because she had to take maternity leave...After her leave was over she showed up for work, just to have the manager tell her she didnt have a job...

They replace people at Their convenience.

Id say, chin up, let your feet hit the street and start applying everywhere. Sounds like you will do fine.

Smile,
-Donni-

[dawnmarrie1961]

Just a little add-on: As transgendered individuals "We have the right to live. To exist." Unless we allow our selves to have that right taken away from us, either through our own actions or by the actions of others. Believe me when I say that I've had people tell me that "I should just kill myself and be done with it." Because I have. But that isn't going to solve anything. That's just giving up. I won't do that!
Life is too precious.
Yes. It can be hard sometimes. It's supposed to be. If it was easy we wouldn't learn anything. We wouldn't have the ability to adapt and change inorder to overcome things. This is what makes us strong and determined individuals. It is part of who we are.

[dawnmarrie1961]

As for how my daughter is doing in her battle against cancer? She has her good days and her bad ones. We go ice skating allot. I love to see her smile. Recently she went to see her first concert. It was "Lady Ga Ga." She loved it!
Sadly she not been able to continue undergoing her chemo therapy because her health insurance as a spouse of a military veteren was taken away. So too was the prospect of getting a bone marrow transplant. She can't even get the pain medications that help her get through the day.
We are working on getting her some kind of medical help with that.
On the bright side. Since I stopped working at Walmart I've been able to spend more time looking after my grandson. He calls me "P-Pa". He can be a terror some times but I love him anyways. I'm thankful to be able to spend time with him and it takes the burden off my daughter. I'm teaching him how to ice skate too. He does pretty good. But he likes to cling to my leg allot. He's only 3 yrs old.

[dawnmarrie1961]

Dawn,

It sounds like your very capable. Please dont take this the wrong way but i think your effort in worrying about Walmart could be redirected to looking for a new place of employment. Walmart and big chain stores are always firing people for no reason. Toys-R-Us laid off my wife years ago, because she had to take maternity leave...After her leave was over she showed up for work, just to have the manager tell her she didnt have a job...

They replace people at Their convenience.

Id say, chin up, let your feet hit the street and start applying everywhere. Sounds like you will do fine.

Smile,
-Donni-

It would be nice to be able to do just that. But unfortunately I have to look after my grandson. Right now my daughter can't. She's in too much pain all the time.

[SarahLynn]

"Sadly she not been able to continue undergoing her chemo therapy because her health insurance as a spouse of a military veteren was taken away. "

This is an interesting comment. Some quick questions: Was this a preexisting condition prior to her husband leaving the military? Have you contacted the nearest VA medical clinic for assistance? How about contacting one of the service organizations for assistance? I'm talking about the DAV, VFW, American Legion, etc. All have service officers who assume the position soley to help veterans and their families get the medical assistance needed. There is good reason to believe she may get assistance from the nearest VA hospital. Do contact them. And no it doesn't matter that she is not the vet, what matters is that she is the wife of a vet.

SarahLynn

[RitaCD]

or Texas may be one of the states where they can fire you at will. They don't need a reason and I can promise you that Wal-mart would NEVER say it was because you are TG even if that was their reason, they won't say it.

What is to be gained by pursuing this. Give it up. Move on to better things.

[Angela Campbell]

Due to the fact that on two seperate occsasions during a three mth period I was offered less visable positions in the store in order to get me off the front end. Each time I refused the offer I was met with some form of retaliation by management. ( I can not go into details about this at this time.)

This is the reason most likely, but you will never prove it in court and Wal Mart has hundreds of lawyers. (better ones than you will have) That company is known for not treating the employees well. My ex used to work there for almost 7 years and never once had a weekend or holiday off without taking vacation time. If they want to move you to a different department and you refuse they often let you go. They did you a favor letting you go.

[Chickhe]

besides the legal question (sometimes you may need to do what you are passionate about, but make sure you gain something from it, either experience, money, contacts or something)... from the very few posts I've read of your history, I picture you as spending a lot of time around people who were down in the dumps. This can influence the way you act around other people who are used to having higher standards. People don't like to know about other people's problems, they just want to go to work and live in their own little happy bubble. So, what you may need to do is get out of the house and try again, but this time do a lot of listening (listening, not talking) and learning and if something is not working, don't refuse to do what your employer asks...it may be wrong, but it may be better to just document the issues and work from the inside to make changes later. I once knew someone who failed out of school because he was an alcoholic. I met him a decade later when he 'said' he was changing his life, but it was still all that he wanted to talk about. My friends shunned him because they were dealing with different issues like paying there mortgages and they could not relate to him. I don't know if he finally was successful, but if he had talked about his job and shared his passion for doing a great job, people would have respected him for his hard work. Remember, people eventually find out your life struggles and they will try help you (they are living with their own struggles too so they can't become too emotionally involved), but you have to be forward looking...and focused on getting to the next level. ...its not really about money or getting better stuff, its about becoming a better person ...do some of the things successful people are doing...read 'Steven Covey's 7 Habits or the 'Weathy Barber'...

[dawnmarrie1961]

What is to be gained by pursuing this. Give it up. Move on to better things.

When we allow an injustice to go unchallanged it takes away from us each time....bit by bit...until there are no freedoms left.

[Julogden]

Has your daughter checked out a government sponsored insurance plan for pre-existing conditions? Click here (http://www.healthcare.gov/law/features/choices/pre-existing-condition-insurance-plan/index.html) for details.

Carol

[Amanda M]

Dawnmarrie - on the medication front, it might be worth checking out these two sites

http://www.pparx.org/

http://www.freemedicineprogram.org/

Stay strong - Amanda.