So I joined up with the National Guard in November and since then my after school job was being suspicious. I quit about 3 weeks ago. I have been working for a pretty big grocery store chain called Harris Teeter since June of last year. I worked hard always if they needed extra help, or someone needed a shift switch I would be there. I thought myself to be one of their better baggers because I gave a damn. For example others would take 5 minutes to clean the bathrooms, I would spend an hour making sure every surface was clean. Since November I only worked 3 days, and had to miss another one as they mistakenly scehduled me on one of my National Guard drill days. That is down from both weekend days every week, since school had started. Every week since November I would ask about why I was not getting any work. The manager on duty would always avoid the question. Till about 5 weeks ago I pinned one down and after working up to it I said, "I feel I think I maybe am being discriminated against because I have joined the National Guard and I may have to contact my JAG attorney". The next day I get a call from the customer service manager that there had been a "miscommunicaion". That was bullshit in my mind but I agreed to come in the next day. She made up some excuses that anyone could see were bullshit. Even blaming me for my lack of hours. They gave me 3 hours on that coming up Saturday which means I would make after taxes about $20. Barely worth the gas it takes me to get there. So here we are 3 weeks ago I walk into the Store Manager's office and say I am quitting (I make up a bullshit line because I do not want them to know I am quitting because I am fed up with them). I ask how much notice I need to give. She saids none, she goes on to say that I was already technically fired because I missed that one day when I was at drill. So that messed up their computers and since I was given no work for 3 weeks the computers had fired me. Firing someone for being in the Guard, or because they are serving is very illegal in the US. I feel I should sue Harris Teeter for this and ask for lost wages for those weekends I would have worked. I feel like I should call up the media, as this has national news potential. A soldier being discriminated against by Harris Teeter makes a nice headline. I am looking for advice here. Should I drop this or not? The managers thought I was just some teenager they could neglect and force to quit. Or at least that is what I belive they, or at least some wanted. Drill- One weekend out of every month National Guard troops go to their Armoury and do PT and preform their various military jobs
I wish I knew more about legal studies as this is very interesting and I would assume (don't quote me) make a pretty good case.
I would guess 500-600. But really I just don't want this happening to others, and show this major corporation that they can not just push people out like this. I also kinda want to know what I can sue them for. Also yes the legal advice from pedro was great
If justice is what you seek, it sounds like you have a good case. I look forward to hearing about this on T.V.
Yep found a department of labor portion on it, as well as another article on it. I'll read it when I have the time.
Sounds like you'd have some trouble proving that they fired you specifically for being in the National Guard. Couldn't they just say you weren't required on those days for other reasons?
i would say it depends on wether or not both parties were informed. If you made them know you were not available on drill days, then it is the fault of the company. If you failed to inform them then it is your fault and you have no case.
I informed them, I entered it in the computer for time off. Also I will be talking to a retired lawyer at my school who I am very good friends with. Along with depending on what he saids I will talk with another friend of mine downtown who is a founder in a law firm. So I will see what they say and update ya'll.
We should totally have a legal help section of the forums. In regard to your dilemma, I's have to say go with whatever Pedro told you to do.
