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I received something in the mail today that I honestly wasn't expecting.  I've mentioned in the past that I worked for Walmart, and yet again it is rearing it's ugly little head ... or maybe it's rearing a pretty little head this time, I haven't decided yet.

Apparently there is a class action suit against Walmart for uncompensated time (i.e. missed breaks, working off the clock, etc).  This isn't one of those flimsy 'If you think you should participate contact us.' ones either, I HAVE to send some sort of information back whether it be a choice to participate, exempt myself or disagree with the whole thing.  There's legal forms and everything.  Dammit.

I wasn't planning on having anything more to do with that hell hole of a work place.  I mean, how stupid and wasteful could they be?  A year or more ago they MAILED me a check for $1.11 for mis-payment of wages.  The paper, the stamp, the ink and he envelope cost more than that!  How stupid.

So now I see this coming along and I'm a little torn on what to do.  I DID miss LOTS of breaks.  I worked off the clock a couple of times in passing by somebody in need of help as I was leaving.  I guess you could say those times I got stopped and had to show a customer something during lunch was working off the clock too.  And those times I had to take numerous phone calls.  So in essence, I could be owed a little money.

From looking at the paperwork, for the amount of time I worked there, I could receive $150 if the settlement is approved.  OR, I could just exempt myself. If I understood right, filling out the form to receive the money will legally bind me and I will not be able to sue Walmart for this type of thing ever again (not that I was ever planning to to begin with).  If I exempt myself I am exempt and get no money but I can sue later if I want to (still not planning to, if I wanted to, I would have in '06 when I quit).  I'm taking all the paperwork to my mom's when we go next weekend so she and my aunt can look it over, but I thought I'd confer here as well.

So, what would YOU do?


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Comments

  • wombat said on Aug 06, 2009....
    Hey, I spent 5 long months working for the wally world, and I remember the big thing about not working off the clock.  I didn't even get it at first, until I found out that I wasn't supposed to even head back from break and tell a customer where the light bulbs were.  (I got stopped alot, and I finally learned to say, "I'm sorry, I'm off the clock.")  Even though that left a bad taste in my mouth.
     
    I have heard about lots of law suits involving walmart and some shady dealings to boot.  I never stayed long enough to really get into the morning cheer.  I know you know what I mean about that.
  • pusscat said on Aug 06, 2009....
    Hi hun.  I can honestly say, hand on my heart there are only 2 ways i would work this.

    1. If this is being taken as a no win, no fee and I did not have to attend the case as my paperwork has been completed and handed in, then yes I would complete all paperwork and let them get on with it - it may not be worth much monetory wise but these huge corporates at least have their ass kicked as they deserve. 

    2.  If the above is not the case and it was going to take up more of my time I'd honestly forget it.  I would not view it as 'they got away with it again' but more as, hey, I'm getting on with my life and that does not include Walmart.

    I read and hear all the time about companies being sued for very petty things that takes over the lives of those involved.  It does sound like Walmart took advantage and liberties way beyond any acceptable level though.  Glad you're outta there babes.
  • wombat said on Aug 06, 2009....
    Oh, you asked for advice.....hummm....it sounds strangely like the computer test you have to take to get hired.  There is no place to stop and give a qualifying answer.  (as in yes, but....)  They just deal in black and white, yes or no.  I would go with the one simplest for me.  They probably won't remember. It sounds like they are taking a survey.
  • uniquely-ironic said on Aug 06, 2009....
    you'll never get legal representation for the $150 you might receive as part of a class action suit.  Then again, if it's worth the stress of not having to possibly giving a deposition or testimony it might be worth excusing yourself from participating in it.
  • wombat said on Aug 06, 2009....
    Hey, wasn't specifically knocking walmart, or any job.  Just the policies that are confusing.  I sometimes speak before I think.  Maybe that's my problem all along....I worked in the bakery, and it confounded me--the things I got in to all over the store!  But I appreciated the job, the money, and the time spent there where I was proud of the job I did.
  • queenparanoia said on Aug 06, 2009....
    i have no idea... just blog us if anything else happens...
  • Hegemone said on Aug 06, 2009....
    Wombie - Ugh, that insufferable cheer.  God how I hated that squiggly, lol.  I didn't often feel squiggly at all.  And yeah, I was there for two and a half years and plenty of times got called here or there by managers, or I'd be walking back with my lunch and one of them would say 'Hey, since you're going that way can you show this lady/gentleman to such and such?'  It was complete crap because they'd KNOW I was off the clock and I would even tell them that I was.  Sooo happy I got away from that place.  I was only supposed to work as an ICS team member, stocking grocery, but I was ALL over that place.  I don't think there was a department I didn't work in.  Even helped stock and inventory TLE a couple times!  But yes, I hated those surveys of theirs too.  I got questioned on a few of the answers and simply explained my points ... to which the managers said 'You know, we need to submit a change in some of these I think.'  Uh ... yeah, lol.  Don't get me wrong, I appreciated it while I was there, I was glad for the money and I totally miss my co-workers, but I wouldn't go back.

    PC - Yeah, option 1 is pretty much the case and that's the way I'm thinking, but I want a couple of other eyeballs to check out the fine print with me before I dot any i's, cross any t's or sign my name.  I'm happy to be gone from that crap hole too, they were SO backwards from what they wanted people to believe.

    Uni - Well, there will be no fees for me, I won't have to hire a lawyer, I won't even have to be present.  As PC said, it's sort of just me filling out a couple forms, mailing it in and then just waiting to hear back about it.  No extra work for me beyond filling out those forms.  But then I want to be 100% about this so that's why I'm also letting a couple other people look at it who can help me out.

    Queenie - Oh I'm sure I'll be letting you guys know.
  • abbonzai said on Aug 07, 2009....
    I haven't ideas for this!
  • Hegemone said on Aug 07, 2009....
    Abb - Thanks for stopping in anyway.
  • travelr712 said on Aug 07, 2009....
    this suit isn't about a conciencious worker helping customers for the good of the store. this suit is about a practice, instituted by a bunch of walmart managers, to require that their employees work off the clock so they didn't have to pay overtime but still got the work done. it's not that all walmarts did that, but enough did that it became a law suit. did you know that a majority of walmart employees below the management level are on some form of welfare? walmart does not take care of their employees, they take advantage of them and the welfare system to be able to afford cutting prices. and they know they're doing it, but it's not illegal, so they can get away with it. and worse than that, i can't afford to shop anywhere else, so i'm helping them do it.
     
    i'd take the $150.
  • CreativeWoman said on Aug 07, 2009....
    I would take the $150 if it didn't cost me anything to get it.  I would bet that enough time has passed that you wouldn't have documented proof of the exact times you worked off the clock.  So, that would make a lawsuit on your own hard to win in my estimation.

    If it were me, I would take the money and wash my hands of it.

    CW
  • Hegemone said on Aug 07, 2009....
    Trav - Yeah, that's why I was debating so hard because I knew this was about more serious allegations than getting pulled aside on my lunch.  But yeah, for what I dealt with while I was there anyway, the $150 could help me feel a bit better about it.  :-D

    CW - Right, that's why I was thinking of doing it but want to make sure that that's the only thing that I'm legally bound against (taking my own lawsuit) since I really don't ever intend to waste my time or money on that, lol.  As it is now this is all free for me minus a little time, ink and perhaps a stamp.
  • javadewd said on Aug 10, 2009....
    Participate. It's no doubt a state-filed lawsuit that was initiated through the state's labor department. My wife just went through something similar to this and if you opt-out, it usually means you're going to file your own lawsuit. Filing your own lawsuit will paint a nice big target on your back, so if you can get anything (even one red cent) through the class-action, I'd simply participate. There is safety in numbers when you get between two behemoths like Wally World and the state.
  • Hegemone said on Aug 10, 2009....
    Java - I'm thinking the same thing.

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