Legal Question in Business Law in Ohio

Vindictive business practices

I work for Wal-Mart and have been an exceptionally good employee. They have an ''open-door policy'' that allows you to speak to a manager about any problems you have at work without fear of them discussing it with someone else or holding it against you. I used this to address some problems (not personal!) I was having with another manager. Since that time I have been treated with extreme disrespect from both the manager that I talked to and the one I had problems with. They have me to the point where I want to (but won't) quit my job. I did step down from my management position to get a little relief (which didn't help). I need to know if I have any legal recourse for them being vindictive towards me.


Asked on 10/10/03, 10:46 am

1 Answer from Attorneys

Steven Martinek Steven Martinek Lawyer Ltd.

Re: Vindictive business practices

Unless you have an employment contract, or the benefit of a collective bargaining agreement through a union, your only legal recourse would be if the matter you discussed involved provable violations of the law by first problem manager. If you followed the proper reporting protocol and are now being retaliated against for having reported violations of the law, you would have a justiciable case. It is my sense that this is not the case. I would urge you to maintain a brief but comprehensive contemporary work journal of the last several months and inot the future. I would also urge you to act toward, and speak with and about, the problem managers as though they were showing you the utmost respect. You should also immediately take steps to re-acquire your managerial position. You must factor into your consideration, your employer's natural tendency not to reprimand or replace two managers out of consideration for your perceived wrongs. You need to reinforce the strength of your position without trying to battle these miscreants.

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Answered on 10/11/03, 11:32 am


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