Walmart Fires Couple In Alleged Retaliation For Wife’s Sexual Harassment Complaint

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Walmart allegedly terminated a couple from their Monticello NY store after the wife and numerous other employees filed age discrimination and sexual harassment suits against the store. Despite repeated warnings to Walmart's lawyers by Cory Rosenbaum, attorney for the victims, Walmart management allegedly continued to harass and ultimately fired the couple.

On February 16, 2010, Rodney Mack, a long-time Walmart employee with more than eight years of service, and his wife, Melissa Jackson, another long-time employee, were called into the manager’s office at the Monticello Walmart and both were terminated. Rodney and Melissa, parents of six young children, have been employed by Walmart as overnight shift workers for nearly fifteen years jointly.

Rodney Mack immediately notified his wife’s attorney, Cory Rosenbaum, of Rosenbaum Faria, LLP, about the firing. “It’s terrible,” he told Mr. Rosenbaum. “They couldn’t get to us, so they started probing our attendance. First they say 17 absences, then it’s 9 adjustments, and finally it was three. Walmart is the biggest employer in the area. What are we supposed to do now?”

The termination was allegedly based on unreasonable absences and time management, although both Rodney and Melissa have advised Mr. Rosenbaum on numerous occasions that the absences showing on the computer and claimed by management aren’t accurate. The couple had allegedly been advised that management would look into the discrepancies. The ongoing alleged harassment reported by both Rodney and Melissa coincides with Melissa’s complaints of sexual harassment and the filing of lawsuits by Rosenbaum on behalf of numerous victims of sexual harassment and age discrimination at the Monticello store. (See case references below.)

“We’ve cautioned Walmart’s counsel on numerous occasions to advise their client to stop harassing the victims,” said Cory Rosenbaum. “Despite the warnings, the apparent harassment of Melissa and Rodney continued and the end result has been them both being fired yesterday.” Rosenbaum Faria, LLP, on behalf of both their age discrimination and sexual harassment clients in suits against Walmart had sent letters to Walmart's counsel, Fox Rothschild, LLP, on December 8, 2009; January 18, 2010; and again on January 28, 2010, requesting they advise Walmart management to cease and desist harassment of their clients.

The lawsuits, filed in the US District Court for the Southern District of New York, are based on age discrimination for multiple victims and a separate complaint on behalf of several victims of sexual harassment and hostile work environment. The complaints were served on Walmart following notification to Walmart by the EEOC of the complaints from the numerous victims.

“Walmart appears to have singled out Rodney and Melissa for termination and those managers are well-aware the couple has a half dozen small children to provide for and there are no jobs up there,” said Rosenbaum. “We intend to pursue Walmart vigorously on this alleged wrongful termination. They’re not going to just walk away from this.”

Rosenbaum Faria, LLP - 11 Penn Plaza, Fifth Floor, New York NY 10001 - (212) 732-7922

USDC SDNY 10-CV-01116-KMK; Crowell v Walmart (age discrimination)
USDC SDNY 10-CV-00499; Jackson v Walmart (sexual harassment/hostile work environment)


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