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Report: #211381

Complaint Review: Walmart Supercenter - WHITEVILLE North Carolina

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  • Reported By: WHITEVILLE North Carolina
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  • Walmart Supercenter 200 Corner Drive WHITEVILLE, North Carolina U.S.A.

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OK on 2/27/06 me and 5 other men was told that we had to go to a mandatory managers meeting in wilmington N.C. On 2/28/06 cathy rice told us to car pool if we can 5 decided to ride i told them that I drive to keep from being crampup everybody agreed.

WE all left the store around 6:35am we there at 7:40. On our way back from wilmington about three miles from the store while coming to stoplight I was struck in the rear causing serious back injuries.

A employee of walmart winess the wreck she came to my car she call 911 then she call kathy rice the store mgn and rick buris the co mgn. Told them what happen they told her to quit playing. The employee said i'm not playing listen to resque squad comming to pick him up now he's hurt reel bad. After going to my doctor. And the chiropractic.

I told the nurse that I need to file Workmancomp she told me to bring a leave of absent packet from walmart. I sent my son to pick it up and drop the packet off to the nurse to be fill out.

She call kathy and told her that I was filing workmancomp. Kathy told her that she couldn't aprove workmancomp. And that she need to tell me to come in or call her. I call her and ask her why she can't approve workmancomp. She said you need to fill out the paper work. I said ok I will.

Still in pain I went down to the store fill out the paper work. she said this is the first time you told me about this wreck I said you know about this from day one. Then she sent me on a drug test. And then she sent me to walmart doctor. And walmart doctor sent me to a neurosurgeon.

Two days later I got a phone call telling me I was denied workmancomp. I need a operation they won't me to pay for. I fired my attorney which she did nothing to help me. Her name is sherry dew prince. Stay away from her she a big thief.

I work for walmart for seven hard years which that means nothing to them. I need all the help in the to fight this there's more to this case. Walmart is a very discriminating company. Thats why i'm blowing the whisle on them. I'm a manager that need a very good attorney. Thanks for listening, you have my email adress.

George
WHITEVILLE, North Carolina
U.S.A.

This report was posted on Ripoff Report on 09/16/2006 10:50 PM and is a permanent record located here: https://www.ripoffreport.com/reports/walmart-supercenter/whiteville-north-carolina-28472/walmart-supercenter-ripoff-walmart-discriminated-me-with-my-race-i-got-hurt-on-the-job-the-211381. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
23Consumer
0Employee/Owner

#23 UPDATE Employee

Can you say "liar"

AUTHOR: Denver - (U.S.A.)

POSTED: Saturday, October 07, 2006

This guy is soooo full of... in his words, DUN! He did not report to the store on time so that he could ride in a van with the rest of us. Plenty of room.

On the way back he stopped at a "friends" house instead of going straight back to the store. The rest of us were back for an hour before a call came in that he was in a accident.

This guy is just out to find a way not to work! You can see him walking just find until he see's someone from Walmart then he is bent over. He is why all of our insurance is high. He's the King of Rip off!

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#22 Consumer Comment

In reference to "straight salary" ...

AUTHOR: Peter - (U.S.A.)

POSTED: Friday, September 22, 2006

Many companies who pay a "straight salary" DO require their employees to use time clocks. This is not to calculate their pay, but rather to ensure that people are arriving on time and staying throughout their entire shift. This is basically a monitoring tactic to make sure that people aren't showing up late, taking a 2 hour lunch, and then sneaking out the door before their shift is over ... yet collecting a full day of pay.

Also, many government jobs require the use of time clocks, again not to calculate pay, but because the federal government mandates proof of minimum hours worked in order to justify one's pay.

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#21 Consumer Comment

Straight Salary?

AUTHOR: Steve - (U.S.A.)

POSTED: Friday, September 22, 2006

George,

Please clarify something. You said you were on straight salary, but then you reference being "on the clock", and "being paid for travel time", etc.

If you are truly on salary, there is no timeclock. You get the same paycheck every week.

If you were on salary, it is understood that you get paid for your travel time, as it is part of your salary already.

If you are on salary, you do not punch a timeclock.

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#20 Consumer Comment

Confused?

AUTHOR: Kendel - (U.S.A.)

POSTED: Thursday, September 21, 2006

George,

I'm confused. You said in your original post you stated you left Walmart around 7:40 am. Years ago, I worked for Walmart for a short period and we had to clock out for breaks, lunch and when our shift was over. The only way you would have been "on the clock" would be if you didn't properly clock out upon your departure, which I'm certain is against company policy and grounds for termination.

Furthermore, unless you were injured in the store during your shift or running an errand on behalf of the store during your work day, you would not be entitled to workman's compensation and would need to pursue the automobile insurance of the person who hit you.

Your barking up the wrong tree and that would explain your workman's compensation denial.

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#19 Consumer Suggestion

Still not getting the race point.

AUTHOR: M (FlyingScooter) - (U.S.A.)

POSTED: Wednesday, September 20, 2006

Okay, you had an interesting start with Walmart. A MGR told you to flush his dun (bodily waste).
He rode your back, you complained to higher-ups which must've done something considering you worked there for seven years after that.

Sounds like if they wanted you gone, race reason or not, they would not have kept you for seven years.

So what you are saying is: If you were not race you are, they'd cover the accident and your workmans comp. Why didn't you fill out the paperwork yourself?

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#18 Consumer Comment

Racial discrimination ...

AUTHOR: Peter - (U.S.A.)

POSTED: Wednesday, September 20, 2006

So, what IS your race? And the race(s) of the others involved? It is kind of hard to cry the race card (and have us believe it) when you don't even identify the races of which you are speaking.

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#17 Author of original report

race playes a big part in this

AUTHOR: George A - (U.S.A.)

POSTED: Tuesday, September 19, 2006

First u have to work in this store to see what i'm talking about. There are so many things going on u wouldn't believe. i can only tell what happen to me.

when i first started working here as a cartpusher. i was told by a manager to flush his dun. when his just came from out of the stall. i told him to flush your on dun. he thought that was funny i didn't.

i reported him to the store manerger. she had a close door meeting with him . no apology ask. then he started riding my back. until i went to the district manerger. thats just one problem i had.

there is more that i can't talk about at this time. I work to hard for this compony to be treated like this. please under stand that i'm just doing what i got to do. thank you for your support.

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#16 Author of original report

straight salary

AUTHOR: George A - (U.S.A.)

POSTED: Tuesday, September 19, 2006

i was on the clock and was told to come back to work to finish a my shift . 7to7. and would be paid for travel time.

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#15 Consumer Comment

How does your race play a role in this fiasco?

AUTHOR: Peter - (U.S.A.)

POSTED: Tuesday, September 19, 2006

I am just wondering, how does your race play a role here? You don't even mention what your race is. Are you black? And is everyone else at Walmart white? Or is it the other way around?

It seems these days, whenever I go into any Walmart anywhere, the store is almost completely staffed with black and other ethnic minorities. So, I am really confused as to how you were racially discriminated against.

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#14 Consumer Suggestion

Some explanation of some terms used here..AND..

AUTHOR: Steve - (U.S.A.)

POSTED: Tuesday, September 19, 2006

George,

If you were on the clock and/or under direction of your employer, or performing paid services ,
you are covered by workmans compensation.

If they refused to open a workman's compensation claim, you should have gone to the hospital and opened it yourself.

The auto insurance of the other person is secondary to your personal injury claim.

Carol,

You are confusing "right to work and "at will employment". Right to work laws simply mean that you do not have to join a union or pay dues in order to work, and that you are protected the same as the person paying dues, even if you choose not to under any union contract that is in place where you work. That is all that right to work means. It has nothing to do with the "at will" staus of employees in NV, and other states.

"Right to Work" is anti union legislation that is usually paid for and promoted by big business. It is a way of killing unions and keeping wages low.

You see, in some states [not many] if there is a union in place you can be forced to join and even pay an ititiation fee prior to working. But when you do work it will be at a good union wage and benefits, not the chump change George was making at WalMart.

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#13 Consumer Suggestion

Same thing kinda happened to me..

AUTHOR: Danielle - (U.S.A.)

POSTED: Tuesday, September 19, 2006

Kinda strange but I was hurt on the job a few years back and was already off work due to my injuries. While driving to the work comp doctors appointment I was rear ended while pulling into the doctors office parking lot. So then I had to argue with the work comp people about my new injuries. What they ended up doing was work comp picked up the bills for the new injuries and missed work and then had to go after the person who rearended me and made them pay them back. I don't know if they ever got the money from the girl who hit me but work comp did have to pay for my car wreck injuries even though I was not on a "clock" but I was driving to a work comp related appointment. I would try to findme a new lawyer...just a lot of them out there dont like dealing with walmart it seems. Good luck

Danielle

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#12 Consumer Suggestion

Driving to training / meetings

AUTHOR: Patty - (U.S.A.)

POSTED: Tuesday, September 19, 2006

I work for the Dept of Defense...your case all boils down to this....Were you "on the clock" for your travel time or only for your meeting time. As a government employee, if we leave home and report to a meeting, our "clock" starts when we arrive at the meeting. If we are at work and have to drive to the meeting, our travel time is covered. If we leave the meeting and go home, travel time is on us. If we leave the meeting and go back to work, travel time is on them. It sounds like they consider your travel time to be "off the clock". If that is so, they are NOT responsible for workman's comp. You need to go after every insurance company involved.

Good luck.

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#11 Consumer Suggestion

Driving to training / meetings

AUTHOR: Patty - (U.S.A.)

POSTED: Tuesday, September 19, 2006

I work for the Dept of Defense...your case all boils down to this....Were you "on the clock" for your travel time or only for your meeting time. As a government employee, if we leave home and report to a meeting, our "clock" starts when we arrive at the meeting. If we are at work and have to drive to the meeting, our travel time is covered. If we leave the meeting and go home, travel time is on us. If we leave the meeting and go back to work, travel time is on them. It sounds like they consider your travel time to be "off the clock". If that is so, they are NOT responsible for workman's comp. You need to go after every insurance company involved.

Good luck.

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#10 Consumer Suggestion

Driving to training / meetings

AUTHOR: Patty - (U.S.A.)

POSTED: Tuesday, September 19, 2006

I work for the Dept of Defense...your case all boils down to this....Were you "on the clock" for your travel time or only for your meeting time. As a government employee, if we leave home and report to a meeting, our "clock" starts when we arrive at the meeting. If we are at work and have to drive to the meeting, our travel time is covered. If we leave the meeting and go home, travel time is on us. If we leave the meeting and go back to work, travel time is on them. It sounds like they consider your travel time to be "off the clock". If that is so, they are NOT responsible for workman's comp. You need to go after every insurance company involved.

Good luck.

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#9 Consumer Comment

Flying Scooter is Correct

AUTHOR: Jennifer - (U.S.A.)

POSTED: Tuesday, September 19, 2006

This is all going to boil down as to whether you were considered "on the clock" for the time it took you to travel to the meeting or not. When they told you you had to attend the meeting did they indicate that they would pay you from the time you left for the meeting, 6:30AM or from the time the meeting was due to start.

Were you the only one hurt in the accident? What are the other 4 people doing?

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#8 Consumer Suggestion

Were you on the clock?

AUTHOR: M (FlyingScooter) - (U.S.A.)

POSTED: Tuesday, September 19, 2006

If you were on the clock at the time of the accident, you may have a case. If not, it's up to the Insurance companies.

All the companies i've worked for had no problem with us going to pick up lunch and food. The one thing we had to do was clock out first. They made us do this because the companies did not want to be responsible if we got into an accident.

I don't see how race comes into this? Are you suggesting that they will not allow your workmans comp claim due to your race?

Check the insurance limits and coverages of the person deriving the car and the car that hit you.
Um/UIM will help if the other driver had no insurance and the car you were in was covered for that.

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#7 Consumer Comment

They would rather have low-IQ idiots running their stores if it means being able to pay more minimum-wage - - In response to Steven

AUTHOR: Peter - (U.S.A.)

POSTED: Tuesday, September 19, 2006

I agree with your post wholeheartedly. In fact, I had the same thoughts when reading the original post, although I did not mention it at the time. Is Walmart really so hard-up for saving a buck on wages that they are now hiring people (managers nonetheless) who cannot read, write, or speak coherently? They would rather have low-IQ idiots running their stores if it means being able to pay more minimum-wage salaries. They don't care about the impression such individuals make on their customers, or about their lack of ability to act in a managerial capacity within the store.

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#6 Consumer Suggestion

What Can Be Done

AUTHOR: Carol Ann - (U.S.A.)

POSTED: Monday, September 18, 2006

If memory serve me correctly, your state is a Right To Work State, much like Nevada. Translated it means Right to Fire, so you are on your own...Most employers take advantage of employees in the same manner from these states..See Monte Carlo Report on Rip off report. In this day and time discrimination is on the rise because of the shortage of jobs. Once again it's the race card, wen they know full well it's economics and everybody stands to loose.

May I suggest that you contact EEOC, NAACP, National Organization of Women or a fraternity/sorority that can refer you to one of their attorneys or file a complaint and find an out of state attorney that has no affiliation with the company you are dealing with, in this case WalMart! Keep posting on the Ripoff Report, lots of hungry attorneys often come to this site to find people just like you...Good luck!

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#5 Consumer Suggestion

Sign of the times...

AUTHOR: Stephen - (U.S.A.)

POSTED: Monday, September 18, 2006

I have got to tell you...you lost on all points with me when I read your appalling plea that was devoid of proper grammar, spelling and a somewhat incoherent scenario. Certainly no one should be denied compensation based on race...but where were the salient points on this matter? Walmart, along with many other employers, really should know if their management personnel are able to read and write. If you REALLY are/were mgmt at the nations largest retailer...what a sad comment on todays basic education levels.

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#4 Author of original report

not my falt either

AUTHOR: George A - (U.S.A.)

POSTED: Monday, September 18, 2006

first of all i was on walmart time they sent me. second of all my manager lied . thats what maid me mad. you don't use your insurance to pay for someelse faught. let me file this on yours. she don't have enough ins. to cover the cost .i was told to drive my car while i was clock in.p.s i work for what i got. that means working for walmart and not getting paid.

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#3 Consumer Suggestion

Actually, you may be wrong, Pony...George you may be right...

AUTHOR: Elaine - (U.S.A.)

POSTED: Monday, September 18, 2006

IF these Walmart people were hourly employees being paid for the time it took to drive to the "Mandatory Meeting" or if they were salaried (exempt for FLSA purposes) and considered "on the clock" during this drive time, they would be entitled to workers compensation picking up their medical expenses and lost wages. On the other hand, if you were NOT on the clock and wouldn't be until you got to the meeting place, you may not be entitled to workers comp. A quick check, if this is the case: What is your mileage from your home to work? What was the mileage from your place of work to where you had the crash? If it exceeds the first mileage, you may be covered. You'll need to check, in that case.

However, in most cases, it would take a lot of paperwork and time to get the case accepted and ready for approval for your surgery. Your health is more important than filing paperwork at this point, so if you have auto and/or health insurance, or the guy who hit you had insurance, have the insurance companies pay for your surgery/medical expenses, advise the insurance company(s) that this is a workers comp issue, and they will pay first, then collect from the workers comp.

It sounds like you will need to fight for your right to workers comp, George, IF you're entitled to it.

Be well, good luck and keep us informed of how it goes.

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#2 Consumer Comment

I concur

AUTHOR: Peter - (U.S.A.)

POSTED: Monday, September 18, 2006

Wouldn't your personal automobile and medical insurance be sufficient to pay for your injuries that you endured while driving your personal automobile after official Walmart business on your personal time? Why go after Walmart unless you are after something else?

If I am in a car accident on my way to or from work (aka, on my own personal time), would I go after my employer to pay for it? Of course not - they have nothing to do with the situation! The same applies in your case.

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#1 Consumer Suggestion

Insurance?

AUTHOR: Anthony - (U.S.A.)

POSTED: Monday, September 18, 2006

George,
Did the driver that hit you have insurance? Did you have Unisured Motorist Insurance?

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