Workers Claim Walmart Assigns Them to Shifts Without Notice to Fire them After Medical Leave

July 15, 2022
Hall Benefits Law, LLC

A former Walmart employee has filed suit in a Michigan federal district court claiming class-wide violations of the Family and Medical Leave Act (FMLA) and individual violations of the Americans with Disabilities Act (ADA). The employee claims that Walmart fired her and over one hundred other workers by scheduling them for shifts at the end of their medical leave but not informing them about the shifts, then using the missed shifts as a pretext to fire them. Moorhead alleges that Walmart had a pattern and practice of retaliating against employees on medical leave in this matter to terminate them. The case is Moorhead v. Walmart Inc., case number 4:22-cv-10916, U.S. District Court for the Eastern District of Michigan. 

Rhonda Moorhead, the former employee who filed suit, began working at a Michigan Walmart store in 2015. Walmart accommodated her disability for six years, and she performed well at her job. Shortly after, a new supervisor arrived and began talking about her medical work restrictions in front of customers, admonishing her for carrying her medical brace, and advising that her doctor’s note about her work restrictions was no longer valid. 

In response, Moorhead obtained a new doctor’s note about her work restrictions and reapplied for new accommodations for her disability. Walmart denied her request for accommodations, informed her that she was no longer qualified to perform her job, and assigned her to another role. Moorhead asked to apply to other available positions, but Walmart denied her request and placed her on a 90-day unpaid leave.

At the end of the 90-day leave, Moorhead looked at the Walmart scheduling system and found that she was scheduled to work the following day, although no one had notified her of the work schedule. She contacted Walmart, who advised her that the scheduled shift was a mistake and that they would resolve the issue. She then called to double-check when her name remained on the schedule and reported her absence in the scheduling system. After that, Walmart restricted her access to the scheduling system, did not contact her about her job again, and fired her the following month.

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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