Expert: Timmy Chou - 9/2/2008

Question
My name is Eleanora Marcotte.  I would like to know if I have a case against Wal-Mart. I work part-time for Wal-Mart now for a year, as an overnight cashier from the hours of 9pm - 2am and  later 9pm - 7am.  For the first 8 months I was not paid an overnight differential.  When I asked them about this they claimed that according to what I was originally coded, I was a day-time cashier and they don't owe me an overnight differential.  I never worked daytime hours because I have a full-time day job.  Do I have a case against them?

Answer
Thank you for your question!

As I always mention to questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

I am not a lawyer and cannot mediate this with you alone but I can respond to your question from my business consulting experience.

Note that this issue may have legal considerations and you may wish to consult a labor attorney.

It may be useful for you to consider that right and wrong are not always the most useful places to begin in dealing with these sorts of problems. Organizations simply work in their own interests and often people and principle are sacrificed in the interests of expediency.  Its not personal.  Right or wrong, there is a cost to exacting justice and the costs can be quite high.  Remember that your person-hood and your work are not even remotely related.

Your leverage in this matter will likely turn on the particular laws in the state you live in.  You should have some equivalent of the US Dept of Labor in your state such as a State Labor Commission or other office.  Typically you would contact this office and file a claim with them and they would mediate and, if necessary, hold an administrative hearing and provide a ruling.  

It certainly appears that regardless of how you are "designated" in their HR system, the facts are that you worked a different status position than the one you have been assigned internally -- and you should therefore be paid according to the facts and not according to some HR or accounting error.  

I would think there would be an avenue to challenge the ruling.

Be sure to review any HR policies and procedures concerning thr review process and note where you have leverage and make sure the procedure is followed exactly.  Be sure to make detailed notes concerning your meetings from here on out.

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no 0 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered
before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Less costly than litigation
    Preserves business relationships
    85 of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more harm
    usually more expensive than mediation and arbitration
    part of the public record