Answered on Sep 29, 2015
I would say you best case is the WC case. There may also be FMLA or EEOC issues. One of the difficulties I see with Walmart WC cases is that your average weekly wage is artificially depressed. It makes the case a little more difficult to get to a fair result. Walmart tries to push people out the door like this but there is some case law on working with people in making their FMLA claim. Consult with someone, it is generally free in the WC context, so nothing to lose and really no other way to reliably make the right choices. Good luck.