http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/07/10/MNGHADLKRV1.DTL&type=printableWashington -- Wal-Mart Stores Inc., trying to fend off lawsuits claiming it illegally fired corporate whistle-blowers, has hired the former chief lawyer for the Department of Labor, Eugene Scalia, and has begun to fire back at its accusers.
Three former employees claim they were fired for reporting misdeeds within the company, including relying on Latin American suppliers who forced women to take pregnancy tests and using staff members at a Texas optical laboratory to do car repairs for supervisors.
Wal-Mart denies it retaliated against the employees, but the allegations challenge a pillar of the company's corporate culture -- a guarantee that its 1.2 million U.S. employees can complain about any supervisor without fear of retribution. That promise, known as the "open door policy," could be seriously undermined if the employees win their cases, lawyers said.
The company said all three -- Jared Bowen, a former Wal-Mart vice president; James Lynn, a mid-level manager at Wal-Mart who oversaw inspections of Wal-Mart suppliers in Central and Latin America; and Rickey Armstrong, a quality control auditor at Wal-Mart's optical laboratory in Dallas -- were fired for misconduct, not for sniffing out wrongdoing. Lawyers for the employees say the retailer is taking a hardball approach -- disclosing potentially damaging allegations about the workers' conduct early in the legal process.
It has accused Lynn of fraternizing with a female subordinate, Armstrong of failing to disclose a felony conviction on his job application, and Bowen of doctoring a college transcript on a job application.
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"Only in Wal-Mart's America can they think it's right to hire Eugene Scalia to defend them against the same whistle-blower law he was supposed to help enforce at the Department of Labor," said Chris Kofinis, a spokesman for Wake Up Wal-Mart. The group is closely linked to the United Food and Commercial Workers International Union, which has tried to organize Wal-Mart's nonunion labor force.
Scalia defended his role, saying, "I don't see anything unusual in a company seeking out the expertise of somebody who became familiar with the requirements of a new law, while serving as a federal law enforcement official. "
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