Former Wal-Mart employee’s lawsuit removed to federal court

A lawsuit filed by a former Wal-Mart employee terminated for allegedly stealing cakes was removed to federal court on Nov. 8.

Wal-Mart filed the notice of removal on Nov. 7 through attorneys Christopher D. Baucom and Sheena R. Hamilton of Armstrong Teasdale LLP in St. Louis.

The defendant claimed removal is proper due to complete diversity, stating that King is a citizen of Illinois and Wal-Mart is a citizen of Delaware and Arkansas.

It also sought to remove the case to district court because the amount in controversy exceeds $75,000, satisfying requirements for removal.

According to the complaint filed on Sept. 10, plaintiff Diana King claims she was working for defendant Wal-Mart on Aug. 15 when she was blamed for stealing a cake for her grandson and a second cake for a family friend on two separate occasions.

However, King argues that she purchased the cakes and offered to bring in receipts to prove that the cakes had been paid for, the complaint states. But Wal-Mart still terminated her for theft, the suit claims.

King claims she had a rocky history with the store prior to her termination, alleging she sustained a severe back injury when she slipped and fell on a wet, freshly mopped floor in the bakery department in September 2011 and applied for workers’ compensation.

“The discharge of the plaintiff Diana King from her employment by defendant Walmart Stores was causally related to plaintiff Diana King’s workers’ compensation claim against defendant Walmart Stores,” the complaint states. “Defendant Walmart Stores fired plaintiff in retaliation for pursuit of her workers’ compensation claim.”

King sought a judgment of more than $100,000.

John H. Leskera of the Leskera Law Firm in Collinsville represents the plaintiff.

Madison County Circuit Court case number 13-L-1531