STARKVILLE — An Oktibbeha County man is suing Walmart in federal court after he alleges it fired him for missing work due to National Guard training.

The suit was filed Feb. 19 by Abdias Simpore, 24, in the Northern District of Mississippi. He is represented by Flowood-based attorney Louis Watson Jr. of Watson and Norris PLLC.

Simpore is asking for back wages and reinstatement; damages; attorney’s fees; lost benefits; and pre- and post-judgment interest, costs and expenses.

According to the complaint, which is only one side of a legal argument, Simpore was hired in May 2019 to work part-time as a tire lube technician at Walmart. Later that year he decided to join the Army National Guard.

The Guard requires Simpore to attend drill exercises for two weeks every summer, as well as monthly drills lasting two to three days, Watson wrote.

Around late September or early October of 2022, Simpore submitted the number of days he would be attending drill to a Walmart website, Watson wrote. Previously his drill days had been approved, but this time they were not.

On Oct. 23 Simpore received an updated memorandum listing his tentative drill days, and since he had not been approved for time off via the website, he went to the automotive department manager.

Around Nov. 6, 2022, the manager told Simpore to take a picture of the drill schedule memorandum and text it to him and to report the drill dates to the Walmart employee call-in line, Watson wrote.

“This was with the understanding that initially (Simpore) would be pointed for the absences, but (the manager) would go back later and remove the points,” Watson wrote.

Walmart uses a point system in which employees accrue points for issues such as absenteeism and tardiness. When an employee hits five points, they are terminated.

Simpore attended drill duty from Dec. 3-4, 2022, Watson wrote. Simpore again attended drill Feb. 24-26, 2023, and this time, missed some calls and text messages from the store’s assistant manager.

“(Simpore) reminded him that he had been at his National Guard drill exercises,” Watson wrote. “(The assistant manager) was clearly irritated at (Simpore) for not answering his calls and returning his texts.”

In March Simpore again called in regarding upcoming drill dates, Watson wrote. Later that same day, he was terminated for having too many points.

“(Simpore) noted, however, that the list included an occurrence for an allegedly unexcused absence on Dec. 4, 2022,” Watson wrote.

The automotive department manager had promised to square that absence but failed to do so, Watson wrote.

Simpore filed a claim with the U.S. Department of Justice against Walmart, alleging it violated his rights under the Uniformed Services Employment and Reemployment Rights Act.

During the investigation Walmart at first conceded the Dec. 4 absence should have been excused and offered to reinstate Simpore, but then later alleged that he had clocked in five minutes late on March 9, 2023.

Walmart argued the points accrued from that tardy clock-in raised his point total over five, justifying his firing. The company withdrew its offer of reinstatement and upheld the firing.

Simpore, for his part, contends he put in protected time off to cover the five minutes he was late.

“According to Walmart’s protected personal leave time an employee has the option to use (paid time off) to take unplanned absences (or in this case be five minutes late to work) and avoid obtaining points … to his attendance record,” Watson wrote.

Simpore alleges Walmart violated his rights by firing him, because the USERRA “provides that a person who is a member of a uniform service shall not be denied retention in employment on the basis that membership … performance of service … or obligation.”

Brian Jones is the local government reporter for Columbus and Lowndes County.