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    freedom's Avatar
    freedom Posts: 10, Reputation: 1
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    #1

    Jan 29, 2006, 07:21 AM
    Fired
    I was fired by mail after being placed on suspension ( a disciplinary act that is not sanctioned by union contract) and after filing a harrassment complaint during a FMLA leave. I have no income now, therefore no money to pay a lawyer.
    Got any suggestions on any of the above.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 29, 2006, 08:18 AM
    Quote Originally Posted by freedom
    I was fired by mail after being placed on suspension ( a disciplinary act that is not sanctioned by union contract) and after filing a harrassment complaint during a FMLA leave. I have no income now, therefore no money to pay a lawyer.
    Got any suggestions on any of the above.

    OK, in the one post you stated you were in lower management, normally at least here in the US, you can't be part of the union if you are in management, so please explain your position better, are you management or are you union.

    If you are union you can file a grievence with the UNION and they will fight for you if it is proven you have a valid claim.

    It is also not uncommom to be fired if you complain and complain, if the complaint is not about some protected issue they can do that.
    And if they can find some other reason to fire you ( and believe me big companies have people who do nothing but find reasons to fire people)

    When I worked for a large Tech University in GA we got a new department head, it was amazing that the first three people she fired was the two people who had a law suit againt the department and the one person who was a witness for them. Of course that was not the reason, they said, they had some minor issues they found for violations to fire for.
    All done legallly.

    So why were you fired, what was the reason given.

    A lot more detail info is needed.
    freedom's Avatar
    freedom Posts: 10, Reputation: 1
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    #3

    Jan 29, 2006, 08:58 AM
    The lower managers have the dubious distinction of being in the union as they are hrly vs salary and considered as a supervisory unit under the contract while holding the title as manager.
    There was no reason given for termination
    The letter only stated that it was retroactive to the suspension for which there was no reason given and was given verbally.
    The union has filed a myriad of paperwork with a variety of agencies since the employer is non communicative on most matters concerning union matters
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #4

    Jan 29, 2006, 09:31 AM
    Don't know where you are but unemployment may be due,have you checked at the local unemployment office?:cool:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jan 29, 2006, 09:45 AM
    Quote Originally Posted by talaniman
    Don't know where you are but unemployment may be due,have you checked at the local unemployment office?:cool:

    Yes if you were fired you and it was not because of wrong doing you can apply and receive unemployment benifents.

    If your employer challenges the unemployment they will hold a hearing, often by telephone where your employer has to show cause that you were not terminated for wrong doing. Of course if they do not challenge you geeting paid unemployment they do not have to show why you were terminated.

    They have to follow the requirements of the union contact or the union can ( if they are strong enough and brave enough, many today have little strengh) file in court for you to be paid for all your time and also be given your job back.

    And also until you get this solved, you may have to find and get another job.

    Plus of course since you were on FLMA leave there is no pay during this time anyway, unless your union has such an agreement in their contract.
    rbcford's Avatar
    rbcford Posts: 4, Reputation: 1
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    #6

    Jan 29, 2006, 09:49 AM
    You need to contact your union immediately- they will help you, that's what they're there for.

    They will probably tell you to sue you're employer, and they may provide a lawyer or help you pay for one. Since you filed a harassment claim before you were fired, it looks like the company fired you out of retribution, which is illegal.

    Once you file suit, don't let them offer you your job back- it will be a hostile work environment, and they will just figure out a way to fire you legally. Be firm- they will pay- probably without even going to court.
    freedom's Avatar
    freedom Posts: 10, Reputation: 1
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    #7

    Jan 29, 2006, 10:12 AM
    Quote Originally Posted by talaniman
    Don't know where you are but unemployment may be due,have you checked at the local unemployment office?:cool:
    I'm in the process.
    Don't know if they will challenge or not. NJ
    freedom's Avatar
    freedom Posts: 10, Reputation: 1
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    #8

    Jan 29, 2006, 10:22 AM
    They are struggling with participation within our specific local. This employer has even altered the conract after negotiation and then appealed a binding arbitration agreement.
    I need a miracle of Divine intervention !
    Thanks for your interest and concern.
    Know of any job opportunities
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #9

    Jan 29, 2006, 11:02 AM
    Careerbuider.com

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