Marie94578
Junior Member
What is the name of your state?Calif.
Let me start by stating this is a complex situation. On 1-7-03 I was termed after 13 years of service. The company tried to use several reasons for termination, all of them where made up. It all boils down to the fact that the NEW district mgr. just didn't like me. Anyway, as I stated they tried to say that I stole money, that I stole company time, then when that didn't work they said I willingly violated company policy, all of these alligations were brought up months after termination, In fact, I was never given a letter of with an explaination as to why I had actually been terminated, which is required by our union contract and when I filed for unemployment the company never responded to EDD with a reason for termination.
I was working six days a week open to close, no lunch or breaks which averaged about 75 hours. In the past nine years I think I took off sick 3 or 4 times and rarely did I ask for extra time off. I was a very dedicated employee, I loved my job and the customers were like family.
It took over two years to finally get to arbitration, according to my union contract this should only have taken about 45 days. I blame both the union and the company for dragging their feet. My rights to have this expidited were waved without my consent . I had asked the union if my attorney would be able to ask for punitive damages should I win my job back the reply was no only re-employment and back pay, but that I could file a civil case after the union was finished. I tried to seek council outside the union but was told no one would touch my case until the union was finished .
Anyway, On February 16 2005, I receive the decision from the arbitrator, He had found that I should have never been terminated everything that I had been accused of was a not true. I was to return to my same location, position and rate of pay, no loss of benefits. Everything was suppose to be as if I never left and I was granted 100 percent of my back pay with
interest. I was on top of the world when I heard this, so what's the complaint all about:
1. I was not put back to my same location.
They moved me to another store 20 miles away.
2. I was not given the same position that I previously held
Right before I returned to work they gave the person
that had been filling in the title of Lead Clerk aka Manager
and said that I was "never on the books" as Lead Clerk The
union will not stand up for me on this They say that I can not
bump her because she is the "manager" and a regular clerk can
not bump a manager Even though the store prior to this was
referred to my store and I was told by the district mgr. more
than once that I was the manager also my rate of pay did
reflect mgrs. pay.
3. The obvious, my pay has gone down.
4. I have been back to work since March 7 almost 5 months now
and they still haven't paid me my back pay.
I feel as if I am being pursequeted still for the things I did not do.
Now it gets even better. During my absence (termination) the company filed for Chapter 11 (reorganization) By the way, the new HR department agrees that none of this should have ever happen but they say their hands are tied.
Here are the questions I need answered.
1. Can I still sue for punitive damages and what is the statue of
limitations on this? I know that under normal circumstances it
would be one year, but I was told that I had to let the union
due their part first before could seek outside council .
2. Do I have a leg to stand on regarding going back to my original
store.
3. A couple of days ago I was told that if my case had been
settled prior to the bankruptcy filing date 9-22-04 They could
use this as an excuse for taking their time to pay me, But since
my arbitration wasn't until 12-19-04 and award 2-16-05 came
after the filing date they are suppose to pay me immediately is
this true. If so what should I do to get them moving on this.
4. I was also informed by the union that any monies I earned
during my termination be it unemployment or wages from
another job would be deducted from my settlement.
Why? I had to earn an income some how. And if I didn't
willfully look for employment that would have been held
against me also.
5. Am I entitled to interest on monies due from the time I went
back to work.
Would someone p lease help me with these questions.
Thank You in advance.
Let me start by stating this is a complex situation. On 1-7-03 I was termed after 13 years of service. The company tried to use several reasons for termination, all of them where made up. It all boils down to the fact that the NEW district mgr. just didn't like me. Anyway, as I stated they tried to say that I stole money, that I stole company time, then when that didn't work they said I willingly violated company policy, all of these alligations were brought up months after termination, In fact, I was never given a letter of with an explaination as to why I had actually been terminated, which is required by our union contract and when I filed for unemployment the company never responded to EDD with a reason for termination.
I was working six days a week open to close, no lunch or breaks which averaged about 75 hours. In the past nine years I think I took off sick 3 or 4 times and rarely did I ask for extra time off. I was a very dedicated employee, I loved my job and the customers were like family.
It took over two years to finally get to arbitration, according to my union contract this should only have taken about 45 days. I blame both the union and the company for dragging their feet. My rights to have this expidited were waved without my consent . I had asked the union if my attorney would be able to ask for punitive damages should I win my job back the reply was no only re-employment and back pay, but that I could file a civil case after the union was finished. I tried to seek council outside the union but was told no one would touch my case until the union was finished .
Anyway, On February 16 2005, I receive the decision from the arbitrator, He had found that I should have never been terminated everything that I had been accused of was a not true. I was to return to my same location, position and rate of pay, no loss of benefits. Everything was suppose to be as if I never left and I was granted 100 percent of my back pay with
interest. I was on top of the world when I heard this, so what's the complaint all about:
1. I was not put back to my same location.
They moved me to another store 20 miles away.
2. I was not given the same position that I previously held
Right before I returned to work they gave the person
that had been filling in the title of Lead Clerk aka Manager
and said that I was "never on the books" as Lead Clerk The
union will not stand up for me on this They say that I can not
bump her because she is the "manager" and a regular clerk can
not bump a manager Even though the store prior to this was
referred to my store and I was told by the district mgr. more
than once that I was the manager also my rate of pay did
reflect mgrs. pay.
3. The obvious, my pay has gone down.
4. I have been back to work since March 7 almost 5 months now
and they still haven't paid me my back pay.
I feel as if I am being pursequeted still for the things I did not do.
Now it gets even better. During my absence (termination) the company filed for Chapter 11 (reorganization) By the way, the new HR department agrees that none of this should have ever happen but they say their hands are tied.
Here are the questions I need answered.
1. Can I still sue for punitive damages and what is the statue of
limitations on this? I know that under normal circumstances it
would be one year, but I was told that I had to let the union
due their part first before could seek outside council .
2. Do I have a leg to stand on regarding going back to my original
store.
3. A couple of days ago I was told that if my case had been
settled prior to the bankruptcy filing date 9-22-04 They could
use this as an excuse for taking their time to pay me, But since
my arbitration wasn't until 12-19-04 and award 2-16-05 came
after the filing date they are suppose to pay me immediately is
this true. If so what should I do to get them moving on this.
4. I was also informed by the union that any monies I earned
during my termination be it unemployment or wages from
another job would be deducted from my settlement.
Why? I had to earn an income some how. And if I didn't
willfully look for employment that would have been held
against me also.
5. Am I entitled to interest on monies due from the time I went
back to work.
Would someone p lease help me with these questions.
Thank You in advance.
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