Lost wages - Entitlement and collection...

[MiniFoxx]

What is the name of your state?Indiana

My husband was terminated form his job in March. He drives a semi, and at the time was employed with Path truck Lines in Dunkirk NY. who filed bankruptcy. They are still operating.

He filed for unemployment benefits and they found he was wrongfully terminated and he received benefits. Then we receive notice that Path is appealling the decision. I put in many hours research and put together a case for the hearing, and we went. Finally heard from appeallate judge and we won. Path wrongfully terminated him.

So is he entitled to any lost wages?

If so, how would I go about collecting them?

Thanks
MiniFoxx

 

[cbg]

Like many people, you have totally misunderstood both the role of a UC hearing and the phrase, "wrongful termination".

If he is receiving unemployment benefits it means that he was terminated through no fault of his own. It does NOT mean that he was wrongfully terminated. The very large majority of people who are receiving unemployment benefits were NOT wrongfully terminated. Every state has a set of rules: "If you are fired for this reason you can get benefits; if you are fired for that reason you cannot get benefits". A UC hearing is solely for the purpose of determining whether the reason for termination falls into the cans or the can'ts. The UC office does not, will not, shall not, is not charged with, determining if the termination was wrongful or not; only whether the reason for the termination

"Wrongful termination" means that it was ILLEGAL to terminate him for the reason that they did. Wrongful terms fall into two categories: violations of Title VII and violations of public policy. Title VII violations mean that he was fired BECAUSE OF his race, religion, national origin etc.; public policy violations mean that he was fired BECAUSE he applied for or utilized a right or benefit that is protected under the law, such as workers comp or FMLA. If he was fired for ANY reason that is not covered under one of these two categories, it is not a wrongful termination, regardless of whether or not he receives UC benefits. As I said, the very large majority of people receiving UC benefits were NOT wrongfully terminated.

Nothing in your post comes even close to suggesting that his termination meets the legal definition of a wrongful termination. As such, he is not entitled to any lost wages.

 

[MiniFoxx]

Don't group me with the majority...

For starters, as you said, nothing in my post indicates.... Maybe that is because I didn't give you any of the specifics. If he had not been wrongfully terminated, then I would not have posted as such. So I would appreciate it if you would not group me with the majority or stereotype me...thank you.

He WAS wrongfully terminated, it falls under one of your definitions and it also falls in with DOT and FHWSA.

Before you go talking down to people and trying to make them look and/or feel stupid, you should get all of your facts.

Thank you for your reply to my post.

MiniFoxx

 

[cbg]

I say again, the fact that he received UC benefits does NOT indicate that he was wrongfully terminated. You are free to confirm that with any attorney you choose.

If you do not include the facts, then obviously no one here can comment on them. Nothing in your post supports a wrongful termination. If there are other, pertinent facts that you have left out, how do you expect a complete answer?

Your question was, is he entitled to lost wages. ON THE FACTS IN YOUR POST the answer is no, he is not. If you want a different answer, you will have to supply additional information. Until you do, my response stands.

 

[MiniFoxx]

As I said,

...it WAS wrongful termination. That has already been determined by DOT, FHWSA, and OSHA. OSHA has a claim against the company as we speak, initiated by me...so thank you.

Wondered what if anything we could do on our own. OSHA isn't doing anything for us. they are taking down the company (previous and numerous violations), but we won't get any benefits from it unless a class action comes out of it. I realize now that he is entitled. I should have figured that out myself. Been pretty screwed up around here with all of this crap going on. I just wondered how to go about getting started on it.

So thanks
MiniFoxx

Hope that clears some of it up for you. Sorry that I didn' t give you enough gory details about the misfortune and misery in our lives. Would you like me to scan the documents and email them to you or do you prefer that I fax them?

 

[cbg]

"That has already been determined by DOT, FHWSA, and OSHA."

So WHY, in your first post, did you only mention UC, which has NOTHING to do whether he was wrongfully terminated or not?

Okay, so he was wrongfully terminated as established by OSHA etc. Fine. But you still have provided no FACTS to help me establish what your next step is, if any.

 

[MiniFoxx]

Well, I guess maybe I do belong in that majority group of people after all...because I don't have a clue as to what you are looking for?????

MiniFoxx

 

[Beth3]

He filed for unemployment benefits and they found he was wrongfully terminated and he received benefits. What cbg has been trying to explain to you is that your State's UC Division did NOT find that your husband was wrongfully terminated. They found solely that he was terminated for a reason that would allow benefits. That is the ONLY jurisdiction that they have.

Now depending on why he was terminated, some other government agency (the EEOC, the DOL, etc.) may have made a determination that he was unlawfully terminated but without any details as to what actually occured, it's absolutely impossible for anyone to comment and offer an opinion as to what remedies your husband may be due.

If you'd like some information on that, then lose the attitude and briefly list the facts surrounding his separation.

 

[MiniFoxx]

OSHA via the DOL determined it was wrongful termination because to continue to work would have placed himself and/or others in a dangerous situation. To continue to work would have been in violation of the regulations of DOT and OSHA. The dispatcher had no right to force him to work or to fire him for his refusal to work under dangerous conditions.

Thank you.

 

[Beth3]

Remedies available through government agencies typically are focused on making the individual "whole" - ex: back wages and possibly reinstatement.

What remedies may be available to your husband on a civil basis (i.e. puntative damages) is something he will need to consult with an attorney about. I suggest he not delay as there are often fairly short statutes of limitations that apply.