Terminated for off the job charges that were dropped.

[deathracer]

What is the name of your state (only U.S. law)? Maryland. I was arrested and charged with 3 counts of assault happening within my home and off the job. Released on house arrest; the D/A dropped all charges. I have a CBA with local union. I was told by supervisor that I wasn't suspended but could not return to work until security spoke to me. After a week being off house arrest and charges dropped, security asked me to come in to interview. After release I saw my doctor and psychologist being diagnosed with PTSD due unwarranted arrest, jail time, wife having an affair (lead to charges) and not being able to return to work (unknowing of outcome), and applied for short term benefits. I was placed on meds, and weekly visits.

I go to security interview, I advise them of myself being on short term disability benefits for the PTSD and explained medications and the side effects I was having, security assured me I could proceed and continued asking questions. Security was obviously very unkind and demanding in questioning. Afterwards I was suspended. An hour after suspension disability company calls me says company called them said I was suspended "a month" prior to me applying for STD so benefits are off. I was paid 3 weeks disability prior to this. The company ultimately terminated me 2 weeks later saying threatening, hostile conduct, to employees or customers on or off the job.

I won Maryland unemployment insurance. I lost arbitration with union and company. Do I have any recourse as this sounds? Or do I need to move on? Benefits were denied after being approved, and now company states they suspended me prior to being arrested which they did not. Also they are terminating me on an incident within my home, not on company time, which all charges were dropped.

Please help with valuable information as to how or not proceed. Thanks ahead of time.

 

[Just Blue]

What is the name of your state (only U.S. law)? Maryland. I was arrested and charged with 3 counts of assault happening within my home and off the job. Released on house arrest; the D/A dropped all charges. I have a CBA with local union. I was told by supervisor that I wasn't suspended but could not return to work until security spoke to me. After a week being off house arrest and charges dropped, security asked me to come in to interview. After release I saw my doctor and psychologist being diagnosed with PTSD due unwarranted arrest, jail time, wife having an affair (lead to charges) and not being able to return to work (unknowing of outcome), and applied for short term benefits. I was placed on meds, and weekly visits.

I go to security interview, I advise them of myself being on short term disability benefits for the PTSD and explained medications and the side effects I was having, security assured me I could proceed and continued asking questions. Security was obviously very unkind and demanding in questioning. Afterwards I was suspended. An hour after suspension disability company calls me says company called them said I was suspended "a month" prior to me applying for STD so benefits are off. I was paid 3 weeks disability prior to this. The company ultimately terminated me 2 weeks later saying threatening, hostile conduct, to employees or customers on or off the job.

I won Maryland unemployment insurance. I lost arbitration with union and company. Do I have any recourse as this sounds? Or do I need to move on? Benefits were denied after being approved, and now company states the suspended me prior to being arrested which they did not. Also they are terminating me on an incident within my home, not on company time, which all charges were dropped.

Please help with valuable information as to how or not proceed. Thanks ahead of time.

Why were the charges dropped. Be honest.

 

[deathracer]

I had a 2nd degree assault on my wife, and a 1st and 2nd degree on her lover. The police noted in the reports that my wife changed her story twice about what assault actually happened. The officer's also noted that there was no physical marks on any party, and that her lover did not call police until well after an hour of leaving my home. I never spoke to the D/A, my lawyer spoke to the D/A just minutes prior to the first hearing(that I am aware of) and she had stated there was no reason for them to pursue, and she would dismiss. I was in and out of court in less then 5 minutes.

 

[deathracer]

The union arbitration I believe was lost due to my representation there for the most part. Union lawyer said prior to arbitration, that speaking to companies attorney, they admitted they did not have good cause to dismiss me but wanted it done through the arbitration. I was even offered two cash settlement amounts the prior day to drop the arbitration and resign instead. 1st offer was for 20k, the 2nd was for 40k. Union said to refuse it was not sufficient. At arbitration, company lawyer was of course very aggressive were-as Union was not, and didn't address all issues. I think Union believed they had it in the bag when they didn't. The union also was unaware of some subpoenaed witness's for the company, and the union did not object. It was certainly not an environment were the company had the burden of proof to present. The mediator "appeared" to be bias to the company. It was much of a free for all on the company side with the union keeping a safe seat.

The union also did not push the issue that we had in writing I was suspended 6 weeks after the date the company stated, and I was denied benefits after being approved, but revoked weeks later after an official suspension.

I am holding onto this because I spent 18 years with this company with numerous benefits and a "zero" disciplinary record the entire time, which in fact the company did admit.

The arbitrator in his decision stated that even though he believes I did not injure the witness, he felt that if the witness felt it was implied that I may injure them, that was sufficient for him to see the companies side of threatening or hostile action on my part.

Mind you this witness was in my home having an affair, and hid under my bed and refused to leave after multiple attempts of asking him to once I located him.

Even the police officer and officer in charge apologized to me for having to place me under arrest for further questioning, but said due to domestic laws, if someone calls them they must remove someone in a domestic charge. And the person who calls first gets the best word.

 

[drruthless]

The union arbitration I believe was lost due to my representation there for the most part. Union lawyer said prior to arbitration, that speaking to companies attorney, they admitted they did not have good cause to dismiss me but wanted it done through the arbitration. I was even offered two cash settlement amounts the prior day to drop the arbitration and resign instead. 1st offer was for 20k, the 2nd was for 40k. Union said to refuse it was not sufficient. At arbitration, company lawyer was of course very aggressive were-as Union was not, and didn't address all issues. I think Union believed they had it in the bag when they didn't. The union also was unaware of some subpoenaed witness's for the company, and the union did not object. It was certainly not an environment were the company had the burden of proof to present. The mediator "appeared" to be bias to the company. It was much of a free for all on the company side with the union keeping a safe seat.

The union also did not push the issue that we had in writing I was suspended 6 weeks after the date the company stated, and I was denied benefits after being approved, but revoked weeks later after an official suspension.

I am holding onto this because I spent 18 years with this company with numerous benefits and a "zero" disciplinary record the entire time, which in fact the company did admit.

The arbitrator in his decision stated that even though he believes I did not injure the witness, he felt that if the witness felt it was implied that I may injure them, that was sufficient for him to see the companies side of threatening or hostile action on my part.

Mind you this witness was in my home having an affair, and hid under my bed and refused to leave after multiple attempts of asking him to once I located him.

Even the police officer and officer in charge apologized to me for having to place me under arrest for further questioning, but said due to domestic laws, if someone calls them they must remove someone in a domestic charge. And the person who calls first gets the best word.

You turned down 40k? and lost arbitration!
I think you screwed the pooch on that one.
I could be wrong but once it goes to arbitration and you loose that's pretty much it.
..____________________
~ Free advice is just that.
It didn't cost you a dime so do with it what you will.

 

[deathracer]

As I understand, I would need to go through the process of arbitration prior to obtaining counsel outside. Yes, after arbitration, the decision is final between the company and union, although if the company was wrongful especially in the retracting of previously approved STB benefits for disability, I may still have recourse. 40k sounds like a lot at first glance, although losing a job which 40k would have been only a third of my yearly salary, and not having another comparable job since resignation would be required would not help my situation in the long term. The loss of income has caused me to foreclose on my home and declare bankruptcy. The 40k would have only been liquidated in bills to only prolong the situation. Also it would eliminate any future recourse, if I have any.

 

[cbg]

You need to move on.

 

[FlyingRon]

You're misinformed. I've never seen an arbitration that didn't allow representation and I suspect any rules/contract that barred such would be construed as unenforceable.