Wrongful Termination - please help

[Archetype]

What is the name of your state (only U.S. law)? Pennsylvania

I've worked for Welch's for over 5 years now, I work in the cellar as a processing utility. I am in a union. I drive forklift, and so am occasionally asked to bring things to other areas of the building. The Cook Room asked me to send "strawberry flavor" up the elevator, so I went and got the only strawberry I was aware we had, and sent it to them. I then went home. The next day I found out that three 8-hour shifts had used this flavor, only to realize it was the "wrong strawberry", meaning the item numbers didn't match up. The Cook Room batchers have the recipe (with the item numbers on it) in front of them at all times, they make the product, the fill out paperwork as they go verifying that everything is correct and matches up. I do not have any of their recipes (I work in processing, I have processing recipes), and I do not make their product or fill out their paperwork etc. I only bring them things occasionally. I did exactly as I was asked. I didn't even know there was another kind of strawberry, or I would have asked them to specify which. We have a system of 3 disciplinary steps followed by a last chance, and then suspension/termination. Every one of the workers in the Cook Room were given one disciplinary step for this mistake (it cost the company over $100,000 loss), but I was put directly on suspension pending termination. They skipped all other disciplinary steps and placed majority of the blame on me, for reasons I don't understand except that maybe it's easier to punish me as an individual rather than everyone in the cook room. And actually, not long ago another employee made the same mistake by sending CHERRY when asked for STRAWBERRY and again because the cook room workers were irresponsible and did not check the item numbers and their recipe and such, they put the wrong ingredients in and caused a loss to the company. However, this individual was only given one disciplinary step as well.

Anyway, I have been out of work for over a month now. I have been in and out of meetings between the company staff and the union, arguing on and on trying to get my job back, and get me put on max of a step 2 and given back pay for the time that I've been wrongfully suspended. However, the company won't budge and refuses to agree to this. The only thing they will offer is for me to come back on a last chance agreement (which means they can fire me for literally any little thing and I can't argue it for the next 20 months) and no back pay. I just can't agree to that and it's not right. They are also denying me unemployment, and their argument is that I should have gone to the office and looked for the cook room's recipe and checked it for item numbers myself. I have appealed the unemployment determination, but it's taking time and my family is suffering badly because of all of this. I have a wife (who was a stay at home mom up until now, and is now starting a new job to try and help with income) and two little ones. It's getting to the point where I'm close to giving in to what they want. I just don't know what to do, can anyone please give me some advice on this? Thank you so much for your time.

Edited to add: Also, the day after I was suspended, my younger brother passed away, and I was denied my bereavement for that and I have no idea what rights I have legally regarding that matter either. I was forced to use my remaining vacation days as a source of income for the first week of my suspension (told by the head of HR that I had to do this).

 

[cbg]

Under the law, a wrongful termination means that there is a specific law that prohibits the employer from firing you for the reason he did. Unless a legally binding contract and/or CBA expressly requires that each and every step in the disciplinary process must be followed in every single case without exception, this is not a wrongful termination under the law. And even if there is such a contract, it's still less a wrongful term than it is a contract breach.

If there is such a contract, take it to a local attorney for review. If there is not, you might be wise to take their offer whether you consider it "right" or not, because no law or protected right was violated by your termination.

Bereavement time is not required by law anywhere in the US, and it would be quite unusual to offer it to someone who is on suspension. I'm very sorry for your loss.

 

[Archetype]

Under the law, a wrongful termination means that there is a specific law that prohibits the employer from firing you for the reason he did. Unless a legally binding contract and/or CBA expressly requires that each and every step in the disciplinary process must be followed in every single case without exception, this is not a wrongful termination under the law. And even if there is such a contract, it's still less a wrongful term than it is a contract breach.

If there is such a contract, take it to a local attorney for review. If there is not, you might be wise to take their offer whether you consider it "right" or not, because no law or protected right was violated by your termination.

Bereavement time is not required by law anywhere in the US, and it would be quite unusual to offer it to someone who is on suspension. I'm very sorry for your loss.

The bereavement time as well as the disciplinary steps are in our Union contract, which they agreed to and signed etc. So I see it would be more of a contract breach. I am just trying to figure out my rights here. I don't see why I should be forced to take this offer when they are not following the contract they agreed to with the Union. I understand taking my information to an attorney would be most beneficial, and let me just add that the head of the Union as well as appointed Union attorneys are already involved, I'm just here trying to get whatever information and advice I can otherwise. Thank you for the info you've given me, that is helpful.

Also it's not that I am specifically calling this wrongful termination, but trying to get my whole story out in general and looking for advice in the legal aspects of it etc. And I understand bereavement isn't given on suspension, but what are my rights to it if I come back? And what of the fact that they shouldn't have suspended me in the first place, if such a thing was proven? Those are my questions.

I went in for another meeting with a Union steward and the head of HR, and brought all the details of my argument to him. He seemed very taken aback, and I think I may have actually made some progress today. I don't have to necessarily take this offer, it's just that money is really tight right now so it's hard to keep holding out. I need to though, because if they don't give in and do the right thing (still a chance they will call me with another offer after this meeting) then what will happen is that my case will go into arbitration where it will be decided if they were right or wrong.

 

[cbg]

Your rights to bereavement time when you return are whatever your union contract says they are. There are no rights to bereavement time under the law.

Since you have a union contract, what rights to reinstatement or whether you can be required to take their offer are going to be determined by that contract, which I have not read. I can only tell you what the law says; there are no laws or protected rights that your employer has violated. If your union contract has been violated, that is for your union to deal with.