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  1. #1
    Jason DePonty is offline Junior Member
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    Question Wrongful Termination of Union Employee

    What is the name of your state? Minnesota
    I was Terminated by my Company outside whats written in our Contract back on Nov,10 2006 and am a member of United Steel Workers Union. I've won two appeals by the Company on my unemployment! With the Unemployment law judge stating I was terminated for reasons other then employee misconduct! The vote to arbitrate was %100 and have had my Arbitration hearing that everyone says went very well in our favor?
    Now I'm just waiting for the Arbitrators decision(some time before june)that i believe will be in my favor since the Company Terminated my employment outside the guidelines of our Contract thus violating our collective bargaining agreement. The Union is asking for all backpay and Job reinstatement, that i would be quiet happy with. But" there has been damage to my credit and have collection companies calling so often i wont even answer my phone. I have not been able to take my kids to the doctor or dentist and i have had a ear infection for 2 months that has gone un-checked. Ive had problems even putting food on the table because unemployment is not near what i normally make.
    My question is do i have the right too pursue legal action for Damages after Arbitration? Also how would that affect me going back to work with this Company?
  2. #2
    racer72 is offline Senior Member
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    My question is do i have the right too pursue legal action for Damages after Arbitration?
    Not likely. Part of the agreement to return to your job and receive the back pay will be a release that you cannot hold the company liable for such damages. This is what a union steward from my employer has stated, you should ask this to your steward and business rep.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  3. #3
    cbg
    cbg is offline Senior Member
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    Additionally, the fact that Unemployment ruled that you were not fired for misconduct does NOT make the termination illegal (wrongful). Nothing in the law says that you can only be fired for misconduct.

    If your CBA says otherwise, then what you have is a contract breach, not a wrongful termination. Your damages will be limited to what your contract states.
  4. #4
    Jason DePonty is offline Junior Member
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    Wrongful Termination of Union Employee

    I was just stating what the unemployment law Judge's conclusion was as fact. Not that it meant unlawful termination, sorry about that.
    My Unlawful Termination claim would be for being Terminated without doing anything outside the guidelines of the Union Contract by a Plant Mgr. with a personal Vendetta that i can and would prove i believe. But would it even be worth the hassle and instead just take my backpay keep the job and being happy knowing i beat there a$$ in Arbitration? I know it would just kill this guy, me going back to work and being paid 6 months pay for nothing saying good morning with a smile on my face every day! I still cant help feeling he deserves more for what he has put me and my family through. Backpay and my job i should have never lost in the first place hardly seems fair too me?
  5. #5
    pattytx is offline Senior Member
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    Again, then, it's a possible breach of contract issue, not a wage and hour issue. If this is going through the union grievance process, that's all you can do at this point. The law does not require "fair" which, after all, is a subjective term.
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    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  6. #6
    Jason DePonty is offline Junior Member
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    Unhappy Wrongful Termination of Union Employee

    My State is Minnesota:

    I have read in some Minnesota Law sites the term, Terminated outside Union Contract.
    Then it states if so, you could have a wrongful Termination claim. But i have never seen the term Breach of Contract used in referance too Termination outside Union Contract?
    I've also read about people reaching a settlement agreement with a Company in order too sign off on any lawsuit of Wrongful Termination against that Company. Would that just be for 'At Will' employee? That is not covered under any Collective Bargaining Agreement.
    If not, that would have to mean that the Union employee would have had there Lawyer Contact the Company about a lawsuit after arbitration was finished. A Union employee would not file a lawsuit before there grievence is resolved by an Arbitrator am i right?
    I know law's are different in every State and when i mentioned a lawsuit after Arbitration to my Local President and Union Rep some weeks before Arbitration hearing. Neither one said i could not!
    It seem's to me a Arbitration hearing's purpose for the grieved is to right a wrong Correct?
    And if so, why couldn't a Union employee seek damages for claiming Unlawful Termination that were not determined when that employee won in Arbitration?
    I'm just wondering if racer72 is correct when he stated that part of getting my job back and back pay is i sign off on damages with the Company? That would mean the Company gets a free ride on violating my right's! No slap on the wrist no nothing! But giving me my job back that shouldn't have been taken to begin with and my backpay i shouldn't have lost to begin with. I'm just not so sure the Law's in Minnesota are such that the Company does not have to pay some kind of penalty if the Employee wishes to persue Damages after Arbitration. So i get my job back i never should have lost and backpay, pay all the well overdue bills including the ones in collections. Then what? I have no money left a big black mark on my credit for how many years? And the Company gets off scott free! Well the German in me says no way i'm letting that happin without a fight!
  7. #7
    eerelations is offline Senior Member
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    Employers are not legally required to give terminated employees their jobs back, nor are they required to give them back pay. So when they do, they will have the terminated employees sign a release stating they (the teminated employees) won't sue the employers.

    It's basically a prid quo pro situation - to get something (job reinstatement + back pay), you have to give something (the right to sue). You can fight this all you want, however you won't get anywhere.

    Meanwhile, however, you can't do anything right now except go through your union's stated grievance procedure (as other posters have advised you at least several times).
  8. #8
    racer72 is offline Senior Member
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    Quote Originally Posted by eerelations View Post
    Employers are not legally required to give terminated employees their jobs back, nor are they required to give them back pay. So when they do, they will have the terminated employees sign a release stating they (the teminated employees) won't sue the employers.

    It's basically a prid quo pro situation - to get something (job reinstatement + back pay), you have to give something (the right to sue). You can fight this all you want, however you won't get anywhere.

    Meanwhile, however, you can't do anything right now except go through your union's stated grievance procedure (as other posters have advised you at least several times).
    I stated the exact same thing in the first response to this guy, he refuses to listen. Some Bozo's have to find out things the hard way.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

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  9. #9
    Jason DePonty is offline Junior Member
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    Wink Wrongful Termination of Union Employee

    Bozo Hey? Well i would be a real Bozo if i took any old Tom , Dick or Harry's word for everything now wouldn't i! What qualifications do you have in the state of Minnesota if you don't mind me asking? I already know you know all about Bozo's, must have quiet a few of them were your from hey buddy? Well anyway there einstien excuse me for asking you must have a real problem with someone questioning your answers? There are people out there you can get help with on that little problem of yours. Like a mental health prof.
    everyone else thank you for your input:
  10. #10
    eerelations is offline Senior Member
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    I wondered at your first post whether you'd been fired for bad attitude, and this most recent post of yours has just confirmed that for me. I also suspect that the reason you're posting here and not working with your union is that your union's pissed off at you too.
  11. #11
    Jason DePonty is offline Junior Member
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    Wrongful Termination of Union Employee

    I don't believe i ever asked if i had to wait for my Unions grievence procedure, in fact i know i didn't because i knew that already! besides wouldn't that just be one more feather in my cap for any pending lawsuit if i so choose not to sign and sue them in court?
    All i know is the Company better hope i get everything the Union is asking for from the Arbitrator because there is no way on God's green earth i could sign without all backpay and job restoration period! Man are you people a testy bunch of S.O.B's, calm down it will be alright i promiss Jeez!!

    Meanwhile, however, you can't do anything right now except go through your union's stated grievance procedure (as other posters have advised you at least several times).
  12. #12
    Jason DePonty is offline Junior Member
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    Smile Wrongful Termination of Union Employee

    Well your somewhat right, no my union is not angry with me for anything. In fact there Quiet happy with the way things are going. My Union Rep did a great job at Arbitration and everyone agrees it's in the bag! Not often you get to stick it to the man, and that's just what we are doing! It's all the Man's fault for this situation not mine! If i'm guilty of anything it's not being the little Kiss a$$ yes man that they love. Makes them feel like big men when i know all they have down there are little pebbles!
    But yes i do have a bad attitude and if you dealt with what i have this past year, I would be willing to bet you all would too! The arrogant a-holes in Corporate America need to be knocked down a notch when they violate workers rights! I just want what i feel is owed to me and to go back to work PERIOD.
    So tell me what's all you people's problems that you have to be short with posters> (BOZO's) and talk down to them? Who's really got the attitude problem, thats what i'm wondering?

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