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CEEGIE

Junior Member
What is the name of your state? Ohio Law

I was terminated from my job as a caseworker because a client stated to my
employer that I failed to interview them. The Agency that I work for has a
Union, the union representatives assured me that my case would be arbitrated
I was terminate Sept 2003 I was notified March 2004 that the Union would
not be arbitrating my termnation, this decision was made at the State level.
I could not file a wrongful terminaton claim until I had exhausted the Unions
attempt to resolve the issue. After learning that the Union was not going
to arbitate my termination (Union leaders were busy with the 2005 Presi-
dential Election and National Conferences) I filed a claim against the Union
for unfair labor practice with the Ohio SERB Office I was notified that the
complaint with prejudice, a letter of reconsideration was filed along with
several other supporting documents from the SCLC office of Montgomery
County Commissioners office and the dismissal was sustained with prejudice
this letter was received the 10th of Febrary 2005. I want to now file a
complaint in Common Pleas Court. I WANT TO KNOW IF THIS IS THE
CORRECT COURT TO FILE SUCH A COMPLAINT. SECOND, I WANT TO KNOW
IF THE TIME FRAME HAS EXPIRED FOR FILING CLAIMS AGAINST MY
EMPLOYER AND HE UNION.
 


cbg

I'm a Northern Girl
I'm sorry, I can't answer your question. I don't have enough union experience to say.

I do want to tell you that legally, you do not have a case for wrongful termination based on what you have posted. A wrongful term means that it was illegal for the company to fire you for the reason that they did. It is NOT illegal for them to term you because a client says you didn't interview them, even if the client is wrong. In fact, even if the client is lying in their teeth, it is still not illegal for them to term you.

It's entirely possible that you have a breach of contract claim if the termination violates your union contract. That is not the same thing as a wrongful term. I'm not saying there's nothing you can do; I'm not telling you you can't file any kind of complaint; I'm saying it's not a wrongful term.

The reason I am making this kind of hair-splitting point is that I don't want you to accidently hurt any case you may have, by using the wrong terminology and claiming something that you can't support.
 

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