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Fired because of talk against Management

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legalouch

Junior Member
State of Connecticut

Employed at a Health Care facility. A union vote was taken and was voted down by the majority of the health care workers. The union has a 1 year grace period in which they can, then return, to pitch to the employees to join the union. Since the union vote,(which took place 6mths ago)the health care facility has hired people for their side to talk to the employees, to sway them against the union.
*****During these talks, employees were encouraged to speak up and discuss some of the problems in the facility that need attention. The employees were assured, that their job security, would not be effected if they decided to speak up. Eight of the employees who did speak up were fired. One employee has been with the facility since it's inception. Not only were these employees fired, they were also harrassed, and basically badgered until termination was effective. How does one go about getting legal representation for the group,how is a case like this presented, what kind of lawyer is needed,and how long in the amount of time are we looking at should this go to trial. *****Do the terminated employees immediately file a complaint, if so with whom? Should the fired employees seek workmans compensation or wait to talk to an attorney first? Thank you in advance for your advice.
 
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BelizeBreeze

Senior Member
legalouch said:
State of Connecticut

Employed at a Health Care facility. A union vote was taken and was voted down by the majority of the health care workers. The union has a 1 year grace period in which they can, then return, to pitch to the employees to join the union. Since the union vote,(which took place 6mths ago)the health care facility has hired people for their side to talk to the employees, to sway them against the union.
*****During these talks, employees were encouraged to speak up and discuss some of the problems in the facility that need attention. The employees were assured, that their job security, would not be effected if they decided to speak up. Eight of the employees who did speak up were fired. One employee has been with the facility since it's inception. Not only were these employees fired, they were also harrassed, and basically badgered until termination was effective. How does one go about getting legal representation for the group,how is a case like this presented, what kind of lawyer is needed,and how long in the amount of time are we looking at should this go to trial. *****Do the terminated employees immediately file a complaint, if so with whom? Should the fired employees seek workmans compensation or wait to talk to an attorney first? Thank you in advance for your advice.
There is no legal violation here. So, speaking with an attorney is useless unless you want these people to spend time on a wasted effort instead of looking for a job.
 

gawm

Senior Member
contact the NLRB. your employer can not fire you for trying to unionize. if those talks were part of a decision to unionize or not there might be a violation. the rep at the NLRB will be able to tell you if you have a case or not. don't delay, there is a six month sol. it won't cost you anything to find out.
 

legalouch

Junior Member
Re:

>Thank you gawm and belize for your quick response.

>What does NLRB stand for?

>What is sol?

>Belize, you state their is no legal violation here. When 8 employees, are fired within a 6mths range period, for voicing their opionion against management to outside people who were hired by the facility, who had no prior work disciplinary actions against them,(until of course they spoke out) then they began to be written up, baffles the mind. Some may just see it as a coincidence, others may see it as blatant abuse of power.

>Also these people were not fired trying to unionize.They had already voted it down. But because of state law, the union can come back within 1yrs time to readdress the employees. This is why management hired people to come in to talk to the employees(after the vote) fully knowing the union would be back. This is when the employees were encouraged to speak out, with any problems that they saw, that needed to be addressed. All the ones that spoke out were terminated.
 
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K

katrinagardener

Guest
You need a Union

[ This is why management hired people to come in to talk to the employees(after the vote) fully knowing the union would be back. This is when the employees were encouraged to speak out, with any problems that they saw, that needed to be addressed. All the ones that spoke out were terminated.[/QUOTE]

Perfect example of why you need a Union
 

gawm

Senior Member
>What does NLRB stand for?

NATIONAL LABOR RELATIONS BOARD. Google it and it will take you to the website. if and, i say IF, they find there was a violation they will be able to force you employer to hire back the employees(with back pay)

>What is sol?

STATUTE OF LIMITATIONS. you have six months from the date of the alleged violation to file a complaint

the only way they would be able to help you is if you were fired for trying to unionize. If you were fired for any other reason you're a different kind of sol(sh!t outta luck). since the union were able to come back with in the next six months, it sounds to me they were interfering with your right to unionize. I am not an attorney though. A rep from the nation labor board will be able to tell if it's a violation or not and it won't cost you more than a phone call.
 
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