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I fell i have been retaliated at by employer

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Hawaiian

Junior Member
What is the name of your state (only U.S. law)? Hawaii
I believe i was retaliated for reporting unethical, double standards and discriminated practiced by the employer and because of me "whistle blowing" i feel is the reason why my employement was terminated. My employer claims that i have willfuly violated safety rules and practices, dereliction of duty, violation of code of conduct, although they have to proof of the allegation and has failed to prove proper and just cause. The only evidence the employer has is hear say and lies made by my supervisor. During the union grievance, the employer offered my job back under certian conditions and one of it was no back pay. Unexceptable by the Union and myself. To make it short, the next and final step is arbritration. My question is, do i have a case to file some kind of lawsuit? I have testimonies of other employees over hearing the supervisor organizing a plan to get me fired, hearing supervisor making discrimnating comment regarding my charactor, witnes of the employer questioning me about my religious belief when not relevant to any issue at all, giving preference to other employee's by saying quote, "I will do it for you but not for John Doe". Other employees got terminated base on their race. Employer made the following comments quote, "You know you brown people!". Other employee got terminated because they refused to do an illegal thing to patient files to cover up for the supervisors negligence. What can i do legally? I need an attorney advice that specialises in this area of law.What is the name of your state (only U.S. law)?
 


Hawaiian

Junior Member
Yes

Yes i know it is a union matter as far as getting my job back but for legal litigation, i need to do it out side of what the Union is doing for the union will not file a law suit.
I need a lawyers opinion as far as do i have reason to file suit and win.
 

Hawaiian

Junior Member
What does the union contract have to do with filing a law suit. If it is illegal to rob a bank, then the union contract means nothing. According to the Union, the employer has not proven "proper and just cause" therefore the termination was done illegally. My question is, base on what i have shared.....do i have a case for legal litigation.

Please if you are not an attorney, dont respond.
 

mlane58

Senior Member
First you don't get to dictate who responds and who doesn't. The reason they asked about your collective bargaining agreement is that it more than likely has an article about going to arbritration and if that is the case, you don't get to file a lawsuit. So quit being an a$$ and answer the question.
 

ecmst12

Senior Member
It does not appear that anything illegal took place. The only recourse you MIGHT have is if your union contract was violated. Only a lawyer in your area who has reviewed your union contract can determine that.
 

eerelations

Senior Member
You cannot file a lawsuit against the company as long as your union is acting on your behalf. Period.

If the union formally stops acting on your behalf, only then can you even consider filing a lawsuit against the company.

If you don't like what the union is doing on your behalf, all you can do is complain to the NLRB.
 

cyjeff

Senior Member
And, lastly, nothing in your original post seems illegal. Maybe not smart and/or not the way I would do thinks, but that doesn't make it illegal.

One offhand comment is not enough for a suit.

I was not being cute by telling you to check your CBA. CBA's cannot make the illegal legal, but they can make the legal illegal... or, at least, give you the path by which remedies may be resolved.

One more point.

The next time you respond like that, the only sound you will hear from this board is the sound of crickets chirping.

If you want a lawyer's learned opinion, you pay for it in six minute increments like everyone else.
 

Hawaiian

Junior Member
I apologize if i have upsetted or offended any one on the forum. Not was not my intentions. I'm just looking for good fact, and helpful information and not things that i allready know about. It appeared that some didnt understand my question, and yes i thought you were getting cute and silly when you asked of the Union cotract. I/m going through alot regarding this issue and becoming overwhelm dealing with the Union, Workers comp, Dept of Labor, Unemployement dept, Employer, EEOC, Civil Rigt Commission and on. So again i apologize.

ecmst12- talked about violating the Union contract.....and yes the employer did indeed violate 4 section of the contract. One of them was that the employer did not prove "proper and just cause" which is also a State Law. Do you mean the employer can call a black man employee a "nigge**************.."and that is not considered discriminating nor illegal?

You might think this is interesting.....to make it short i was denied unemployment insurance so i appealed, and won. The Unemployement dept (U.I)decisions was based on the employers lack of evidence. U.I dept also commented that i was terminated for other reasons and not for a work place violation. I just recieved a letter from Dept of Labor (U.I)stating that the employer tried to appeal the decision but lacked good cause to warrant a reopening of the decision so the requested appeal was denied.
 

cyjeff

Senior Member
The procurement of unemployment insurance benefits should not be considered as validation of any other employment or termination issue.

You are in arbitration. I would guess that the CBA requires that arbitration be exhausted before court can even be considered.

Even then, arbitration may prevent you from any other remedy.

Again, without knowing what is in the CBA, we cannot tell you what it contains.
 

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