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I won a wrongful termination arbitration, and the employer is not following the order

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A

AtheHun

Junior Member
State: Washington

I recently won an arbitration judgement, (not subject to appeal), where I was awarded back pay and pension benefits, due to a wrongful termination.

The back pay and pension damage is North of $400,000.

I have not hired a lawyer yet, (and I hope I don't have to).

The union is represented by a lawyer, (the union's lawyer not mine): the employer also has a lawyer.

There is very little transparency from either the union or the employer. I have been totally transparent.

During the last face to face meeting with the union lawyer it was stated that the employer maybe "running out the clock", a conclusion I had prior to the lawyer's statement.

The Arbitrator ordered the employer to "promptly reinstate me"; and in past cases: reinstatement takes about three weeks for the new hire process, (drug and background check). It has been nine weeks and the employer doesn't want me back, and made a very small, (insulting), financial offer that I rejected.

The jurisdiction of the Arbitrator terminates in three weeks and that would be a disaster for me.

The union lawyer claims that extending the Arbitrator's jurisdiction is a matter of mutual agreement and said lawyer is confident that will happen.

I plan to meet with the union lawyer next week to provide the final installment of expenses I suffered due to the termination, (prolly only $5,000 to $10,000 of expenses), which is a small compared to the back wages and pension damage.

I think I should demand a prompt extension of the Arbitrator's authority, or it looks like I will be adversarial with both the union and the employer at great expense to me.

I was slandered and libeled by the employer's management, which is fairly easy to prove as the transcript documents the managements provably false under oath statements designed to harm me, (which was acted upon to cause the wrongful termination).

If I'm reinstated with back pay et al I will just move on; (I realize I maybe targeted as I was in the wrongful firing), but: I'm fairly sure I can weather the targeting due to the nature of the job which I perform quite well.

If I get a sufficiently large offer I will sign a NDA and move on. I'm good with either option. The company hasn't said anything other then the rediculas offer 4 weeks ago.

Please give me some input.

Thanks in advance,


ATH
 


Z

zddoodah

Active Member
AtheHun said:
I recently won an arbitration judgement, (not subject to appeal), where I was awarded back pay and pension benefits, due to a wrongful termination.
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Cool. Have you filed a motion with the court to confirm the arbitration award and turn it into an enforceable judgment (and, if so, has the court granted the motion and issued a judgment)?


AtheHun said:
I have not hired a lawyer yet
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I suggest you do so ASAP.
 
A

AtheHun

Junior Member
The union lawyer was as good as any lawyer and cut the employer to pieces. I don't have a firm $400 plus yet as the employer is sitting on information required to get a firm final number.
 
adjusterjack

adjusterjack

Senior Member
Delay is the deadliest form of denial.

They will delay, hoping it becomes too late for you to do anything about it.

Hire yourself a lawyer who knows how to enforce arbitration judgments.

Otherwise you may end up with no job and no money.
 
T

Taxing Matters

Overtaxed Member
AtheHun said:
Wow, so I have to hire counsel then. What a bummer
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Yeah, just like its a bummer to pay a doctor when you fall and break your leg. These kinds of expenses aren't fun, for sure, but sometimes necessary in life. You're looking to get more than $400k here. If you don't take the right steps within the necessary period of time you might lose it. Paying a lawyer to ensure you get what you are supposed to get is, in that regard, much like getting insurance for your house. You may never need it, but when you do need it, it can make a world of difference in how things come out. Sometimes just getting a lawyer will stir things up on the other side enough that they will begin to give you what you were awarded.
 
A

AtheHun

Junior Member
Not exactly.

I need to coerce the union's attorney to define the monetary issues first, (prior to moving to Superior Court if need be).

I delivered all the mitigation data documents three weeks ago, (the employer has not provided the overtime calculations; or at least the union lawyer has not shared that info with me). Very little transparency, (which drives me crazy), grrrrrrrrrrrrrrrr.

The back wages are one component that I was only able to estimate from fellow employee's overtime estimates, (I'm prolly fairly close). The union defined pension, (based on hours worked), has been exactly defined, (I have a background in that arena so that type of info is in my wheelhouse); the other pension that was damaged needs the exact overtime figures to get the exact damage, (my estimate is fairly close there as well).

The union attorney is very effective in litigation and chewed the employer up at the two day hearing, (very impressive). The Arbitrator's decision was well drafted and very generous to me. That said: he/she, (the union lawyer), lacks Washington State arbitration experience and I have had to educate he/she about a number of legal and financial concepts, (based on the experience of my capable shot steward's extensive experience.

I am compiling the expense part of the award, (the most uncertain financial issue and subject to the Arbitrator's decision if the employer fights every dime or penny, {as anticipated]). That amount is comprised of COBRA payments, dental insurance premiums, dental work, mailing and mileage expenses, (likely only $5000 to $10000 total and intensive to document and compile). I should have the package complete Monday next week and I plan on a face to face meeting to demand the extension of the Arbitrator's jurisdiction at that meeting. If he/she does that, (which he/she characterized at the last mitigation face to face meeting as "no problem"), my current anxiety will go way down. I am sure the Arbitrator will be very upset with the employer's foot dragging and will likely escalate the teeth in his decision; (the decision specifically said: "promptly").

I will touch base with a former union lawyer who is in now private practice after the Monday meeting with the union lawyer if I don't get prompt satisfaction from said union lawyer.

I would love to hear how to get a motion before a Superior Court judge once the above mentioned financial details have been ironed out so I can bang the money out of the employer's bank account if I don't get prompt payment.

Thanks a lot for your input...

Respectfully,


ATH
 
adjusterjack

adjusterjack

Senior Member
AtheHun said:
I would love to hear how to get a motion before a Superior Court judge once the above mentioned financial details have been ironed out so I can bang the money out of the employer's bank account if I don't get prompt payment.
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We can't help you there as we are not permitted to give you specific legal advice (the unauthorized practice of law) but I ran a search for "Washington state enforce arbitration decision" and came up with numerous sources of information in the followin link.

https://duckduckgo.com/?q=washington+state+enforce+arbitration+decision&t=h_&ia=web

Study those sources and then refine your search for more specific information.
 
A

AtheHun

Junior Member
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