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

[AtheHun]

I read said links, my layman's conclusion is: that I must press the union lawyer to finish the "administrative phase" of the arbitration where the financial matters are settled by the Arbitrator, (who will not be happy over the employer's stall). The problem is: I am not a party to the collective bargaining employment contract, just the lowly beneficiary. The two parties are: the employer, and the union.

I will let he/she know that I'm thankful for the solid victory during trial, ( I already have expressed my gratitude); butt: if the matter is allowed to be stalled by the employer to the point where the Arbitrator loses his jurisdiction in three weeks, I will seek my monetary damages from the union due to their abject incompetence. I will make that abundantly clear early next week face to face followed by a letter to that effect.

The employer would be very happy to make the union my adversary. Very frustrating, (if that actually happens).

Once I have a monetary judgement from the Arbitrator, (or Superior Court if need be, although my standing maybe a huge issue); I will follow the procedure to transfer the Arbitrator's decision to Superior Court and execute against the corporate bank account unless I get paid promptly, (and I mean promptly). grrrrrrrrrrrrrrrrrr

 

[AlmostThere]

You are being penny-wise and pound-foolish by not engaging a lawyer at this point.

 

[AtheHun]

After I meet with the union lawyer, (Monday/Tuesday this week), I will engage my own lawyer if he/she doesn't immediately extend the jurisdiction of the Arbitrator. I know of a lawyer who used to work for the union, he/she will be my first call if I don't get immediate results. I have the top ten labor law firms in metro Seattle contact info on my hard drive if he/she can't or won't take my case.

If the Arbitrator has extended jurisdiction, (ONE FULL YEAR will be my DEMAND), where the employer can't run out the clock I can wait, (as I'm making $ every day). The non negotiable final and not subject to appeal decision is very clear about that. 12% interest on the award starts 90 days after the decision that the employer must pay on the award. The decision states the reinstatement must be "prompt", so the Arbitrator will not be pleased at the employer's conduct and failure to do what the decision states the employer must do.

I'm financially OK; and once the jurisdiction is extended I'm in great shape to wait until the cows come home. The employer is a massive corporation with plenty of money and a solid world wide business.

I've always been penny wise and I don't intend to be pound foolish. That said: if I'm paying a law firm $500 per hour to read what I can read myself I no longer can wait 'til the cows come home.

I hope you can understand the predicament I'm in. I suspect the union is working with the employer to create more urgency on my part.

Thanks for the advise.

 

[AlmostThere]

After I meet with the union lawyer, (Monday/Tuesday this week), I will engage my own lawyer if he/she doesn't immediately extend the jurisdiction of the Arbitrator. I know of a lawyer who used to work for the union, he/she will be my first call if I don't get immediate results. I have the top ten labor law firms in metro Seattle contact info on my hard drive if he/she can't or won't take my case.

If the Arbitrator has extended jurisdiction, (ONE FULL YEAR will be my DEMAND), where the employer can't run out the clock I can wait, (as I'm making $ every day). The non negotiable final and not subject to appeal decision is very clear about that. 12% interest on the award starts 90 days after the decision that the employer must pay on the award. The decision states the reinstatement must be "prompt", so the Arbitrator will not be pleased at the employer's conduct and failure to do what the decision states the employer must do.

I'm financially OK; and once the jurisdiction is extended I'm in great shape to wait until the cows come home. The employer is a massive corporation with plenty of money and a solid world wide business.

I've always been penny wise and I don't intend to be pound foolish. That said: if I'm paying a law firm $500 per hour to read what I can read myself I no longer can wait 'til the cows come home.

I hope you can understand the predicament I'm in. I suspect the union is working with the employer to create more urgency on my part.

Thanks for the advise.

But you are. The union lawyer does not represent you, and cannot make your best interest his/her focus. The lawyer is legally obligated to take care of the Union. Not you. You are talking about risking $400,000 to save a few hundred dollars on a consultation. You must like risk.

 

[AtheHun]

But you are. The union lawyer does not represent you, and cannot make your best interest his/her focus. The lawyer is legally obligated to take care of the Union. Not you. You are talking about risking $400,000 to save a few hundred dollars on a consultation. You must like risk.

The union lawyer responded to letter I sent, (received on Monday). My mind is now as ease, as I received a phone call and a lot of previously withheld information. The Arbitrator has been notified and is not happy, and will increase jurisdiction if need be. The employer has finally replied and things are moving forward rapidly. It appears likely I will get a substantial offer, (much larger then $4xx,xxx). I did reach out to a law firm that has not gotten back to me.

As to risk: you are correct. I have always been a risk taker. It looks like it may pay off.

Thanks for the help.

 

[AtheHun]

Update: I sent a demand letter, (certified return receipt) to the employer's headquarters that finally got some needed attention.

As a direct result of my letter "the men, (and Women) in black" descended on the plant from headquarters. Not a good day for the local management.

On 4/1, I was told I would be reinstated 4/10, (which I was).

The union lawyer was upset with my threatening email requesting extended jurisdiction, (and the fact that I attempted to hire a lawyer). That law-firm never got back to me for a consultation, but prolly called the union lawyer or the union, as that particular community is small and connected, (a guess on my part). The net result was a thaw in information and an extension of the Arbitrator's jurisdiction to 5/5 from 4/20. That extension might work.

I still don't have a lawyer, but: I have an extensive financial background; so I am comfortable and confident I'm equipped to settle the matter with the employer, (once I have all the information from said employer, that they have thus far withheld). The Arbitrator is not happy with the delay of the employer's information or my belated reinstatement. I would guess the tight schedule will work to the union's and my advantage, as this employer has already been spanked and is obviously dragging matters out.

My first week back was uneventful, (and it is great to be back at work). I'm kind of a "folk hero" to most of my fellow non-management employees as this employer is down-rite brutal and other employees have been treated similar to me. Retaliation is a way of life at that plant, so most employees are very fearful of the brutal management.

"Attila the Hun", (me), isn't fearful at all. I guess I'm not smart enough to be scared...

Thanks for the help.

ATH

 

[ALawyer]

If you received a $400,000 arbitration award, it is likely worth far more than the job itself. And depending on where you are, hiring a lawyer to have the award confirmed in court should cost you about $5-15k (I would NOT hire a lawyer do this on a contingency basis if I were dealing with a solvent corporation -- and some lawyers might agree to defer half the payment until the award is collected), leaving you with over $385k more than you have now (plus possible interest on the award).