Need legal advice from you gamelivers

  • Start date
    • •
  • Replies 32 Comments
  • • Views 2,161 Views
UntilTheNDofTimE

UntilTheNDofTimE

At the tables
Since
Jan 30, 2010
Messages
725
Score
0
Tokens
0
Is this unlawful termination and harrasment?

I work for a very big corporation. I work in a warehouse and it is my job to build pallets with merchandise and load them on trucks. I am a union employee and my union is very weak and usually lets the comany got away with what they want.

6 weeks ago my company began to discipline and write up employees for not reaching a productivity number that is completely unrealistic. If you dont hit the number on a weekly bases you will be fired after 6 write ups. Nowhere in our union contract does it say anything about productivity standards but our union hasnt done anything about it. They continued to harrass and discipline me over my productivity even though i worked as hard as i could everyday.

On tuesday morning i was terminated for this reason. To terminate someone you need to get human resource approval and hand the employee their final check. They didnt do either. 5 hours after i was terminated i got a call from my managers manager saying there revising my termination to a suspension pending( suspension pending is where they suspend you and do a review on whether theyll let you come back to work or fire you. . Of course there revising this without my signature. They did this cause they screwed up and didnt "rightfully" fire me. Now they want me to go back to work on monday. I talk to my union officials and they tell me not to go back to work cause they want you to go back just so they can righfully fire you to avoid a lawsuit.

What do you guys think. Ive tried to get a consultation with many lawyers but all of them want you to fill out a form and theyll get back to you. I need a lawyer now.
 
The whole point of the Union is to give you legal representation. I wouldn't look outside of your union if you want to get anything out of this.
 
Normally I'd say don't burn a bridge but it sounds like these assholes are useless to you. It also sounds like easy $ for you and an attorney.

Don't go back. Get representation.

Make them pay.
 
If the union official stated that nowhere in ur employment contract does there mention 'productivity numbers' and requirement to meet said standards and then your fired for this very reason then id have thought yes u have a strong case for wrongful dismissal.
 
xpansive
If the union official stated that nowhere in ur employment contract does there mention 'productivity numbers' and requirement to meet said standards and then your fired for this very reason then id have thought yes u have a strong case for wrongful dismissal.
Click to expand...
nowhere in our contract does it state productivity numbers. But under managments rights it allows them to set goals if they are reasonable. Every employee busts there ass to try and reach this goal and no one can do it. So id call that hardly realistic. Problem is a grievance takes like 3-5 weeks to win yet you can be fired in that timeframe. Our union is worthless and does not protect us.
 
Ive got mixed feedback.

Some say if i dont show up it will be job abandonment and theyll deny my unemployment. This isnt possible if i have documentation saying im terminated and i never signed paperwork to revise it correct?
 
stevek173
Normally I'd say don't burn a bridge but it sounds like these assholes are useless to you. It also sounds like easy $ for you and an attorney.

Don't go back. Get representation.

Make them pay.
Click to expand...

Id think so but what are the chances you win a suit against a multi billion dollar corporation? Im not really trying to get paid off in a lawsuit i just want my job back and not be harrassed. I do believe there is a big class action suit looming but id be 35 by time theyd come to a settlement.
 
UntilTheNDofTimE
Ive got mixed feedback.

Some say if i dont show up it will be job abandonment and theyll deny my unemployment. This isnt possible if i have documentation saying im terminated and i never signed paperwork to revise it correct?
Click to expand...
5er ur gonna have to start playing the game here. What id be doing RIGHT NOW is acquiring legal representation to ensure that indeed u do have a case. If u do have a case as i suspect then next time u have to work call in sick with what looks to be the beginning of a contagious flu. Make Dr's appointment 4 sickness certificate. Cover your tracks, just as they want to (and will) cover theirs if u go back...

Only til u know whats going on of course and hope it doesnt have to come to that...GL and keep us posted as to where this goes...Cheers
 
UntilTheNDofTimE
Id think so but what are the chances you win a suit against a multi billion dollar corporation? Im not really trying to get paid off in a lawsuit i just want my job back and not be harrassed. I do believe there is a big class action suit looming but id be 35 by time theyd come to a settlement.
Click to expand...

To me this means bigger chance of a settlement, not a large one but a settlement

I also want to point that I know absolutely nothing about this kind of law
 
Xpansive i asked advice a a legal advice forum and got this. Whats ur opinion on it. Ps if i could get legal representation this minute i would. Monday morning i think im going to call every job attorney in sacramento to try and get a consultation....


If the company does not follow their own internal rules, that is between the person who acted and their management. It does not entitle you to anything unless your union chooses to fight it.

Since your employment is entirely dependent on your union contract, THEY have to fight for you, the company probably has no right to negotiate with you over the firing, nor is there a lawsuit over this.

It's either against the union contract or not.
 
Sucks not knowing where u stand but as u said w8 til monday then take it from there...
 
Ill call out mon + tues for sure to try to see a lawyer
 
Is there any way you can find a way to get a fully loaded truck out of the yard unnoticed?

You could easily sell a truckoad of Pe*si at a discount and make some cash.
 
where's boner?

sorry to hear this has happened UTEOT.... if I drank that shit, I'd boycott for you :)
 
UntilTheNDofTimE
Is this unlawful termination and harrasment?

I work for a very big corporation. I work in a warehouse and it is my job to build pallets with merchandise and load them on trucks. I am a union employee and my union is very weak and usually lets the comany got away with what they want.

6 weeks ago my company began to discipline and write up employees for not reaching a productivity number that is completely unrealistic. If you dont hit the number on a weekly bases you will be fired after 6 write ups. Nowhere in our union contract does it say anything about productivity standards but our union hasnt done anything about it. They continued to harrass and discipline me over my productivity even though i worked as hard as i could everyday.

On tuesday morning i was terminated for this reason. To terminate someone you need to get human resource approval and hand the employee their final check. They didnt do either. 5 hours after i was terminated i got a call from my managers manager saying there revising my termination to a suspension pending( suspension pending is where they suspend you and do a review on whether theyll let you come back to work or fire you. . Of course there revising this without my signature. They did this cause they screwed up and didnt "rightfully" fire me. Now they want me to go back to work on monday. I talk to my union officials and they tell me not to go back to work cause they want you to go back just so they can righfully fire you to avoid a lawsuit.

What do you guys think. Ive tried to get a consultation with many lawyers but all of them want you to fill out a form and theyll get back to you. I need a lawyer now.
Click to expand...


no way im reading all of that

cliffs notes and maybe I weigh in here
 
You must log in or register to reply here.