Fired for False Statements

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mules32

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I worked for a grain company for 3 years and never had any disciplinary actions. In March of 2010 our facility voted in a local labor union. There were 7 employees that voted, with 6 in favor of the union, 1 that voted no. I, and another employee, were selected as the union stewards and also were placed on the negotiation committee for the union contract. The management began making things extremely difficult on the employees after the union was voted in. An assistant manager told the employee "Chad" that upper management was out to get him because they believed it was he who brought the union into our facility. Shortly after that, the employee who voted "no" for the union made statements to management that myself and that employee (who management was out to get) illegally punched other workers in on August 10th. He then named many other people who were in the room, and every one of those people made written statements stating they did not see us do it. Then a couple weeks later another employee "Dustin" made a statement with no date in particular said that he saw us do the same infraction. We were fired from our jobs. Dustin who made the second statement a couple of weeks later admitted to the employee "Chad" who was fired with me that he was forced by management to make the statement and he was scared he would lose his job so he made the false statement. Employee Chad actually has the text message that the false statement was made. The labor relations board will not render a decision stating that because the second person came forward (and was originally for the union) that the company acted accordingly by our termination. My question is, since the employee is refusing to admit it to the labor relations board, but has admitted it in writing to the other employee, do we have anything that we could take them to court over? We were terminated on September 10th and I have not been able to find work until recently, I was unable to receive unemployment benefits because the company said they had statements stating we did illegal actions. Thank you in advance for your answer.
 
mules32 said:
I worked for a grain company for 3 years and never had any disciplinary actions. In March of 2010 our facility voted in a local labor union. There were 7 employees that voted, with 6 in favor of the union, 1 that voted no. I, and another employee, were selected as the union stewards and also were placed on the negotiation committee for the union contract. The management began making things extremely difficult on the employees after the union was voted in. An assistant manager told the employee "Chad" that upper management was out to get him because they believed it was he who brought the union into our facility. Shortly after that, the employee who voted "no" for the union made statements to management that myself and that employee (who management was out to get) illegally punched other workers in on August 10th. He then named many other people who were in the room, and every one of those people made written statements stating they did not see us do it. Then a couple weeks later another employee "Dustin" made a statement with no date in particular said that he saw us do the same infraction. We were fired from our jobs. Dustin who made the second statement a couple of weeks later admitted to the employee "Chad" who was fired with me that he was forced by management to make the statement and he was scared he would lose his job so he made the false statement. Employee Chad actually has the text message that the false statement was made. The labor relations board will not render a decision stating that because the second person came forward (and was originally for the union) that the company acted accordingly by our termination. My question is, since the employee is refusing to admit it to the labor relations board, but has admitted it in writing to the other employee, do we have anything that we could take them to court over? We were terminated on September 10th and I have not been able to find work until recently, I was unable to receive unemployment benefits because the company said they had statements stating we did illegal actions. Thank you in advance for your answer.
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You, as is anyone else in this country, are free to bring any legal action at any time.

I don't think you'll prevail, however, by using a "text message".

If the person were to testify, the company's lawyer would bring his inability to tell the truth into question.

Bottom line, saying something is easy.

proving something is very hard.

In this case, I don't think you'd win.

If your proof had been so good, you would have prevailed at your unemployment poroceeding.

That is easier to win than a court case.
 
You might want to file a charge with the NLRB. With the union forming, your termination and the statement from the one co-worker should be interesting for the NLRB to investigate.
 
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