Giving up civil right to regain employment?

[4rights]

What is the name of your state (only U.S. law)? Ohio

Hello,

I was terminated over an aledged work procedure. Im union. We are going to arbitration over the matter. Also I have an EEOC claim at the same time of disability,age discrimination against this employer. The two are seperate cases. The state of Ohio determined I was terminated without just cause and I recieved unemployment benefits.

The company has made an offer to bring me back to work if I stop my pursuit with the EEOC against them. Instead of going to an arbitration hearing, the union has accepted that offer in my behalf. If I accept it then I give up my claim with the EEOC (which has nothing to do with my termination issue) and Im put right back into the situation of discrimination I left and they give no account for it and nothing is done about those working conditions etc.

If I decline the offer, the union tells me then Im on my own with no job. So it all boils down to my EEOC claim which is a seperate matter from my termination case.

My question is does the union have a right to use my EEOC case as a negotiation tool for the unrelated issues of my termination? How does that even get pulled into the union case? As it stands I have to give up my right to pursue discrimination to get my job back which has nothing to do with it.

Shouldnt the case be solely on the grounds of why they terminated me and wether it was right or wrong based on the facts and issues related to that?

Thanks

 

[army judge]

What is the name of your state (only U.S. law)? Ohio

Hello,

I was terminated over an aledged work procedure. Im union. We are going to arbitration over the matter. Also I have an EEOC claim at the same time of disability,age discrimination against this employer. The two are seperate cases. The state of Ohio determined I was terminated without just cause and I recieved unemployment benefits.

The company has made an offer to bring me back to work if I stop my pursuit with the EEOC against them. Instead of going to an arbitration hearing, the union has accepted that offer in my behalf. If I accept it then I give up my claim with the EEOC (which has nothing to do with my termination issue) and Im put right back into the situation of discrimination I left and they give no account for it and nothing is done about those working conditions etc.

If I decline the offer, the union tells me then Im on my own with no job. So it all boils down to my EEOC claim which is a seperate matter from my termination case.

My question is does the union have a right to use my EEOC case as a negotiation tool for the unrelated issues of my termination? How does that even get pulled into the union case? As it stands I have to give up my right to pursue discrimination to get my job back which has nothing to do with it.

Shouldnt the case be solely on the grounds of why they terminated me and wether it was right or wrong based on the facts and issues related to that?

Thanks

You seem to be confused.
I'll try to offer some insight.
Your union can't make you do anything.
They're working on your behalf to resolve a grievance.
They appear to have negotiated a deal.
The deal has you giving up your EEOC claim, and your employer will rehire you.

If you agree to it, there are some inherent risks.
Those risks work both ways.
Your employer could rehire you, and then terminate you or lay you off.
The deal won't provide you with any special immunity, or guaranteed employment.
They can hire you, and 30 minutes later, lay you off!

You can get rehired, and claim to have dropped the EEOC complaint, but by law; you can't deal away a legal right.
In fact, this deal might be illegal by its very nature.
I don't know why any employer would even agree to such a stupid deal.
I also don't know why your unuon thinks its such a good deal, either.

You might want to speak with a couple of local attorneys about this matter.
The initial consultations are normally free.
Whatever you do, don't go to a lawyer that the union recommends.
Ask your friends and family for lawyer referrals.
You want an independent and unbiased opinion.

If you were my client, (and if you had a solid EEOC claim), I'd recommend that you refuse the deal.
You could be terminated after being rehired for anything, anything!
You could be laid off, in this economy that is highly likely anyway, irrespective of your current situation!

You might also want to speak with an EEOC representative about this "deal".
The EEOC won't like what you've been told.
As I said, depending on the EXACT terms, it most likely isn't legal!

Bear in mind, that I am assuming things are as you've related.
I don't have all the information in this matter.
That is why you need to speak with an attorney that is working ONLY for you!

 

[4rights]

Thanks for the reply army judge. I contacted the EEOC investigator and he said he wants to see the written deal first. Also suggested I consult an attorney of course. Basically from what I understood, he said companies and unions can write up all kinds of "deals" etc., but ultimately the EEOC is the federal gov and they determine if my legal right to pursue my discrimination can be "dealt" away or not.

 

[army judge]

Thanks for the reply army judge. I contacted the EEOC investigator and he said he wants to see the written deal first. Also suggested I consult an attorney of course. Basically from what I understood, he said companies and unions can write up all kinds of "deals" etc., but ultimately the EEOC is the federal gov and they determine if my legal right to pursue my discrimination can be "dealt" away or not.

Hmmm, where did I hear that before? Oh yeah, that's what I said!

Anyway, good luck. Talk to an attorney. If you think you have a good case, don't ruin it.

 

[4rights]

Thanks, Im trying not to ruin it, but im really in a pinch and it seems impossible to get the right people to hear and listen, so frustrating. I understand people have alot on their plate and its simply just overwhelming for them to dig into every single detail etc., but it just leaves us out in the cold, what a world huh? bah

Anyway who should I contact in regards to a union I feel is not representing my best interests etc? Would that be the NLRB? Im not 100% sure,

 

[army judge]

Thanks, Im trying not to ruin it, but im really in a pinch and it seems impossible to get the right people to hear and listen, so frustrating. I understand people have alot on their plate and its simply just overwhelming for them to dig into every single detail etc., but it just leaves us out in the cold, what a world huh? bah

Anyway who should I contact in regards to a union I feel is not representing my best interests etc? Would that be the NLRB? Im not 100% sure,

You may not have any recourse with your representation.
These things take time, lots of time.
The government is involved.
It is huge, bureaucratic, and pretends to care.
Give this some time.
These cases can take years.
The first case I ever tried was an employment discrimination case.
It took five years before my plaintiff got justice,
EEOC cases can more time than some social security or veterans claims.
But, you could speak with the NLRB.
I'd wait until the EEOC investigator got back with you.
Too many cooks can spoil the broth.