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Union employee fired

Discussion in 'Unemployment Insurance & Benefits' started by Daadvocte, Jun 25, 2013.

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  1. Daadvocte

    Daadvocte Law Topic Starter New Member

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    Back story: On February 7th, I was terminated with out any prior notice for falsifying company documents and Insubordination. I know that sounds bad but it is not true. 2 years ago during negotiation out new union contract stated all employees being relieved by another employee were entitled to a differential. As a lead it is my responsibility to pay the employees that differential. We had been paying the differential and other managers were sometimes approving it or sometimes clearing it out. This had been going on for about two years (however we didn't know it wasn't being paid ... It was changed so we assumed the managers were paying it). Approximately December 2nd a manager informed me not to pay the differential any more. I informed the manager it was in the contract and the union was fighting that and requested the non payment directive in writing. (Which I never received). So I was terminated (falsifying company documents by changing the differential) (insubordination for paying the differential one more time after I was talked to).

    I applied for unemployment and received it and it was fought by the company however the day before the court date they withdrew their claim.

    The union finally has all the documents they have requested from the company to proceed with step 3 and if that doesn't work then off to arbitration. They seem real confident that I will get my job back with back pay.

    My question: Since I have been on unemployment since February will I need to pay back my unemployment or will my back pay be reduced to cover it or will I just get my back pay back and not have to worry about it.
     
  2. Betty3

    Betty3 Super Moderator

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    If you receive any income while on unemployment ins., you need to inform the UI folks. They will decide what (if anything) needs to be paid back. Generally you can't get UI & income from your employer for the same period of time. (double dip)
     
    Last edited: Jun 25, 2013
  3. Daadvocte

    Daadvocte Law Topic Starter New Member

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    Ok, seems pretty straight forward. On UE I am making the maximum for the state but it is still less then I made while working. If I get my job back can I bring a lawsuit against the company for wrongful termination for rest of the bills/expenses that have been incurred while not working?
     
  4. army judge

    army judge Super Moderator

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    You can bring a lawsuit for anything against anyone at anytime.

    Before you do, I suggest you discuss this with your union. If the termination was in anyway peculiar, the union would have fought it harder.

    But, you can surely sue anyone, even Santa Claus, The Easter Bunny, and God.
     
  5. Daadvocte

    Daadvocte Law Topic Starter New Member

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    The union is fighting it and fighting it hard. The company has just been slow in providing the information requested. All the information is finally in hand and step 3 is finally scheduled 3rd week in July. I just know if the union is able to get my job back i am still not "whole" and financially way worse off. Then I was WH. I was working. That's why I was asking
     
  6. cbg

    cbg Super Moderator

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    It takes more than prevailing in an unemployment claim to have a wrongful term suit. The vast majority of people collecting unemployment were legally fired.

    What law do you believe the employer violated by terming you?
     
  7. Betty3

    Betty3 Super Moderator

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    In at will employment you can be terminated at any time for any reason except a reason prohibited by law (ie religion, gender, race....) or unless you have a binding employment contract or CBA to the contrary.

    However, as cbg asked, what law (or CBA violation) do you believe your employer broke by terminating you?
     
  8. Daadvocte

    Daadvocte Law Topic Starter New Member

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    I was the only person terminated. No other lead was. And to this day there are still other leads who were not informed of this change in policy. I feel I was singled out and for what reason I don't know.
     
  9. Betty3

    Betty3 Super Moderator

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    All employees do not have to be treated the same. It would not be illegal to single you out/discriminate against you as long as it wasn't for a reason prohibited by law. All discrimination is not illegal.

    It seems your union is fighting for you - you recourse is through them.
     
  10. cbg

    cbg Super Moderator

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    Nothing you have posted suggests that any laws were violated.

    I agree that this is going to have to be resolved via your union.
     

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