I worked in a chemical factory. The conditions were terrible, unsafe, and management was abusive. But it was close to home and paid slightly better than other work, so I stayed. A few months ago, workers got together and voted to bring in a union. The company fired the man who organized the union vote 3 weeks later. It is now 6 months later, and the union is starting negotioations with the company but things are going slow. I spoke up defending the man who got fired, and told managers I was in favor of getting the union into the plant. I was just fired. I have never been late, or absent ever. Last week, my car would not start. I called into the plant that I would be 30 minutes late. I arrived 30 minutes late, for the first time in 16 months, and the manager knew in advance I had car trouble. I was fired for "absenteeism and lateness". But I know the real reason is that they wanted to get rid of another union supporter. What can I do? What should I do?
2007-07-30 11:05:33 · 12 answers · asked by GPSMAN 2 in Politics & Government ➔ Law & Ethics
More info: I did file for unemployment benefits. I was told one lateness in 16 months would not disqualify me in any way. The Nation Labor Relations Board is opening an investigation, and the Union I 'tried' to join does support me. However, I could be out of work for months during the whole process.
2007-07-30 11:24:23 · update #1
Companies faced with union don't play nice, neither should you at this point. Contact the union and let them know what happened, they can use this sort of thing to their favor and yours with resources you don't have. Then call an attorney (if the union doesn't provide you with one, and they may). In a case like this where there is a possible settlement you will probably find one willing to work on contingency. Then get your letter writing skills ready and prepare your statement. If you retain an attorney be sure to run this by them, but then send the statements to your local papers and news stations. Unions have their problems, but they have their benefits as well. Apply for UE, and be prepare to appeal that as well. If they fired you for a reason, they have to be prepared to prove that reason is valid. Even if you are in an at will employment state, if they state a reason for termination they have to be able to back it up. Most companies have a written policy regarding misconduct. ie 1 verbal warning, one written warning then termination etc. They are usually accompanied by time frames such as within 90 days. In this case they have to be able to show the succession of warnings as outlined, and if there were timeframes stated, that all of the offenses occurred within the prescribed timeframe. Or that other employees were also late the same number of times or more and retain their employment. If they cannot you win. This will be the basis for action regarding your dismissal.
I am not an attorney, you should contact an attorney for best results in this.
2007-07-30 11:25:28 · answer #1 · answered by Morgan M 5 · 3⤊ 0⤋
that sounds like what is called an "unfair labor practice"
(still against the law even if you live in a right to work state)
you should get together with the others who were fired and contact your local union, if you haven't already done so. the union has lawyers that will help you! (for free)
EDIT-
sounds like you are on the right track. hang in there... righting this situation will likely take years, but regardless of the outcome, odds are you will come out of it a stronger person
2007-07-30 11:28:39 · answer #2 · answered by Anonymous · 3⤊ 0⤋
The union, that you voted to bring in, most definitely has a bank of lawyers that are all very well versed in labor law. Even if they aren't officially affiliated with your company yet, they may still be willing to listen to you. If they can't help you, they will certainly be able to steer you to someone who can. There are laws against retaliating against an employee for showing interest in a union.......and there are union attorneys who love to take on those cases.
2007-07-30 11:20:17 · answer #3 · answered by BroncoFan_17 4 · 3⤊ 0⤋
it all depends on the situtation. it depends on where you live and what the laws are there and what the rules of your work is.
i'm a massage therapist and one spa has a rule that if you try and unionize you will be fired. i also live in an at will state in california...you can be fired for any reason at any time. i know this all to well! i have been fired on several occassions for speaking up to management about situations.
do research on the labor laws in your state and if you still feel you were fired wrongly, then talk to a lawyer.
2007-07-30 11:16:26 · answer #4 · answered by sad tad 2 · 1⤊ 0⤋
it is often maximum suitable to attempt and win the cooperation of employers in commencing a Union on your place of artwork. As to your ideal to style a Union, the United countries Human Rights shape states that each and each physique workers have a ideal to style a Union for the merchandising of their wellbeing. the united statesA. has signed the U.N. shape and via default North Carolina is definite via the form. it is maximum suitable to ask a longtime Union such because of the fact the Teamsters to start a financial disaster, this brings the journey and enterprise skills of such a longtime Union, in spite of the shown fact that it is often maximum suitable to tutor good faith to the business company and sound out his perspectives approximately Union enterprise.
2016-10-01 01:25:09 · answer #5 · answered by hughart 4 · 0⤊ 0⤋
I don't know about the laws in your state, but if it a "right to work state," they can fire you for any reason (and no reason) as long as it's not because of the usual reasons (race, religion, etc.)
However, you can probably get unemployment if you do not have a recorded history of absenteeism and lateness. If you do, you are out of luck.
2007-07-30 11:11:14 · answer #6 · answered by wooper 5 · 3⤊ 1⤋
File for unemployment and make them bleed. You will either:
- Force them to lie through their teeth to fabricate cause for firing you (and you should be able to catch them readily if they do)
- Force them to own up to the real reason they fired you (Lawsuit!)
- Force them to totally concede to disbursing your benefits if they don't want the truth to come out
2007-07-30 11:17:46 · answer #7 · answered by Navigator 7 · 2⤊ 0⤋
{I was fired for "absenteeism and lateness} You state that this is the reason your were terminated. The employer had every right to terminate you under the conditions you have stated. Sorry good luck
2007-07-30 11:14:53 · answer #8 · answered by Jan Luv 7 · 1⤊ 2⤋
If you are a union member, then contact your union representative and get them involved, file a grievance and follow the chain of events taht shoudl happen.
If all else fails, contact the AFL-CIO and see if they can help directly
2007-07-30 11:12:05 · answer #9 · answered by Michael H 7 · 0⤊ 2⤋
Sorry, you're history. If you are an "at will" employee you can be terminated at any time, for any reason, or no reason at all.
2007-07-30 11:11:55 · answer #10 · answered by Barry auh2o 7 · 2⤊ 1⤋