Fair representation?

Question

I went to a lawyer blog website to find out if there are issues of a Union and fair representation. The lawyers that blogged in say I have no case. I find this hard to believe. I have an ongoing issue of harrassment with a coworker that lies to the UAW President and tries to get me in trouble. She has interrogated people I speak to and has spread malicious lies about me. The bad part is the UAW President is siding with her. When she makes a complaint and lies he will interrogate my supervisor and superintendent in an attempt to get them to say something he can use to get me in trouble. So far they have been honest and said I have no problems. This has been ongoing. When I have a complaint the UAW President shrugs it off and says he spoke to her and she said she didn't do it. I went to the HR dept. and was told that if I filed a complaint it would only make things worse. I am at my wits end. Any lawyers here who could help give some advice?

Answer 1

Sorry to add to the list -- but from the facts you list, you don't have a legal case....

You would have to prove that the person (coworker) was lying -- that her statements are factually false, and not just her opinion -- and that she published those statements in a context where she was not being asked for her opinion -- and that her statements (alone) were responsible for direct harm that you suffered.

Even if you could prove all those things, it would be a long and expensive lawsuit, and you would likely get very little in the way of damages.

Answer 2

First thing to do is keep a journal of each and every incident and a short synopsis of what was talked about between you and anyone involved. Be sure that you discuss these incidents with your supervisor and HR giving them copies of your journal and following up your discussions with them with an email or short memo thus proving that you have taken the correct steps in the chain of command to try and rectify the situation. I went through this with my last employer and because things were documented a civil case was won resulting in over $200,000 in compensation plus we all got unemployment.

What you are describing could be considered a hostile work environment, to say nothing of bullying. The EEOC is making changes in these areas. I have listed the EEOC link and the Employment Law Information Network.

Too often MANY attorney's do not like to take these kinds of cases unless there is BIG dollars in it and they won't tell you that they are inept in employment law. The case above was done ENTIRELY without outside legal counsel.