Wrongful termination re: Arbitration vs Civil Suit???

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Latest post 05-30-2007 4:39 PM by nocode56. 6 replies.
  • 05-18-2007 5:09 PM

    Wrongful termination re: Arbitration vs Civil Suit???

    Am a Union RN and was "wrongfully terminated" and "denied due process" back in April. This case absolutely proves a "witch hunt" to get me to quit ...which I refused and was subsequently fired.

    Contacted my Union Rep who has been representing me prior to and since. Termination Grievance was filed.

    Initially he stated that the best case`scenario would be that I would be reinstated and have "lost wages due to termination" paid. He stated that the Union did not provide for "damages".

    He told me that at any time I could "release the Union" from representing me since being terminated, but that he had an obligation to "get to Arbitration" despite my no longer being a Union member.

    After today's meeting and finally seeing that management had ABSOLUTELY "no smoking gun" supporting their action, he has stated that we will "stand firm" in our grievance and proceed to Arbitration BUT THEN ADDED.......I will speak to them privately after our next meeting and suggest that if they "offer a settlement" and "remove the terminaton from my record" he will see if I "would be agreeable to just resign"..........

    We are talking about falsifying information, out and out lying, harassment, age discrimation, slander and defamation of my professional character.....at what point do I or should I seek legal counsel??

    And what type of lawyer would best be suited?
  • 05-18-2007 9:04 PM In reply to

    re: Wrongful termination re: Arbitration vs Civil Suit???

    You would need to provide much more detail.
  • 05-18-2007 10:48 PM In reply to

    re: Wrongful termination re: Arbitration vs Civil Suit???

    Specifically what further information would you like? I was never properly processed according to Union Contract regarding any of the alleged complaints/accusations.....it went immediately to a 2 day suspension. An additional day of suspension was given for same alleged infraction after being allowed to return to work but I was paid for that day due to "double jeopardy" per the Union.

    All alleged complaints were proven to be trumped up and pertinent, factual information deliberately omitted to support managements position. Realizing that they (management) didn't have any supporting evidence for the suspension, they then terminated me based on "grave evidence found in a 3 hour surveillance tape" of the patient in question, supporting their stand that I was "insensitive to a patient's dignity, privacy and hospital's standards of care".

    This 3 hour surveillance tape partially "accidently got erased" per management's report before we could view it, and the entire tape evidence shown to us consisted of this patient sitting in a wheelchair, covered in a blanket, talking on her cell phone while waiting to be seen by the doctor for a duration of 1 hour and 11 minutes.

    She was ultimately seen by the doctor and discharged home without any interventions.

    I am just curious why now the Union rep is talking of a "settlement" offer he intends to make to management to just "get me to go away"??
  • 05-19-2007 10:51 AM In reply to

    re: Wrongful termination re: Arbitration vs Civil Suit???

    In non-union cases, employers do not have to follow the grievance process they spell out in their manuals...they can do as they please, including cutting out steps. Only your union rep can give you advice on what they can and can not do, based on the contract.

    Without knowing what your rep knows, they may be thinking that it is not worth their time, or that you do not have a strong case.
  • 05-19-2007 1:48 PM In reply to

    re: Wrongful termination re: Arbitration vs Civil Suit???

    On the contrary, I am now getting the confirmation from my Union Rep that Management has absolutely NO CASE against me, has violated the Union contract in several instances and he is therefore going to suggest a settlement offer from management to just get me to go away and avoid the Arbitration process in which he seems confident that they will lose.

    My question then becomes....if the Union Rep has become that convinced that management will lose should we go to arbitration, would I not be better off releasing the Union and going civil for a larger and more meaningful suit against them?
  • 05-20-2007 5:18 AM In reply to

    • cbg
    • Top 25 Contributor
    • Joined on 12-21-2000
    • MA
    • Posts 6,836

    re: Wrongful termination re: Arbitration vs Civil Suit???

    Not necessarily. You may have a claim for breach of the union contract, but that does not necessarily mean you have a valid wrongful termination claim. If your termination was legal under the law, even if it violated the union contract, then without the union you would have no case at all.
  • 05-30-2007 4:39 PM In reply to

    Question [=?] re: Wrongful termination re: Arbitration vs Civil Suit???

    What constitutes "legal" termination? I understand that an employer does not need a reason to fire you in California, but does harassment, false accusations of job performance and near daily discrimination from management occur in an effort to get someone to quit is that legal?
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