What is the name of your state (only U.S. law)? AL
I used to work for a very large corporation. I was terminated in May and the reason I was given was performance. There is a great deal of background to my case, but the jist of it is this:
I utilized approved FMLA time & STD time which the company does not like at all. In my department it is performance based and so, after getting written up for one thing or another (forms of retaliation due to an eeoc charge I filed) I had to grieve each unwarranted write up. At the end of April 2010 I had a meeting with my union rep and management to come to some kind of agreement to get my performance back up. In that meeting, I was told how they know I can do the job and that is why they will give me 6 months to get my "numbers up & where they needed to be". They further explained (because I asked for clarity) that I would not be disciplined about performance #'s during that time frame. They were giving me this time to get re-acclimated since I had been out sick on STD. I thought that was so wonderful and I thanked them. Management typed up the agreement and we all signed it.
During the first week in May. The day after coming back from being off on a scheduled vacation day, I was called into an office and advised that I was being let go for performance.
Now the union said they reneged on the agreement. However my local fought it to no avail and the case had to be moved to the state level and may have to go to arbitration.
Can the company get away with reneging on a signed agreement? The same people in management who held my meeting and created my agreement are still holding meetings and creating agreements for employees. What is to stop them from reneging on any agreement whenever they feel? In your opinion, should I be reinstated based on the agreement alone? Don't they have to abide by what they put in writing and is agreed upon by all parties?
I used to work for a very large corporation. I was terminated in May and the reason I was given was performance. There is a great deal of background to my case, but the jist of it is this:
I utilized approved FMLA time & STD time which the company does not like at all. In my department it is performance based and so, after getting written up for one thing or another (forms of retaliation due to an eeoc charge I filed) I had to grieve each unwarranted write up. At the end of April 2010 I had a meeting with my union rep and management to come to some kind of agreement to get my performance back up. In that meeting, I was told how they know I can do the job and that is why they will give me 6 months to get my "numbers up & where they needed to be". They further explained (because I asked for clarity) that I would not be disciplined about performance #'s during that time frame. They were giving me this time to get re-acclimated since I had been out sick on STD. I thought that was so wonderful and I thanked them. Management typed up the agreement and we all signed it.
During the first week in May. The day after coming back from being off on a scheduled vacation day, I was called into an office and advised that I was being let go for performance.
Now the union said they reneged on the agreement. However my local fought it to no avail and the case had to be moved to the state level and may have to go to arbitration.
Can the company get away with reneging on a signed agreement? The same people in management who held my meeting and created my agreement are still holding meetings and creating agreements for employees. What is to stop them from reneging on any agreement whenever they feel? In your opinion, should I be reinstated based on the agreement alone? Don't they have to abide by what they put in writing and is agreed upon by all parties?