Wrongfully terminated & union very slow

[sosodone]

What is the name of your state (only U.S. law)? al

Hi, I was wrongfully terminated back in May due "performance". However, it was actually due to approved fmla leave & retaliation. A month after I was dismissed my union failed to get my job back. The eeoc charges against the company finally were determined that the company was at fault and wrongfully terminated me. However, the wheels of justice are turning quite slow because they are still working on fully completing the case. The day after I was fired I retained an attorney who has quite a lot of experience suing this company and winning. He is sure I will be getting a large settlement or if goes to trial (ruling). I recently found out that the union sent my grievance to the state level and there is a meeting coming up within the next week. My question is, with the company being notified that they were found guilty with the eeoc charge, would they be more apt to offer me my job back? Or do you think that they would rather battle it out in court. Although I would be looking at six figures my attorney says, I would just like my job back with back pay etc. What do you think the company will do?

Thanks!

 

[pattytx]

Of course, your attorney is telling you you'll get a "large settlement"; you wouldn't have hired him if he hadn't.

Did the EEOC actually say the employer was "guilty" of illegal discrimination, or did they just send you a right-to-sue letter? Two different things.

How would we know "what the company will do?" The FA crystal ball is out for recalibration. Or SJ has it.

 

[commentator]

And I certainly wouldn't look for them to hire you back. It makes no sense to have someone running around my company who thinks they're unfireable because they've already sued the company and gotten them to back down, and the company doesn't need its employees to think that all they'll have to do is figure out a way to sue and they too, could receive "a large settlement."

EEOC issues go very slowly. That's a downside for the former employee. Did you get approved for unemployment insurance in the meantime?

But my bet is that you'll probably have to wait it out and fight it out, not that they'll suddenly say all is forgiven, come on back, we screwed up!

 

[cbg]

And of course, the EEOC is NOT the regulatory agency for FMLA issues!

 

[pattytx]

And of course, the EEOC is NOT the regulatory agency for FMLA issues!

Good catch, I completely missed that the termination was presumed to be an FMLA violation.

 

[cbg]

That's why I'm the HR person and you're the payroll person.

 

[pattytx]

That's why I'm the HR person and you're the payroll person.

Evidently.

 

[sosodone]

Knowing the difference...

I understand it's hard for you all to give advice without having the whole story. Knowing how intricate these cases are, it is hard to write everything out. The charge I filed with the eeoc had nothing to do with fmla, it had to do with the hostile environment and retaliation since I filed. The first charge against the company, after investigation I received a right to sue letter. Once I was wrongfully terminated several months later, I filed another charge, and that is the one where after investigation they determined the company to be at fault. No right to sue letter (determination in my favor...I am aware of the difference)

It is not about a lawsuit lottery or anything like that. As I stated, I would prefer my job back. Unfortunately some big corporations treat their employees terribly after they return from an excused fmla absence, and place a target on their back. That is so unfair and they stoop to all kinds of low.

I know you all don't know what the company will do in my case. I was just looking for your advice and what direction you might think they may go in.

Oh yeah, I actually hired my attorney, because he had a free consultation and he does not get paid unless I do. And no matter what if anything I get, it is all about the principle of the matter. I was wrongfully terminated and being the type of person I am, (community leader, union background, activist) I fight for what is right.
Thanks

 

[cbg]

I do not mean this rudely or nastily, I really don't.

But how do you expect us to give you accurate information or informed advice, if you admittedly did not give us all the information?

(P.S. The line about the lawsuit lottery is her signature and was not directed at you specifically.)

 

[sosodone]

I know that the quote is a part of the signature. Are you all serious. Of course whoever posts on here, in hopes of getting some advice, is going to try to post all the vital facts of their case, compressed into a few paragraphs. That is what I meant. I know my case file, with my documentation of everything is well over a hundred pages. There is noway you all can have the full picture of all that happened. I just want to give an overview of the situation and then ask for your advice.

From the posts of other threads I am reading, it seems that a lot of advice is not only sarcastic, but it seems like there is an actual attempt to try and catch the poster out there. (Not sure why the overall negative feel on here)

Thanks anyway for taking the moment to reply. I do appreciate it.

 

[pattytx]

OK, let's try again.

What is your wrongful termination suit based on? The employer firing you while you were on FMLA or because you asked for FMLA? Or because of illegal discrimination based on your Title VII characteristics? Which?

 

[cbg]

I am very serious. By your own admission you have not given us all the facts of the case, yet you expect us to be able to give you advice? How can we do that if we don't know what's involved?

There was no attempt to "catch you out". The only information you gave us was that FMLA was involved, and that you had applied to the EEOC. Well, based on that information, the only advice we could give you is that you'd applied in the wrong place. Do you see what I mean?

 

[sosodone]

I do see what you mean (cbg) Thanks

The eeoc charge is based on the illegal discrimination based on Title VII characteristics. I was told by the eeoc investigator they were determined to have fired me based on retaliation.

I just wanted some advice if in your opinion, would a company- any company opt to go to court rather than reinstate someone? Do they even have that option? Although it is just the findings of the EEOC, should not the union be able to use this as some form of leverage to try and negotiate my job back?

Thank You!

 

[cbg]

We can only answer that question in very general terms because every company is different. Some will; some won't. It depends on the facts of the case; whether or not the company knows they were wrong or honestly believes they were right; whether they figure the legal costs will exceed any settlement they might make (even "go-away" money if they believe they're right but just want it over) and any number of other variable factors.

Without knowing the facts of your case, it's impossible to even guess.