CanI still take legal action against a company for wrongful termination if my union gets my job back?

UPDATED: Aug 2, 2011

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CanI still take legal action against a company for wrongful termination if my union gets my job back?

I’ve had many issues with a number of employees and supervisors at my job. I have brought it up to management many times and failed to resolve any issues. On the day I got terminated I talked to my manager about a fellow employee who continues to verbally assault me at work and he turned around and told me to stop complaining; I took matters into my own hands outside of work and yelled at him next day they accused me of threatening him and I was fired.

Asked on August 2, 2011 California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the union gets your job back, one of the conditions may be indeed that you forego the opportunity, right or privilege of suing anyone for harassment, wrongful termination or any other civil cause of action. You need to talk to your union representative about the options you have and if getting your job back with back pay or simply getting your job back and all negative reporting taken out of your file are options. If this path fails, get the labor lawyer you should have already consulted with get involved on your behalf. Workplace harassment is quite commonplace nowadays and due to the economy, few people really do anything about it though they should. Stand up for your rights and use whatever evidence you have that is in your favor for your benefit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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