How can I get my job back if I filed a grievance withmy union?

UPDATED: Apr 12, 2011

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How can I get my job back if I filed a grievance withmy union?

My friend and I were fired from our job. So we went ahead and filed a grievance with our union. Shortly after our company heard about it they went ahead and cut a deal with my friend but I was left without a job. Now no company in the union will hire me. I was wondering if there is anything that can be done to help me get my job back?

Asked on April 12, 2011 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, you need to take a look at your union agreement or contract--whatever procedures or rules it contains about termination, grievances, etc. will control.

Second, if under those rules you should have been treated differently but weren't, you can and should first ask your union (e.g. union rep) why you received the treatment you did. If you don't get an answer or get one you don't agree with, it's possible the union and/or company has violated the collective bargaining agreement and you should contact the Natioal Labor Relations Board (NLRB).

Third, if you believe you have received unfavorable treatment because of a protected characteristic--e.g. your race, sex, religion, disability, age over 40--you may have an employment discrimination claim and can contact the state or federal dept. of labor.

Finally, if you believe you were retaliated against owing to filing some protected claim or complaint (e.g. a wage and hour complaint), that may be in violation of the law, and again, the DOL may be able to help.

You could also consult with an employment attorney; if you do, bring a copy of all agreements (including union agreements) and correspondence with you. Good luck.

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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