Wrongful or Retaliatory Termination of a Union Member
My question involves labor and employment law for the state of: Michigan
So, I have a bit of a story here, and I'm hoping I can find a was to resolve my problem. I was recently "terminated" from my job of 8 years. I believe it is bogus, and maybe illegal?
Here is what happened: One day while working on the job (retail) I had injured my shoulder lifting a heavy item above my head. I didn't realize immediately that I was injured, just that I felt some pain which eased after some time. Eventually as time went on, the pain returned, with increasing intensity. 1 week later, the pain was unbearable, so I approached my manager about the injury. We'll call him "Jack".
(A quick side-note about this manager: Jack is quick tempered and foul-mouthed. He is extremely disrespectful to employees, often degrading them for asking questions, or not being able to complete difficult goals "quickly enough". This is not my opinion of his behavior solely, as all employees under his management have commented on his bad behavior. He has been my manager for the last 8 months. This is information isn't for a legal check, but to help illustrate how the following happened.)
After 3 days of being denied to file an injury report, due to lack of time he claims, I finally notified the Secondary Store director of the situation, and later that night Jack took my injury report down. He also apologized that night for being "mean and snappish". The next day, his attitude was worse then ever! After an incident when I informed him we had a problem in the backroom, he sarcastically replied, "Thanks for that! Yeah, all the machines are f***ing down right now. But really, thanks! Thanks for telling me! I didn't know that already!" This continued with no verbal response from me, at which point I turned away to walk back to my task. He yelled after me, "I'm just being a butthead to you dude! You know I'm kidding, right?"
As I approached my work area, he stepped out to where I was, and began slapping my injured shoulder, saying, "You know I'm just messing with you, right dude?"
I yelped out that he was "slapping my hurt shoulder", and , "Stop!". He didn't stop immediately, but when he did, he simply walked away without word. Needless to say, the shoulder was now numb and my arm ached, my fingers tingling. Pain was shooting from my neck down to my lower-side.
I immediately went to the Secondary store director and told her what had happened, and that I needed to go to the Med-Clinic immediately.
After filing a second injury report concerning this incident, I went to the clinic. The result was: My Trapezius muscle was severly aggravated and the shoulder ligaments were inflamed.
Later that day I filed a verbal abuse and assault grievence with my Union.
OK, so thats the long part of the story. Here is where I need some legal advice:
I was told by many people after I filed with my Union that the Primary store director was a dirty player, and she would find any little reason to try and fire me, because she didn't want to deal with Worker's Comp issues, and most importantly, "Jack" assaulting someone. Apparently Jack was promoted by her in a previous store. She had only taken charge of my store less then 1 month ago. My own Union rep warned me that since "Jack and her are so buddy-buddy, we may have trouble."
Sure enough, the next day she calls me into her office, and tries to "direct deal" with me, which I am told is illegal in Michigan when a grievence is filed through a Union. The offers were: "I'll talk to him, if you let this go." and " If you are'nt comfortable working with Jack, I can help you transfer."
I politely declined, and informed her I was working this through the Union.
I was then called into the Store Director's office 2 weeks after my injury report was made. She said I had destroyed company property and created a hostile workplace. This was due to the fact that I had written on a price Gun. What was written was a fellow employee's name, which maybe mistaken as a homosexual slang word.
2 things concerning this: 1) I was told by both Jack and another manager that we are supposed to write our names on our guns so that they won't be stolen as easily, so I'm not sure how I destroyed anything, especially since the gun still operates, and the name can be removed. 2) If approached by a perverted mind, the name could seem offensive, I'm not splitting hairs. It was his last name, period. No alteration was done with his name.
So, now I am terminated. Do I have any legal recourse? This is an extremely flimsy excuse for termination, and I personally feel it was done because I was injured, and one of her managers are tied to my injury.
Although opinions are respected, I've heard plenty. I need some solid facts on what my next course of action should be, or if there even is any further action I can take.
Thanks for reading!
Re: Michigan- Wrongful Termination?
Your termination was of course a pretext. You were assaulted by him and he was angry you had the temerity to attempt to file an injury claim. Work through your Union for a wrongful discharge grievance.
Or I should ask, does your contract state you can not be fired without cause??
If it does not, then it is time to consult a private attorney.
Your boss makes me sick to my stomach and I don't even know him.
Re: Michigan- Wrongful Termination?
have you filed a grievance about the termination? What did the union rep say about the termination? What did the union rep say abuot the damaging of company property?
You are missing a huge part of the puzzle in your post:
the union.
where are they in all of this? You do need to follow your CBA and it very likely requires you to grieve all of what you are asking about before seeking other means of action.
Re: Michigan- Wrongful Termination?
Quote:
Quoting
jk
have you filed a grievance about the termination? What did the union rep say about the termination? What did the union rep say abuot the damaging of company property?
You are missing a huge part of the puzzle in your post:
the union.
where are they in all of this? You do need to follow your CBA and it very likely requires you to grieve all of what you are asking about before seeking other means of action.
I left out most of the Union info to "try" and keep the post "short". To answer your question, yes I have filed for wrongful termination through my Union, "UFCW", however I have yet to hear from my Union concerning the verbal abuse and assault, and I have not had any follow-up on the wrongful discharge grievence. It has been 3 weeks since Jack battered my shoulder and I filed a grievence on that, no reply from the Union rep as of yet.
I filed my wrongful termination grievence 20 min after my meeting with the store director, and now 4 days later I still have yet to hear anything from my Union.
My regional Union rep has yet to return any of my 3 calls over the last 2 weeks. I am looking into contacting someone else to handle my grievences. So far, considering how much in Union dues I have paid in the last 8+ years, I have had very little support or help from them. This is the reason I am asking what I can do legally. I don't think I will receive any compensation through my Union, so is "now" the time to get a hold of a lawyer? Does anyone think a Lawyer can help me?
Re: Michigan- Wrongful Termination?
At first I was going to ask if Mi is a no fault state, but then I remembered you said they gave you a reason.
So, the only thing I have left based on what's here so far is to ask if there's a person in the union you can complain to about the person in the union you already complained to?
Ya know, like a 'my brother's keeper' kind of dude/chick?
If there is, I'd talk to him/her about the guy/gal you talked to about the firing and injury thing.
If not, then I guess you just hurry up and wait for a little while. Or get an attorney who can do the hurry up and waiting game for you.
Re: Michigan- Wrongful Termination?
Quote:
Quoting
ashman165
At first I was going to ask if Mi is a no fault state, but then I remembered you said they gave you a reason.
What's an "no fault" state mean, if I may ask!!
Re: Michigan- Wrongful Termination?
Quote:
Quoting
BOR
What's an "no fault" state mean, if I may ask!!
Why, it's a state which does nothing wrong. Or, it's the result of me having been up for a couple of days and realizing that I need to sleep.
But, in Washington, there's no requirement that you be given notice of the reasons for termination. And some how the divorce thing came to my mind when I was typing it. *shrug*
My mind is a very scary, cramped space. Stuff invariably gets jumbled up in there. I'll sort it out after I have a nice sleep.
Re: Michigan- Wrongful Termination?
Quote:
Quoting
BOR
Your termination was of course a pretext. You were assaulted by him and he was angry you had the temerity to attempt to file an injury claim. Work through your Union for a wrongful discharge grievance.
Or I should ask, does your contract state you can not be fired without cause??
If it does not, then it is time to consult a private attorney.
Your boss makes me sick to my stomach and I don't even know him.
Just to clarify, Jack did not terminate my employment, that was the decision of the Store Director. Actually, after I filed my grievence on Jack, he was instantly courteous and quiet. Every employee noticed the lack of shouting and the drop in stress in our work area. He apparently was also moved to a different shift.
Now about my Union contract concerning Just Cause for termination, I qoute:
Part 1: "The Employer shall have the right to discipline, demonte or discharge employees for just cause. Any questions surrounding discipline, demotion or discharge may be processed by the Union through the grievence procedure."
"The company will pursue discipline, demotion or discharge with reasonable promptness."
Part 2: "Every reasonable effort shall be made to schedule and hold grievence meetings during the scheduled working time of the aggrieved employee and the aggrieved employee's steward when their schedule coincide."
So what we have here is a flimsy pretext (in my opinion) for termination, and a grievence for assault and verbal abuse on record that has been open for over 3 weeks without a meeting between myself, my steward and the store director. Yet, the store director found the time to meet about my "destruction of property and creating a hostile workplace", and push that info through HR, and 5 days later schedule another meeting to inform me that my employment has been terminated.
Re: Michigan- Wrongful Termination?
Quote:
Quoting
BOR
What's an "no fault" state mean, if I may ask!!
I believe he is thinking of the, "at will" clause for employment in Michigan, as well as many other states. It basically means that an employer may terminate employment for any reason, as the employee works "at will" for the employer.
The only exception to the rule is if the discharge or demotion is a retalitory action (e.g. Insisting on a safe workplace), or based off of discrimination.
In my case, I do not think that it applies, as I am part of a collective bargining unit, the UFCW (Union).
Re: Michigan- Wrongful Termination?
Quote:
Quoting
ashman165
Why, it's a state which does nothing wrong. Or, it's the result of me having been up for a couple of days and realizing that I need to sleep.
But, in Washington, there's no requirement that you be given notice of the reasons for termination. And some how the divorce thing came to my mind when I was typing it. *shrug*
My mind is a very scary, cramped space. Stuff invariably gets jumbled up in there. I'll sort it out after I have a nice sleep.
Oh you mean an "at will" state, I see.
Some states though, if they have service letter laws, do mandate the employer give a reason for termination. Unknown if WA is one.
If you file suit OR sign up for unemployment, the reason must be crystal clear the employer gives.