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  1. #1

    Default Will Future Employers Find Out That You Filed a NLRB Complaint

    My question involves labor and employment law for the state of:

    I was terminated per the paperwork for misconduct with HR saying to me in a follow-up call that I could apply for jobs though it maybe difficult to get re-hired. After working my network and with several calls and written letters to HR and others at this firm, I received a strongly worded letter from this firm asking me to cease and desist all contact including
    - my personal contact
    - anyone contact them on my behalf
    - any contact via any communication mechanism

    to obtain re-employment at the firm.

    I have spoken with the NLRB as I believe I have a claim.

    Questions:
    Would contact from the NLRB constitute a contact that meets the criteria of the cease and desist letter?
    Would future employers background search show a claim made at the NLRB ?
    Would showing a claim at the NLRB hurt my chances for future employment?

  2. #2
    Join Date
    Mar 2013
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    16,859

    Default Re: Contacting Employer

    Quote Quoting DogDays5400
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    Would contact from the NLRB constitute a contact that meets the criteria of the cease and desist letter?
    What meets the criteria of the cease and desist letter is anything your former employer says it is.
    Quote Quoting DogDays5400
    View Post
    Would future employers background search show a claim made at the NLRB ?
    Doubtful.
    Quote Quoting DogDays5400
    View Post
    Would showing a claim at the NLRB hurt my chances for future employment?
    It could, if your former employer was contacted and revealed that you made a claim with the NLRB

    Frankly, I think you are wasting your time. There's probably no way those people are ever going to rehire you. Find yourself another job and, if you want to keep it, learn not to push back against your employer.

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
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    2,885

    Default Re: Contacting Employer

    OMG!!! You just can't leave it alone! Buddy, you are never going to get a job with this company again!

  4. #4

    Default Re: Contacting Employer

    Thanks I am looking for inputs. An employment lawyer who is a friend and the NLRB verbally believe the contact will be ok. Who can I get a commited confirmation that is legal and does not put me in jeopardy of getting a record?

  5. #5
    Join Date
    Mar 2013
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    16,859

    Default Re: Contacting Employer

    Quote Quoting DogDays5400
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    Thanks I am looking for inputs. An employment lawyer who is a friend and the NLRB verbally believe the contact will be ok.
    Will that lawyer work for you for free?

    Quote Quoting DogDays5400
    View Post
    Who can I get a committed confirmation that is legal and does not put me in jeopardy of getting a record?
    Nobody.

    While the "contact" may be OK, the long term consequences might not be.

    So let me ask you this:

    What is your goal? What do you want to accomplish? Do you want to be rehired? (Never gonna happen.) Do you want to bring the wrath of the government down on your former employer for some perceived ills? (Unlikely.) Are you planning a lawsuit?

    There is always some risk involved when you try to get revenged on a former employer.

  6. #6

    Default Re: Contacting Employer

    I did some research and it looks like there is precedence for my issue thou the NLRB will not give a pre-analysis without filing a charge. Is there someone who could do that type of pre-review analysis to give a idea on the likely success?

  7. #7
    Join Date
    Mar 2013
    Posts
    16,859

    Default Re: Contacting Employer

    If you don't answer questions here, you don't get helped. They are asked for a reason. Let's try again.

    What is your goal?

    And what is your "issue"?

  8. #8

    Default Re: Contacting Employer

    Yes I realized as I re-read it The highest goal is to get salary with benefits repayment for a period of time and my job reinstatement. I expect there will be less than that obtained. This is what I want to accomplish. I have no ill-will towards the company.

  9. #9
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    186

    Default Re: Contacting Employer

    doggie, the NLRB has extremely little to do with "at will" employees, forget it.

    Cease and desist is exactly what it means. A potential employer/NLRB can call for a reference/questions, that is not contact by you.

    Were you under a contract, or at will?

  10. #10
    Join Date
    Mar 2013
    Posts
    16,859

    Default Re: Contacting Employer

    Quote Quoting DogDays5400
    View Post
    Yes I realized as I re-read it The highest goal is to get salary with benefits repayment for a period of time and my job reinstatement. I expect there will be less than that obtained. This is what I want to accomplish. I have no ill-will towards the company.
    OK, now answer this one.

    What bad thing did your former employer do to you that makes you think you are entitled to money and reinstatement?

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