Wrongful Termination in a UAW Shop

[Rolo29]

My question involves labor and employment law for the state of: Michigan. I worked in a UAW shop. I had PTO time to use for any personal things as I so pleased w/o prior auth. Because I had health concerns, I had used my vacation time for my appointments and had also been off on medical leave a few times. This particular time, I checked to see how much PTO I had prior to calling in because of an appointment I had forgotten about that day. (didn't want to be charged for not showing up w/o prior notice) I had ample time and called in. I admittedly was on a last chance, however, since I did have the time I used it. The following day (maybe two) I was called by my union rep and pulled into the conference room. My foreman stated that I didn't have the time. I told him that I did and I wouldn't have called in if I didn't. They asked for the proof that it was medically related and I provided the proof from my physician. They supposedly checked the system and it showed that the time was there, but I was still let go. My union president told me there was nothing he could do, yet I have witnessed people get fired and get their jobs back...even in the Big 3!! I contacted a "union attorney" who told me that I don't need him...that is what the union is for! A friend of mine, whom works for a large auto maker, told me that I should not have been let go, especially for something that should have been excused. He is a union rep and he as seen people with much worse records than mine, without medical conditions, get their jobs back or never get fired.

Was this wrongful? Can I sue this employer? Is there a statute of limitations for this if I can?

[Disagreeable]

You need to file a grievance, citing the appropriate contract articles. Make sure you write in that you reserve the right to amend your grievance, that you wish to be reinstated and made whole for all lost wages and benefits. It must be filed timely. A steward should assist you.

[eerelations]

Your only legal recourse is the union. If you feel your union isn't representing you appropriately, then your next step is to file a complaint with the NLRB. And that's pretty much it.

[jk]

there are a couple points in your post that suggest something else you need to look into; FMLA leave. Regardless what PTO or vacation you had or didn't have, if FMLA was applicable and you had not exhausted your entire allowable time, they still could not fire you for missing the covered lost time. It appears you have an ongoing medical problem so it might be applicable (if the other qualifying requirements are also met)

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

and the reason for the time off must be a qualified reason as well. It must be a serious health condition as defined by the FMLA.

If you think it might apply, either research the topic or post back and it can be discussed further.

[cbg]

FYI, this is not inherently illegal. IF FMLA applies AND IF the employer knew or had reason to know that the reason you were termed was potentially FMLA-related, then you have the potential for a wrongful termination claim. Note that not all medically related reasons are covered under FMLA. In addition to the eligibility criteria above, you or a qualified beneficiary must have, not just a medical reason, but a serious health condition as defined by the statute AND the employer must know that.

Otherwise, you're out of luck unless the termination violates your union contract, in which case you have a contract breach rather than a wrongful term. Your union will be able to assist you with that.

[Mr. Knowitall]

I had PTO time to use for any personal things as I so pleased w/o prior auth.

Really? You could walk out at the start or in the middle of a shift, "just because", no prior notice to or permission from your supervisor?

This particular time, I checked to see how much PTO I had prior to calling in because of an appointment I had forgotten about that day. (didn't want to be charged for not showing up w/o prior notice) I had ample time and called in. I admittedly was on a last chance, however, since I did have the time I used it.

Are you telling us that you were on a corrective action plan due to prior absenteeism, and that you had agreed that with even one more improper absence from work you would be terminated? With you taking the position that if you have PTO you don't need any permission to miss work, even with zero notice, and your employer taking the position that you must clear your absences so that they know when you will be gone and can arrange to cover your shifts?

I have never seen a PTO policy of the type you appear to be describing, where an employee can simply walk off the job on a whim if he has PTO hours, no matter what impact that has on the employer or other employees.

[eerelations]

Doesn't look like OP was telling his employer he was using PTO for medical reasons - even when said employer put him on a last chance plan for excessive absenteeism. So I can see how the employer may not have been aware this could be an FMLA issue. And wouldn't the union have thought of this? And asked OP about it? Seems like OP didn't think it was an FMLA issue either.

[jk]

And wouldn't the union have thought of this?.

well.....

I've worked with very intelligent union folks and a few that one might wonder how they lived this long. Being a union rep doesn't necessarily mean they are smart. One hopes but you know how that goes.

Seems like OP didn't think it was an FMLA issue either

I am continually amazed by questions I see on forums of what I accept as somewhat common knowledge yet the poster is clueless. You have to realize that a lot of people really don't know about FMLA and many other laws even though there is supposed to be posters in the workplace explaining it.

[LawResearcherMissy]

I am continually amazed by questions I see on forums of what I accept as somewhat common knowledge yet the poster is clueless. You have to realize that a lot of people really don't know about FMLA and many other laws even though there is supposed to be posters in the workplace explaining it.

People tend not to read the posters. I'm not sure most people notice them, truthfully. If you ask J. Random Worker about them, they look at you like you've sprouted an extra head, and both heads have zits on the noses.

[eerelations]

I just think there's something a tad suspicious that none of these participants - the OP, his foreman, higher-ups at his employer, his union rep AND his union president - have ever heard of FMLA. I also find it suspicious that the OP was having medical problems so serious they might warrant FMLA and yet he wilfully neglected to disclose this fact to his employer.

(I know, I know, he might not know about FMLA specifically, but you'd think he'd have at least mentioned the medical problems at some point - most people do think they have some kind of job protection if they're sick - especially when they started threatening him with termination. Just sayin' there's an awful lot of holes in this story.)