As a union member, I filed breach of contract against my former employer for termination without just cause specifically for

Asked almost 2 years ago - San Jose, CA

discrimination, retaliation and defamation. Can the the defendant use the LMRA Section 301 to preempt my case as justification for its removal to the federal court?

Attorney answers (4)

  1. A Melissa Johnson

    Contributor Level 15

    3

    Lawyers agree

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    Answered . Claims such as yours can be very complicated, depend on a number of factors and they typically require the assistance of an experienced attorney in order to properly maneuver through court. You should consider talking to an attorney who is experienced in handling employment matters. The California Employment Lawyers Association (CELA) or AVVO is full of highly qualified lawyers.

  2. Steven Mark Sweat

    Contributor Level 19

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    Lawyers agree

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    Answered . Probably yes. You should hire an attorney in San Jose who deals with Union employment cases immediately. There are ways to get it back into state court. Act ASAP as there are strict time deadlines that cannot be passed or you will lose your rights.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. Nicholas Basil Spirtos

    Contributor Level 20

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    Lawyer agrees

    1

    Answered . Go get yourself a union attorney. Your union rep might be able to give you a referral.

  4. John Francis Mccarthy

    Contributor Level 10

    Answered . You gotta hire a lawyer ASAP. Here's a little reading on harassment and discrimination:
    http://www.californiaemploymentlawfirm.com/disc....
    Typically employees are at-will: http://www.californiaemploymentlawfirm.com/at-w... so they can fired at anytime with or without cause. But, there are some exceptions: http://www.californiaemploymentlawfirm.com/wron...
    Typically, harassment, discrimination etc. are outside of traditional labor laws. But, you need to make sure that you exhaust your administrative remedies (including those within the Union) before filing suit, otherwise, they can kill your claim on that ground. Hire a lawyer.

    The information on this website is for general information purposes only. Nothing on this or associated pages,... more

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