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

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. 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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  2. 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.


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


  4. You gotta hire a lawyer ASAP. Here's a little reading on harassment and discrimination:
    http://www.californiaemploymentlawfirm.com/discrimination-and-harassment-overview.
    Typically employees are at-will: http://www.californiaemploymentlawfirm.com/at-will-employment so they can fired at anytime with or without cause. But, there are some exceptions: http://www.californiaemploymentlawfirm.com/wrongful-termination
    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, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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