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Can I sue a union for not properly representing me in a termination dispute?

Sumner, WA |

I was recently fired from a municipal corporation for lying during an investigation. The occurence was two weeks earlier and my recollection did not satisfy my assistant manager. They brought up everything in my 8 year personnel file, including a unproved racial incident that was he said-she said. I am white and the union president is black. I also have missed time for FMLA, and was given morew time off under FMLA the day before my termination. My manager told me he was tired of me taking FMLA even though my wife was ill. I have one more hearing tomorrow, I was fired June 4,2009.

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Attorney answers 1

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It can be very difficult to sue union for inadequate representation. Union is not necessarily even required to hire a lawyer to present or argue your case. You have to read your collective bargaining agreement. May well require legal consutation to fully understand your rights. If the allegation of lying in an investigation is true, you have nothing to pursue.

FMLA issue may be different. The FMLA is intended to protect workers who must take leave and qualify under the statute. Either you gave proper notice and legitimately qualified for FMLA benefits or you did not. The FMLA rules can be tricky so care is required.

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