Do I have a misrepresentation or discrimination lawsuit against my union or at&t for laying me off under false terms after9 yrs?

Asked almost 4 years ago - Santa Rosa, CA

My title was involved in a company surplus. I was offered a downgraded title through a MOA about 40 miles away. The union chief steward directed all affected not to take the job. The surplus was called off and we were forced to work overtime due to workload. When it slowed, they reimplemented the surplus. They stated the only job opening was over 300 miles away. I declined and was laid off. 6days later they opened over 200 jobs of the downgraded title and re-offered the MOA jobs to all others.I was the only minority and the only union activist on the list. I was the only one laid off. They have hired many tech's off the street. I applied for a position thru monster and was denied. The remaining techs in my old job are still on forced work conditions. They refused to meet on my grievances.

Attorney answers (2)

  1. Justin C. Lowenthal

    Contributor Level 14

    Answered . You must file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing any private lawsuit, and must do so within 180 days of the alleged offense (your termination). Once the EEOC grants you a “right to sue” letter, you may file a lawsuit. EEOC will issue a right to sue letter once it has found sufficient evidence that a civil rights violation has occurred. It is important that you speak with counsel about this matter. I have also provided a link to the EEOC page regarding filing a charge, for your reference. Please feel free to contact me if you have further questions (jclowenthal@lowenthallawfirm.com).

    Justin C. Lowenthal, Esq.

    Disclaimer: The content of this response has been prepared for informational purposes only and should not be construed as legal advice. The material presented is not intended to create, and receipt of it does not constitute, an attorney-client relationship, and readers should not act upon it without seeking the advice of independent professional counsel.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . File timely with the EEOC.

    As an at-will employee, you can quit at any time for any reason, you can be fired for any reason, a rotten reason, or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

    You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

    http://www.avvo.com/legal-guides/ugc/workplace-...

    If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless. Best of luck to you.

    If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.

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