in 2010 i was wrongfully terminated from a union the union did not follow proper procedure in my termination and the national labor board did nothing to help with my case against them i even wrote to my political representatives about the nlrb and they did nothing to the nlrb even though they were totally biased against me and didn't send all of the documentation in my file only what helped their side not mine. Is there anything that can be done to either the union or the nlrb in this matter.
Employment / Labor Attorney
An unfair labor practice charge against a union must be filed within six months of the improper act. As a federal agency, the NLRB has wide discretion on which cases to pursue and which cases not to pursue. Some of its decisions allow a subsequent appeal; others do not. However, there is no legal claim 9cause of action) I know of which is still viable after so many years. The only thing that might still be open is a claim of fraud, and that is only a possibility. You would have to meet the legal requirements for such a claim; those requirements are based on hard evidence, not on supposition.
twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
1 lawyer agrees
Employment / Labor Attorney
Not now. Even if you had a valid claim, the passage of time has removed any possibility that you could seek a remedy. It is never a good idea to wait years before looking for counsel to address a wrong you believe has occurred.
Good luck to you.
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