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I was unlawfully terminated. I believe many DOT TITLE 49 PART 40 REGS were violated as well as union contract

Merced, CA |

I have researched the issue thoroughly and believe I have a strong case for damages

Attorney Answers 1


Unless this is a termination based on prohibited discrimination (such as race, religion, age, etc.), then you are required to first appeal your termination through the process specified in the collective bargaining agreement. Under some union contracts that process is your sole remedy. Contact your union rep without delay. Time limits can be very short.

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I filed a grievance in a timely manner a year and a half ago when I was terminated and a board of adjustment hearing was scheduled for 6 months later so I ha plenty of time to prepare my case. I was pre-law at UCLA and a union shop steward for nine years so I knew the contract as well as DOT law. At the Board of Adjustment meeting on Aug 16 2011 the HR Director announced they received an MRO REVERSAL IN MY CASE FROM POSITIVE TO NEGATIVE and he declared the meeting "moot," The negative from the MRO was dated 5/9/11. Why was I not notified back then and put immediately back to work? This is a violation of Title 49 as you know. I passed another return to duty DOT test a month ago and am still not back to work. I think there is a back pay issue here now, plus damages to my mental state as I might be thinking I am in an alternate dimension where the legal system is skewed against drug suspects,

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