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I was wrongfully terminated and most of the Lawyers I've talked to said that i have to sue the Union . it that true?

Oceanside, CA |

I was terminated on November 8, 2012. The Union was there and seems they didn't really do anything. The Company said because of previous "so called" falsifying documents which the never proved because I didn't do and they said that I lied about an accident that was means for termination. There was no signed paperwork from the first case that was supposed to be signed. So, they terminated me. The Union said that they didn't believe me and that i was lying. I found out that there was a letter from the Union that said that they would not represent me, because Had an bad attitude. They sent this letter to the Company. Can I also sue the Company?

Attorney Answers 2


  1. If you are an at will employee, your employer can terminate you for any reason or even for no reason. It certainly can terminate you if it believes you falsified documents, even if you didn't and even if you could absolutely prove you are innocent of those charges. As long as the termination was not motivated by the fact that you are in a protected class of people, or because you engaged in protected conduct, you can be fired even if the decision is irrational, unreasonable or based on wholly false facts.

    As to suing the union. That will likely be a non-starter. It is not the entity that fired you. A claim of ineffective assistance by the union will not work either.

    Good luck finding a new job.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. In addition to what Neil said, below is some information on at will employment. Wrongful termination cases are tough to win. You might have some breach of the collective bargaining agreement, that could support a breach of contract. You might be able to sue the union for breach of duty of fair representation, but that's not an easy case to win, especially in San Diego.

    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. http://www.californiaemploymentlawfirm.com/

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