I work at Oak Hill Hosptial . I am 54. I have a new supervisor trying to terminate me.I have the Union helping. can you help

Asked about 1 year ago - Spring Hill, FL

She has written me up 3 -4 different time's . She has made me go to meetings at 11am after working 3 night's in a row from 6;30 pm-7:00 am. Then at one of these meets no delagates showed up. i was trying to contact some one to findout what happen. Charlie From Big Office starts intimidating me , I just stay quite.I was just to tired to think . i had to go in the office with out a Rep . they would not call one for me. I got suspended for one day. i would not sign anything nor read anything. The next write up was a direct opposite of the last !
Now the newest is said because i forgot something.

Attorney answers (3)

  1. L. Maxwell Taylor

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . These situations are so miserable, my condolences. The union is what stands between you and the things management is doing. The deal with employment under a collective bargaining agreement is that if bargaining unit members have a beef with what management does they look for their remedies to the grievance and arbitration provisions of the collective bargaining agreement, which generally spells out what must be done. The CBA will usually specify that the member may file a grievance within a certain time frame, often very short, and that if the grievance is denied it will go to another level, and if denied there may go to arbitration. Generally it's the union that has the power to invoke the higher levels of the grievance process, including arbitration. So read your CBA carefully and follow the procedures set forth in the CBA very exactly, especially with respect to the time within which a grievance must be filed. Often there's not much a private lawyer can do, unless the union is refusing to process a grievance for arbitrary or discriminatory reasons, or in bad faith. However, if the matters you grieve are not satisfactorily resolved, AND the union refuses to take it to arbitration, AND you have the right to take it there yourself, THEN a private lawyer may be of some assistance to you. In any event, consult labor-relations counsel in your state if you decide you would like to obtain competent legal advice on which you are entitled to rely.

    This, of course, is not legal advice, as I don't practice law in Florida or hold Florida licensure. It's just my two cents. Consult Florida counsel to obtain legal advice. I practice in Vermont ONLY.

  2. Robert David Shapiro

    Contributor Level 14

    Answered . Typically, unions in Florida are of little help in getting your employer to keep you working if they're looking to get rid of you. You should seek a consultation with a lawyer specializing in representing only workers. It's worth paying a consultation fee to go over all the details of your employment to find out what rights you have. There could be a totally different reason for your employer wanting to get rid of you. For example, you may have a physical condition or medical condition which may worsen in the future and they are worried you'll request some accomodation or perhaps some condition that you could blame on your physical duties of the job thus giving you the right to file for workers compensation. Many times the stated reason is NOT the real reason so it helps to have a lawyer go over your entire history of employment and medical history.
    Robert Shapiro
    advocate1@comcast.net

  3. Marilynn Mika Spencer

    Contributor Level 20

    2

    Lawyers agree

    Answered . I completely agree with Mr. Taylor. I write to add that a private attorney can only help if your employer's actions violate a statute or regulation, such as any of the laws prohibiting on-the-job discrimination based on age or sex, or protecting whistleblowers . If the workplace problem is due to the employer’s dissatisfaction with your work or conduct, the remedy is probably limited to going through the union. Your are fortunate to be represented by a union because most people in this country are not, and would have absolutely no recourse for the things you are describing. Even better, your union is helping. Do whatever you can to help the union help you.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

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