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As a union member, I filed breach of contract against my former employer for termination without just cause specifically for

San Jose, CA |
Attorney answers 4

Posted

Probably yes. You should hire an attorney in San Jose who deals with Union employment cases immediately. There are ways to get it back into state court. Act ASAP as there are strict time deadlines that cannot be passed or you will lose your rights.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

Posted

Claims such as yours can be very complicated, depend on a number of factors and they typically require the assistance of an experienced attorney in order to properly maneuver through court. You should consider talking to an attorney who is experienced in handling employment matters. The California Employment Lawyers Association (CELA) or AVVO is full of highly qualified lawyers.

Arkady Igor Itkin

Arkady Igor Itkin

Posted

Talking to an attorney would definitely be appropriate as this is a complex issue. However, the general and short answer to this questions is this: in most case discrimination claims under ADA or FEHA are not pre-empted by LMRA, and so is defamation, unless the union agreement "clearly and umistakeably" provides that your specific kind of discrimination claims is pre-empted. If the employer files a motion to remove and/or dismiss based on LMRA, you will have to file a motion to remand or an opposition to motion to dismiss in order to deal with this issue. No one should handle this without proper representation. Thanks, Arkady Itkin

Posted

Go get yourself a union attorney. Your union rep might be able to give you a referral.

Posted

You gotta hire a lawyer ASAP. Here's a little reading on harassment and discrimination:
http://www.californiaemploymentlawfirm.com/discrimination-and-harassment-overview.
Typically employees are at-will: http://www.californiaemploymentlawfirm.com/at-will-employment so they can fired at anytime with or without cause. But, there are some exceptions: http://www.californiaemploymentlawfirm.com/wrongful-termination
Typically, harassment, discrimination etc. are outside of traditional labor laws. But, you need to make sure that you exhaust your administrative remedies (including those within the Union) before filing suit, otherwise, they can kill your claim on that ground. Hire a lawyer.

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