I was demoted at work after returning to my job following cancer treatments. We have quarterly report cards which show I was at number four in our district of 12 stores when this happened. I will always be considered stage 4 inflammatory breast cancer even though I am presently clear. The union during one of their meetings which union members can go to explained that cancer often cost for one person too much for the collective. After the demotion and loss of pay I requested a grievance filed the union filed three of grievances and after the third one sent me a notice to say that they could not get the company to reinstate me. The contract States that they cannot demote an associate for a disability. They said the cancer is a disability for me because it could come back I most likely will. I have paid union dues for 15 years. I'm now being told that there's nothing they can do even though they agree with me it shouldn't have happened. Can the Union be held responsible for not upholding the contract or can they be taken to court for breach of contract, the contract between me and them. I do not pay my company they pay me so perhaps they can demote me, but I pay the Union.
You should speak with a local employment attorney. I don't know Texas law and what it provides on this subject, but there are federal laws protecting people with disabilities from discrimination and retaliation by their employers. An employment attorney can listen to the full situation and advise on you rights. Look under the Find a Lawyer tab for one in your area. I'm also changing the practice area.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
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