My husband is laid-off, can he start a company doing the same job without jeopardizing his union standing/pension?
Question Details:
My husband is laid off union worker. He and a friend are talking about starting a company doing the same work they would do in their union if they weren't laid off; but residentially, not commercially. What if they get called back to work through the union but still work for their business in the evenings? I have searched online for their union's collective bargaining agreement, and not only can I not find it, but I don't even know if it's what I should be looking for.
Thanks for the email in relation to your intesting case. My firm Dailey Law Firm PC of Royal Oak Michigan www.daileylawyers.com has handled many cases like yours. We have achieved a great many successes for our clients facing similiar legal challenges.
In order to determine if there is any issue with your husband and his friend starting a business competing with the union workers you would have to review the union contract. However, even if the union contract does not prohibit your husband's plans you may still encounter problems created by an angry union. I would highly recommend that your husband speak with his union steward and find out if and how much a problem this will be. On the other hand in our economy one has to do what one must to survive.
I want to also invite your husband and his friend to take advantage of our free initial consultation to discuss business setup.
If you would like more information please contact me Brian Dailey www.briandailey.com at my phone number 866 66LAWYER. Dailey Law Firm PC of Royal Oak Michigan offers to all clients a free initial consultation. You can also log onto to my legal talk radio show website www.thelawshow.com and listen to one of the many interesting pod casts in a variety of areas of law. You can also tune into the law show every Sunday from 2:00 PM to 3:00 PM on News Talk 760 WJR AM the Great Voice of the Great Lakes. You can also live stream the law show from www.thelawshow.com/live-video. Thanks again and I look forward to meeting you and assisting you in achieving your legal goals. Good luck Brian Dailey
The starting point in analyzing this issue is the union contract and/or rules. If there is something in the contract or rules which addresses the question of whether a laid off union member can do the same or similar work that he was doing before the layoff, that might affect your hubands rights to go into business with a friend and moonlight on the new business if he gets called back to work.
Obviously, if your husband and his friend are successful in the new business and decide that they don't need the union job any longer he can start the business and go on his way.
If he intends to go back to the union job, he should talk to the union steward and get a clear understanding of what he can or cannot do while he is laid off and whether there would be a limit on outside work if he is called back to his union job.
If you don't get satisfactory answers from the union steward, your husband should consult with a lawyer who specializes in labor matters to get an opinion as to his rights.
Good luck!
