Can a former employee sue our union regarding misrepresentations about severance payments?

My former co-workers and I were laid off with 30 days notice and each had a meeting with a union rep. His role was to guide us through what to expect and he advised us all on how to stay on with the company by applying internally

and also discussed our severance packages. He did the calculations for us and told us what we should be getting back. Upon receiving our checks, we

were grossly misled by the union rep. The company did provide us with documentation of what they intended to do but as we went over it with the rep, things were left out. Do we have a civil case for misrepresentation?

Asked on November 24, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you do not. Even if the union rep was incorrect about what you would be paid, it did not matter: the company was going to pay you whatever severance it was going to pay, regardless of what the rep said. The rep's error did not alter your severance. Since his error had no effect on your payment, it cost you no money--i.e. it did you no harm. With no harm, there are no grounds to sue.


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