CanI still take legal action against a company for wrongful termination if my union gets my job back?
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CanI still take legal action against a company for wrongful termination if my union gets my job back?
I’ve had many issues with a number of employees and supervisors at my job. I have brought it up to management many times and failed to resolve any issues. On the day I got terminated I talked to my manager about a fellow employee who continues to verbally assault me at work and he turned around and told me to stop complaining; I took matters into my own hands outside of work and yelled at him next day they accused me of threatening him and I was fired.
Asked on August 2, 2011 California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the union gets your job back, one of the conditions may be indeed that you forego the opportunity, right or privilege of suing anyone for harassment, wrongful termination or any other civil cause of action. You need to talk to your union representative about the options you have and if getting your job back with back pay or simply getting your job back and all negative reporting taken out of your file are options. If this path fails, get the labor lawyer you should have already consulted with get involved on your behalf. Workplace harassment is quite commonplace nowadays and due to the economy, few people really do anything about it though they should. Stand up for your rights and use whatever evidence you have that is in your favor for your benefit.
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