California Employment Law
California Employment Law Questions Answered by Legal Experts
They sued him for retirement they paid him because he was working as an electrician in the state of Nevada. Based on federal law, he is allowed to work outside their jurisdiction. He retired from IBEW Local 11, located in Los Angeles, CA. The do not and cannot dispactch to Las Vegas, NV, which is where he was working. They claim to have served him at our address in Pahrump, NV. They could not have served him because he was working in the state of California at the time. I realize this somewhat confusing and would be willing to have a telephone conference with you. I can be reached at (XXX) XXX-XXXX
Thank you for your time
Hello Jacqui,Unfortunately, JustAnswer experts are not allowed to contact customers outisde of the terms of the site.Was the suit that was made successful against your husband? Was a verdict made against him? Has your husband made any attempt to set aside the verdict or appeal it based on lack of service?Would the suit be the basis of your harassment suit, or has the union engaged in other activities that have harassed you and/or your husband.I'm not sure what you mean also by outside the union's jurisdiction. Of course, his local union would not extend to Las Vegas, Nevada, but the IBEW does have a branch in Las Vegas, so he may be required to follow the sister's union's rules and the work would be considered outside of 'their jurisdiction.'For instance, Recently, a Federal District Court held that a union contractor who resigned from one local (in his jurisdiction) and switched over to a sister local – in this same jurisdiction – was still bound by his “old” union’s contract because it covered the same geography and through the “traveling contracts” clause was included in his new union’s contract.Who did they claim to serve at your address in Pahrump, NV. Personal service is satisfied by leaving the document with any resident over the age of 18, so your husband did not need to be at the address to receive proper service.All this said, unless the union has done any activity outside of the court actions (for instance, leaving threatening messages or similar actions), their suit would not be considered 'harassing' even if it was legally invalid. (However, it would make your cause of action even more difficult if the case was decided in the union's favor against your husband).
Finally, it does appear that your husband may have violated the term of his pension (which would be a breach of contract cause of action) if he misrepresented that he was entirely retired from the electrical industry, which is required before someone can receive retirement or pension benefits.
See the IBEW questions and answer section on pensions here:
http://www.ibew.org/members/pensionbenefitfund/PBF120827/Questions%20and%20Answers.pdfI would highly suggest that your husband speak to a local employment lawyer about his situation, especially one who specializes in retirement and pension benefits.
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