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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4967
Experience:  Extensive experience representing employees and management
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Can I sue my employer if they do not follow the employment

Customer Question

Can I sue my employer if they do not follow the employment contract set up through the union we belong to? Also, telling me I can not take a whole day off because on my shift I would have to be replaced and then allowing it for other employees. Then telling me I can not because I all ready was taking the day off before the flexing went into effect but allowing other employees to do just that. They are taking full time employees off the schedule and replacing them with non benifited employees because they don't want to loose the non benefited employees by not giving them enough work. Would it be correct to say this is discrimination & not following an employment contract?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

I have a few questions for you before I can provide you with a complete and thorough answer.

1) Do you believe that you are being treated different than other employees due to either being a union member or a protected characteristic, such as race, gender, national origin, ethnicity, sex, etc.?

2) Are the non-benefited employees non-union employees?
Customer: replied 1 year ago.
I do not know why I am being treated differently. All I know is I get told they are trying to be fair to everyone but everyone else gets to take a full day off and I am not allowed to. The non-benefitted employees are usually union members but I can not say for everyone, sometimes they avoid it until the union catches up with them. Why would a non-benefited per diem employee have the right to take hours from a full time benefited employee without any reason other than the employer is trying to be fair to everyone. They always spin it in their favor because a few years ago a per diem employee was not allowed to do that. I do know they are trying to protecet and keep two employees who are men and helped to get up and running a new computer system and they are per diem. They even admitted in their meeting with me that this was one of their reasons. Quote: We have *** and *** who are good employees and we wouldn't want to loose them. Besides that I am giving up a day I am just not allowed to do it in the same way as everyone else. Resulting in me loosing even more hours. I had a serious injury at work and I am due to have surgery for the second time because of it so I do not know if that is playing into the situation? Nothing they say or do makes any sense!
Expert:  Joseph replied 1 year ago.
Hello Lia,

While you could potentially sue your employer fro breach of contract for not following the terms of the ocllective bargaining agreement between the union and your employer, you would be better served by taking one of the fwo following actions.

1) You can file a grievance with your union against your employer. This would especially be helpful for your employer's treatment of you that doesn't appear to violate the collective bargaining agreement, but is unfair, since they are allowing other employees to do things that you are being told you cannot do.

2) You can file an unfair labor practice claim against your employer for violating the terms of the collective bargaining agreement. You can do so with the National Labor Relations Board using the information available online here:

http://www.nlrb.gov/what-we-do/investigate-charges

Unfortunately, if you cannot attribute your employer's unfair treatment of you due to a protected characteristic, then you wouldn't have a discrimination claim against your employer, and would be limited to the above actions to remedy the situation.

It's best to use your union resources too, before filing an individual suit, which the union may not support.

I hope the above information is helpful.

Please let me know if you have any follow up questions or need any additional information.

Thanks and best of luck!

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