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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11690
Experience:  19+ Years of Legal Practice in the Employment law arena.
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i currently work for the kroger co. ihave been suspended for

Customer Question

i currently work for the kroger co. ihave been suspended for six weeks now with no return date prvided.kroger refuses to return communication after numerous phone contacts and certified mail.i am also due vacation pay that i have requested and the company refuses to pay it due to suspension.i have not been terminated by anyone.the company has alterd employee records to use the union bagaining agreements progressive disipline procedures as a tacktick of financial distress.the alterations made was th claimthat a probation date was in effect but does not have the required documents to show this. what are my rights at this point and what might be the best way to deal with this.
Submitted: 5 years ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 5 years ago.

DearCustomer

 

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

 

As you are in the Union, you MUST seek proper representation from you Union to fight on your behalf. Look at your union agreement as to what your Union is obligated to do for you - hopefully it is required to stand in, either with a represenative for you or an attorney. First, it must be determined if your were fairly suspended under your union contract. It must also be determined if your suspension amounts to an unjustified termination in breach of the union contract. If you have possession of the documents defining your rights as a union member, look for terms defining if and when vacation pay is forfeited (if every) and if suspension can suffice. Usually progressive discipline procedures involve having the employee sign such documents, not in agreement with the discipline but in acknowledgment of having notice of same - if your signature is not on these documents that the company is trying to assert against you - you may have a basis to urge that these records are fraudulent OR that you were simply never given notice of any problem. Because this is a very fact specific matter, a full review of all employee/employer and union documents really must be had - your union should have a duty to represent you to at least determine if the suspection and/or termination was kosher under the contract. If it is not determined to be kosher, than the union should be further representing your rights in securing your employment back. If your union is failing to represent you based on your contract (this is what you pay for in dues), then you will need to go further - i.e. consult with a union experienced labor attorney in your jurisdiction who can obtain discovery on your behalf and determine which of your rights have been violated with regard to the above possibilities.

 

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Stephanie Joy

 

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