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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I received a warning letter from my main e

Resolved Question:

I received a warning letter from my main employer that's false. I was fired off a job that the employer's production man saying "I refused to roll up carpet on the job site". I never refused I just said I couldn't roll it by myself to their standards.

Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information, can you tell me what your legal question is? Also, were you terminated from your actual employment or was it just that you received a written warning that went into your personnel file? Also, are you saying that your union is refusing the grieve the issue for you?
Customer: replied 1 year ago.

I don't want the letter in my file. I was terminated after 1/2 hour of a 5 hour call.


The union is divided and my Bus. Agent doesn't care.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. I still don't see where you have asked a specific question, but I will assume that you are asking if you can force the employer to remove a warning from your file. There are only two ways that you might be able to have this warning removed from your file. The first, which you must do, since you work under a bargaining agreement, is to file a grievance. There is no work around that. That is the purpose of the union and the BA and if the union is refusing to file a grievance on your behalf, then you should consider speaking to a labor attorney as you would likely have a suit against the union for bad faith and violation of their fiduciary duty to you as your representative.

The only other way that this could ever be removed, which would be somewhere down the line, would be if the employer shared this information with an outside party who was not privileged, for example a prospective employer, and a court concluded that the statement was a false statement of fact that the person making it knew or should have known was false when they made it. That would be defamation of character. However, at this point, since your employer has apparently not shared this with a 3rd party outside your company or a privileged party, that cause of action is not yet ripe.

So, again, the only way to get this removed in the short term is to grieve he warning and then if you lose the grievance to follow the next steps under the BA, which would be binding arbitration.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17534
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I'm 72 years old and #1 on the union's seniority list. This charge and letter against me is completely false. I have several other workers on the same job and all agreed this was not fair, and I'm innocent of all charges.


Ken

Expert:  Marsha411JD replied 1 year ago.
Well those are all good facts and it sounds like your grievance should be successful. If not, then you would easily win an arbitration.

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