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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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MMy wife was fired told her she said quit. She never did.

Customer Question

mMy wife was fired for they told her she said quit. She never did. she hasa union with a grievance procedure.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

First, she needs to file for unemployment immediately. The point of this is to preserve that right and to fight the idea that she resigned rather than being terminated. It also forces the employer to go on the record (because the state will require an explanation of the situation from the employer), which may help later on.

Second, she needs to sit tight and let her union grievance process be completed. Before she would have the ability to file any external lawsuit for breach of contract (her union agreement), she has to first complete all administrative processes internally (meaning the grievance).

Finally, once that is done, if the grievance doesn't turn out as she'd like THEN she needs to hire a local attorney to file a breach of contract claim against the employer.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service so that I receive credit for working with you today. Also, feel free to request me in the future, if you have question concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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