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Question

This is workers compensation question. Once you sign a arbitration mediation agreement can it be changed. I went through the process and agreed upon an amount, then the paper was rushed in because the defense attorney had to catch a flight. Sigh here I was told, so when I asked I was told this is the agreement we just agreed upon. I signed then saw a few handwritten sentences at the bottom. I read them and it was releasing the company from any future compensations or giving my job back for the price of $1000. I did not like this because I was trying to get some benefits back from my job of 21 years. I was sent a letter telling me that a union contract had let me deem myself resigned because I was out a period of 3 years from the time of my injury and my back surgery, I could not return to work. We were the only group that had this first time bad contract. Everyone else could stay out of work as long as their doctor said they were not ready to return. corporate manual-same.

Submitted: 296 days and 7 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Fayetteville, North Carolina

Already Tried:
The company is USAIRWAYS. I feel I should retain my benefits. I tried to pursue this is arbitration with no luck. I am now on disability. Another employee was told if she was awared disability before she QUIT( not like me)she could medically retire and retain benefits. What can I do? Is it too late since I signed mediation form for settlement releasing all claims from usair. The final agreement has not been signed. My lawyer said it was binding,nothing else we can do. He said defense attorney would call a hearing and make me sign.

Posted by Tina G 296 days and 7 hours ago.

Answer

Thank you for contacting our JA team for guidance.

 

It appears you may have a cause of action against your employer AND your union for failing to represent you fairly.

 

You should contact an employment law attorney in your area who represents plaintiffs, not the company. Lawyers.com provides a large database of attorneys by area of practice and location. Look for one who provides free consultations and takes contingency fee cases. The EEOC also provides referrals.

 

I am available should you require additional assistance.

 

The best of luck to you.

296 days and 7 hours ago.

Reply

yes, but can I pursue any further legal action since I have signed the mediation from the arbitration? I have not yet signed the formal agreement but I am being told that does not matter. The mediation paper is binding. Does that keep me from pursuing and further?

Posted by Tina G 296 days and 7 hours ago.

Answer

If the company AND the union have violated the law, there is a chance you can revoke your signature under the circumstances you describe. Under normal circumstances, yes it is binding. You need to get an attorney to protect your interests asap.

296 days and 7 hours ago.

Reply

If I do this could it have a negative impact on the settlement agreement amount? I am okay with the amount but I do not want to give up my rights to fair treatment and benefits from the company. Also, most everyone I speak to in NC are in some type of very conservative circuit that most always protects the company and they do not even want me to come in to discuss. Should I contact the attorney general? Help. This is so unbalanced system.

Posted by Tina G 296 days and 7 hours ago.

Answer

Yes, if your courts are very conservative there, that can be a problem. I am sorry. I don't agree with it, but it is often a reality.

 

The attorney general is unlikely to be able to do anything for you specifically.

 

At the least, you should seek your own attorney to review the rights you are waiving under the agreement, so you are entering into the agreement, or not, knowing exactly what you may be waiving. I wouldn't sign anything more until you have done this.

 

 

296 days and 6 hours ago.

Reply

My attorney does not have any answers on the subject. He says when I find a labor lawyer to represent me, then have the lawyer call him if he can help. That is what I am trying to find out. Can you help? Will it be a detriment to my workers comp amount if I do not sign the formal papers? What fallout can I expect? My lawyer states that the mediation is binding, I do not have a choice. I want to make absolutely sure before I sign the formal paperwork. Can the defense side go before a judge to make the agreement stand as is. If that is the case can I still pursue to get my benefits from the company since I signed a release of claims on the mediation?

Posted by Tina G 296 days and 6 hours ago.

Answer

It shouldn't be a detriment to your settlement if you delay signing the formal papers for a week, to allow someone to review the agreement.

 

The EEOC also provides referrals to experienced employment attorneys. That's who you need right now. An experienced employment law attorney to review the agreement.

 

If they threaten to go forward with the judgment, to make it final and binding without your signature, that should not matter if they have they have already violated the law in representing you. You said you are happy with the order anyway, just don't know whether you should waive your rights.

 

If, after speaking with an employment law attorney, you agree to waive your rights, then sign the agreement.

296 days and 6 hours ago.

Reply

This has been going on now for about 6-8 weeks. That is how flustrated I have been trying to find a lawyer to take my case. Mostly, I am told to leave a message for the attorney and no one ever calls me back. Who is the EEOC?

Accepted Answer

It is the federal Equal Employment Opportunity Commission. See http://www.eeoc.gov/charlotte/fepa.html.

 

I'm so sorry that you've had so much trouble locating an attorney in your area. Try the EEOC and also do a search in your area for an employment attorney who does "employment discrimination" as they should be able to evaluate the waiver you are being asked to sign.

 

All the best to you!

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Expert: Tina G
Pos. Feedback: 98.8 %
Accepts: 
Answered: 1/31/2009

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Recognized for excellence in labor & employment law by ABA/BNA. 12 years experience.

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