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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am a ufcw union worker that just got cheated out a bonus

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I am a ufcw union worker that just got cheated out a bonus that we were entitled by our company. they negoitiated a contract with us knowing full well that the business was going down and they had stores already in escrow when they did this. they negotiated the bonus into out pay over the next two years knowing that they were closing. Now there are some 200 misplaced people that could really have used that bonus. Is this grounds for a class action suit? The person that negotiated the contract also helped with the sale of these properties and also told his brother who worked for the company, and he found another job before the actual annoucement came down.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good afternoon,

I'm very sorry to hear of the situation.

I'm afraid that not only is there no basis for a class action suit, there is no basis for a lawsuit of any kind based on the fact that the company may have known that it was in financial problems at the time that it negotiated the payout over 2 years. In fact they will argue that was a primary reason for negotiating the payout in the first place---a good business strategy for them. Under the laws of the state of CA, they were under no legal obligation to share their financials with the people negotiating on your behalf. I'm sorry.

The fact that the person who negotiated later participated in the sale of the properties does NOT mean that they were aware of the fact that to company would never pay the full payments because of financial distress

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Thanks Again,

Doug
Customer: replied 5 years ago.

 

Let me make this clearer, the stores were already in escrow when they negotiated the contract for us to vote on. And they presented it to us and basically said that we should vote yes or they would have to close our doors.

Expert:  LawTalk replied 5 years ago.
Good afternoon,

The stores being in escrow did not mean that they would be bankrupt the next year.

The method of pressuring you to vote yes may well have been a legitimate argument. I'm sorry. I just don;t see a legal issue her for you to sue on.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Thanks Again,

Doug
Customer: replied 5 years ago.

 

This all took place in the period of 6 weeks. From the time we voted until the store closed. The store closed when escrow closed. They alreay knew they were closing before we voted.

Customer: replied 5 years ago.
Relist: Other.
asumptions were made about the time line, so i had to give additional information
Expert:  LawTalk replied 5 years ago.
Good evening,

I didn't need to lake any assumption about a time line. The employer had the legal right to negotiate. They had the legal right to say that they would close up shop if the agreement was not made---it is called a bargaining position---not a violation of law, or a violation of your civil rights. The timing between the threat and the closing of the company means absolutely nothing under the law.

I realize that you don't particularly like the law, and the effect of that law on your desire for a viable lawsuit---but the suit simply is not there. With all respect intended---you are seemingly hoping for a miracle when none will be forthcoming---I'm sorry. There is no viable lawsuit here based on the facts as you have presented them---time line not withstanding.

I wish you the best in 2012.

 

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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