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N Cal Attorney
N Cal Attorney, Lawyer
Category: Employment Law
Satisfied Customers: 9338
Experience:  Since 1983
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Ya I got fired last February for being out of my work area I

Customer Question

Ya I got fired last February for being out of my work area I had used bathroom and Dept head seen me walk out of locker room @243 I had already put in 12 hours it was always normal to get ready to go at 20 till except for me the dozen guys that were in break room all ready to go home there still working the union filed grievances 2nd step denied 3rd step with international rep denied our rep told them he wanted everyone file that had worked there past 5 years I had been there for 6 years I had 2 wright ups nothing big when union got files they found several guys written up for being out of work are 3&4 times guys wrote up for fighting wrote up for major safety violation but I get fired for that I'm waiting forarbitration now there lawyer just offered $10,000 for me to walk away & drop it we figured up that I have missed out on close to $40,000 I averaged $55,000-$62,000 a year this event has really put a strain on family just wanted to see what another lawyer thought or what I should do thanks look forward to hearing from you
Submitted: 10 months ago.
Category: Employment Law
Expert:  N Cal Attorney replied 10 months ago.

Thank you for your question.

WHile you figure out how to handle this you should be filing for unemployment, which opens a new front in the situation but this could drag out for a long time so if you have not done so yet, please consider filing for unemployment which you do on line through links at

This looks like a dance i have seen before where one side makes an offer that is the lowest number it can offer and still keep a straight face, and then your side would make a counter offer for maybe $250,000 or whatever number your attorney can say without giggling.

I don't have the facts but it sounds like the employer has violated multiple civil rights and labor laws and you probably have remedies that would let you win attorney fees. And I don't know if their offer says you get your job back or not. If not, it is a really bad offer and I would hold out for something closer to what the law says you can recover.

You can get a free consultation from some of the labor lawyers listed by location here. You are lucky to be in a union. It sounds like the union is going to bat for you but I only have a bare outline of the situation, and there have been cases where a union sort of sold out a member and then the membaer had to sue the union for breach of the duty of fair representation, and we don't want that to happen, so I think you should speak with a local labor lawyer who can see the documents and get the facts in confidence, and then advise you of your legal rights and remedies and advise of of the realistic settlement value of the claims.

Please follow up on this with a local attorney.

I hope this information is helpful.

Expert:  N Cal Attorney replied 10 months ago.

You had a legal right to use the bathroom:


"Your employer is also required by Illinois labor laws about breaks, as well as the Occupational Safety and Health Administration (OSHA), to give you reasonable bathroom breaks during your work day. If your employer is not allowing you to have adequate restroom breaks (including if you have a medical condition that makes frequent bathroom breaks necessary), you may want to speak to an employment attorney who has experience with IL labor laws about breaks."

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