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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118259
Experience:  20+ Years of Employment Law Experience
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I was suspended indefinitely from a major communications

Customer Question

I was suspended indefinitely from a major communications company on Oct 2,2016. I received a call on or about Nov, 10, 2016 saying that I was formally terminated fromt he company for a code of conduct violation based on a phone call that was observed. My union fought it and the matter went to a level 3 hearing on Feb 28, 2016. The call was played in front of myself, Union VP, Union President, 2 stewards and a member of the company HR. It was determined at that point why were we even at this point and why is there even an issue. Union officials tore the entire call apart and stated that I had done everything correctly. Furthermore there were parts of the call that were not captured in the recording. The hearing was concluded with the person from HR stating that I should be hearing something within a few weeks (either a return to work date or otherwise). To date I have heard nothing from the company in any way, Additionally I have reached out to the union VP on more than 1 occasion and been told that they have heard nothing from the company. Furthermore, this company has recently been in hot water with the EEO for practices in targeting people whom have been out on FMLA (which I have indeed used in the past for dealing with major depression and the loss of one of my parents). Do I have a legal leg to stand on and how should I proceed at this point?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First, you should make a complaint to the US Department of Labor, since they handle FMLA complaints if you believe this was retaliation for you using FMLA. Second, you need to ask the union to file for arbitration since the employer has to render a decision on your grievance within the time specified in your contract and if they refuse to do so then arbitration is the next step. If the union refuses, then your next step is filing a complaint with the NJ Labor Board or the National Labor Relations Board for an unfair and deceptive labor practice for not ruling on the grievance in accordance with the contract terms and denying you your right to due process and a hearing regarding their termination.
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