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I will go into arbitration after my company gave me layoff.

Customer Question
They breach the Union contract...
I will go into arbitration after my company gave me layoff. They breach the Union contract. I need a lawyer?
Submitted: 9 months ago.Category: Employment Law
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Answered in 18 minutes by:
8/2/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,071
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Usually, the union will provide you with a lawyer. But if they don't or if you don't believe the lawyer is looking out for your best interests, you can retain private counsel. Doing so will likely cost you a few thousand dollars, but it may be worth it if you believe you have grounds to challenge the layoff and that the union representation is insufficient.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 9 months ago
Can I sue them?
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago

Generally, arbitration will be your exclusive remedy. To sue you would have to prove that your union failed to take reasonable measures to protect your interests, and at this point it's far too soon to say whether that will happen.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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Customer reply replied 9 months ago
Should I have a lawyer with when we go for arbitration?
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago

I would strongly consider it if you can afford it and are not confident in your union representation.

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Customer reply replied 9 months ago
Do you have any idea how can I get a lawyer that do not charge until we win the case?
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago

That's called contingency fee representation. When you call lawyers, you will just want to let them know that you are looking to be represented on a contingency fee basis. You may also wish to propose a hybrid contingency fee, wherein the lawyer received a smaller contingency fee percentage and also a reduced hourly fee. For example, instead of 33% contingency, they may only take 20% and charge half their hourly rate in exchange. This is a way of sharing the risk between you and your lawyer if you can't find a lawyer willing to assume 100% of the risk of working for free in the event you do not succeed at arbitration and recover financial compensation.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

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Customer reply replied 9 months ago
Hi. What can I do if my company wants me to sign a settlement that will not allow me to get a lawyer. I'm Union 1199. They gave me layoff violeting the Contract. Please, help.
Employment Lawyer: Patrick, Esq., Lawyer replied 9 months ago

Thank you. As this is evolving into a new issue please kindly rate my service for the answers already provided and open up a new question thread. Thank you very much for your understanding, and I look forward to assisting you further.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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