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I'm facing a possible wrongful termination. I haven't been…

Customer Question
Hello. I'm facing a...

Hello. I'm facing a possible wrongful termination. I haven't been able to speak to a manager yet, only the store secretary. Would my first step be contacting my union rep? Ideally I would like to maintain employment.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I'm part time and pay union dues.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was given 3 different reasons for termination in a span of 2 days.

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
12/6/2017
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,245
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thank you very much for your patience. Generally, if you are dealing with an issue of wrongful termination, you should contact your union representative. The reason is because the union rep may be able to advise you on what parts of the union agreement you have to abide by before you contact your manager. For instance, if it is required that you meet with a floor supervisor before going directly to a manager, then you will want to find that out for sure. If there is nothing there, then you may want to consider meeting with the manager after that. In addition, if this is an issue of wrongful termination, consider having a union rep with you when you meet with the manager so you can have an advocate and a witness at the same time.

Finally, depending on the issue of wrongful termination, consider an EEOC complaint.

Employment discrimination is prohibited under state and federal law at 42 USC 2000e-2. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within 45 days. The Counselors must advise
individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

What other questions did you have for me today that I can help you out with:-)?

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