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I was terminated from my job due to a data breach. They say…

Customer Question
I was terminated from...

I was terminated from my job due to a data breach. They say they can prove it cause they have my ip address but I didn't do it and I don't know if I have been hacked or not. I have what is called a dynamic ip address which meant it can chance from time to time. and I was on the computer but did not do what they say. I am going through the union to get my job back but I am seriously thinking that I should sue for wrongful termination. they claim I did it cause I was removed from one department so I wanted to get back or retaliate as if I was disgruntled . I wasn't disgruntled as I still had my original position and wasn't fired it all this happened. what is your opinion on this?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Hr is who terminated me and I have talked to an attorney he said it sounded like retaliation cause I went to hr over another employee. I don't think that was it or at lease I hope that isn't the reason this is happening to me

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do work in at at will state TX but i am with a union

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

I don't believe so. thank you

Submitted: 3 months ago.Category: Employment Law
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3/30/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,369
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Even if your union contract contains a provision which limits your employer's ability to terminate your employment, being completely candid, the facts you describe would likely be enough to support a termination "for cause," as there is a data breach that can be traced back to you and a motivation for you to have committed the breach. I realize that you did not commit the breach, but I am speaking only in regard to the evidence that exists from an objective and neutral standpoint.

Second, when you are in a union and have a union contract, you generally give up the right to sue your employer in civil court (there are a few exceptions to this, but they would not typically apply based on the facts you have described). Your sole remedy is to use the appeal process set forth in your union contract. This appeal process usually culminates in arbitration. So, if you believe that your employer violated your u nion contract by terminating you under these circumstances, you could escalate up to arbitration to have the matter heard. You generally could not, however, sue your employer in civil court.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further...

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Customer reply replied 3 months ago
Thank you for your answer to my question. You've been most helpful.
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

I'm very glad I could help, I just wish I had better news to share, but I am glad I could provide an honest answer to your question.

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.

Very best wishes.

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Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Was there anything else I can do for you before we wrap up here?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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