Legal Question in Federal Tort Claims in California

Hi Sir

I was picked out of seniority twice to be laidoff. I discovered 3 other over forty were also fired and replaced by younger techs

by layoff pretext. We were harassed by job deficiency with no written allegations prior to layoff. No grievance , no written statements.

The allegations kept changing. The Union Rep. commission the harassment because Union were threaten to be remove from the

Union board. 1) No grievance 2) No basic meeting with older employees to understand allegations 3) No layoff recall. It is unfair labor

practice. I timely reported to NLRB. I just discovered in July 26,2013 that NLRB dismissed my charge in Aug.18,2012 began working

for the Union in January 2013. The Union rep. My director were fired. They were no longer working there. I filed form 95 in Dec.3,2013

Please I am seeking representation . I had filed chapter 7 due to this constructive discharge.



Asked on 12/13/13, 1:01 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Instead of the short blunt answer, "you filed bankruptcy and lost any claim you had", here is the full answer, for the benefit of others viewing and researching.

You are/were a union member on a union job. You gave up your civil rights and access to civil lawsuits when you joined the union. You have grievance rights, nothing more. You already pursued them or are still doing so. Good luck. You could hire an attorney to consult with and guide you, but that should have been done from the beginning. It is pretty late to do so now, with the claim 'discharged'. Whatever the union grievance and appeal process does for you is 'the end of the line'.

Only two exceptions exist to that rule.

First would be if the union utterly failed to take ANY action, failed to lodge the grievance, etc. Then you theoretically could have the right to file an expensive Federal Lawsuit against the company and the union jointly. However, your facts seem to indicate they did 'something'., no matter how poorly or unsuccessfully. You are not entitled to any guarantee of success, or even of effective representation. Sorry.

Second would be if you can timely make a valid age discrimination claim. You had at max, one year from the last example of on job discrimination to file your claim. If you haven't already filed and it is over a year, the claim is dead.

In addition, you filed bankruptcy already. Unless you listed your 'claim' of discrimination with the bankruptcy court, and sought/obtained court authority to pursue your discrimination claim, that claim is no longer yours to make, if you even had one worth pursuing.

IF and only if you still have a provable on-job age discrimination incident less than a year old, and got BK court authority to pursue it, feel free to contact me to discuss the evidence, witnesses and other PROOF required, and the costs/risks of filing suit.

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Answered on 12/16/13, 2:26 pm

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