Legal Question in Employment Law in New York

Hi my name is Christopher Rios.I work for a company called Merlin industries I started with this carpet cleaning company back on January. 24 2014.around May 30 2014 I text my supervisor and HR guy at the company asking about my union status because I've been at the company for more than the required 90 day period and to ask about my job duties and delagations for the building they had put me to work at in April 2014 (SULLIVAN AND CROMWELL).So I ask for a sit down in the office to see if they can read the contract to me so I can know what I'm sopposed to do and not sopposed to do due to the client pushing more work on me that I'm not sure is in my job duties.Like any boss they just brushed me off.I contacted union representative and left him a voice mail to this day not a message from Alvero.I then contacted the shop Stewart and he began the process of finding out.June 30th of 2014 a toilet had broke at S&C and they asked me to work durring my lunch I said no problem.It was coming to the end if my shift and the my employer(MERLIN) or client (S&C) never notified me of a lunch hour change or I will be getting paid overtime if I stay.They have me lots of work with deadlines that we're due for that evening.I completed my list of tasks and hour shift of work without the lunch and notified the remaining porter I would be leaving while he remained in the building and punched out told the front desk where the night workers remain the same and explained why.I never received a employee hand book or any training besides physical work nor did any one tell me the proper step to take in a event of any job or safety situation.On that follow in Thursday the client and I spoke she went over the proper steps to take incase of another situation like this arises and we both agree it won't take place again.I get a phone call the On 7/3/14 to bring all the clients building uniform tomy employers office.I arrive at my employers in uniform ready to work on that Monday and the say I'm fired for job abandonment I explain to them the situation show paperwork with all the jobs and times those jobs we're performed showing I did not take a lunch and they said based on the clients story I was fired without even a review of my documentation over the matter.Theres wasn't even a union rep. at my termination eather.So I call the shop steward asking his opinion.(Keep in mind I was also fighting with my employer over why it was taking so long to place me in the union they had previously said they lost my paperwork and I had to file new paperwork which I never did and I never paid a union due)He said we should fight this.We went to mediation around 7/20/14 my employer than said during the meeting he was going to investigate my situation.This week I got contacted by the shop stewRd and he told me the other employees of S&C told him I never contacted no one on my exit of S&C that night about leaving early.I told him I did who did u speak with at the location he didn't bring up a name so maybe he spoke to no one because all management and other officials in the building after 5pm who we're not even in the building at the time but they we're in the building durring the toilet issue to rescedual my lunch hour and or notify me I would be receiving over time pay for working threw my lunch hour.It is now 7/30/14 and I get notified from the shop steward i have to fill out a grievance for it to go to arbitration with the union.(In July I called the OSHA board over the unsafe practices of the machines conditions at work due to the electrical coard of the machines having electrical tape on them and some with a replacement wall plug piece which I felt was unsafe due to my machines working with water to shapoo carpets file anonymously but it think they kind of knew it was me.)Also I didn't receive 7/4/14 holiday pay because they said I did not work on my Monday termination when I had no clue I would be fired on my arrival and I was in uniform ready willing and able to work.I also received union pharmacy cards and dental after my termination but I never paid a union due as well which might just be a accounting issue or he issue on there part as well.Also I was making 12.35 when all the other Merlin workers at the building who's job description and job duties we're less than mine and they also did not have to shampoo carpets as well received a wage higher than mines which I also brought to the attention of Merlin and the union.I have no right up or done anything wrong with the company since my hire date.Im writing to you sir or madam regarding this matter to find out if I may have a case regarding wrongful termination in the matter.Its best to contact me via email but all my contact info is listed for you to get back to me eather way you prefur.Thanks for taking time to read this detailed message.


Asked on 9/09/14, 9:50 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

This is too long to read but I am responding to give you some free advice on litigation: Do not put your name and such detail over the internet for the world to see.

Read more
Answered on 9/09/14, 1:18 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York