Legal Question in Employment Law in California

Re: wrongful termination of union employee

If the termination was in violation of the collective bargaining agreement or requires an interpretation of an employee's rights under the union contract, or you think you were fired for your union activities, you must follow the grievance procedure. You cannot sue your employer for these type of cases.

If you believe you were fired for a reason that violates a state or federal statute, for example for age or race discrimination, you do not have to follow the grievance procedure because the union contract is not necessary to pursue these claims.

The statute of limitations is very strict in these areas, particularly for union claims. Your first priority is to protect your interest by filing a union grievance first. If you have some legal basis to take the matter outside the union grievance, you can always withdraw your claim later.

Re: wrongful termination of union employee

NO. You gave up your right to sue when joining the union. You are limited to your grievance unless the firing was illegal, such as based on Title VII discrimination, which you didn't imply in your question.

Re: wrongful termination of union employee

Unless a long time has elapsed, he can still file the grievance.