Legal Question in Employment Law in California

Wrongful Termination

As a union member, after I was terminated by my company for breaking one of their rules, which was my first incident in 21 1/2 yrs. on continuous work history, my union filed a grievance for unjust punishment. I'm in the arbitration hearing process currently. My question is if I get reinstated by the arbitrator whose decision is based on the belief that the company's reason for terminating me wasn't correct and decides only on partial back pay, can I sue the company for the remainder portion and also include all the overtime missed and also for punitive damages for all the mental suffering and anquish that I endured during the time I was involuntarily terminated?


Asked on 2/21/03, 2:42 am

1 Answer from Attorneys

Re: Wrongful Termination

You cannot sue your employer for breaking the contract unless you first prove that the union breached its duty of fair representation to you. As they are processing the grievance, this seems unlikely. Further, pain and suffering are not contract remedies.

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Answered on 2/26/03, 6:52 pm


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