Legal Question in Employment Law in New York

demoted on the job

I used to work for the MTA as a train operator, I was demoted for improper train operation, before the demotion I had an arbitration hearing which involved an arbitrator that knew nothing about train operation. the TA used this to their advantage and as a result I was demoted. Their was something wrong with this train and is even noted on paper work. i think it is ashamed that they were able to get away with something that I wasn't responsible for. Can I sue them ? thanks


Asked on 1/22/06, 6:07 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: demoted on the job

You have to follow the union grievance procedure.

The only way to overturn an arbitrator's ruling in court is if the court finds it was "arbitrary and capricious." From what you have told me I can't tell.

If it is not discrimination related, you have to follow up with the Union.

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Answered on 1/22/06, 6:30 pm


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