Legal Question in Employment Law in New York

Taking legal action against an employer and an union

I would like to know what steps can I take to legal action against an employer and an union.


Asked on 8/07/06, 2:23 pm

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: Taking legal action against an employer and an union

Unfortunately, your question requires more specifics about your particular grievance. You can sue an employer and a union for almost any type of legal claim, but depending on the type of claim, you may have to exhaust certain other remedies first. For example, you want to sue the union but you have a contract with them that requires that all disputes first go before the union's local administrative board, or through some other procedure. You may be required to do that before you are legally entitled to start an action in Court. Another example might be if you are claiming you have been the victim of sexual harassment or discrimination. You may have to file a complaint first with the EEOC before you are allowed to sue. You may also have a right to start a case with the State Div. of Human Rights. If you have a written employment agreement, you may or may not be restricted by what is contained in that document. It may require arbitration or mediation before you can sue. It may require suit in a particular jurisdiction. There are too many possibilities to cover in this post. I would suggest you re-post your question starting with the basic nature of your claim, and describe any documents, agreements or contracts you might have with your employer and union that might be relevant.

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Answered on 8/07/06, 2:37 pm


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