Union Grievance, Workers Comp and Wrongful Termination Case Interplay
A common situation we evaluate is that of an employee - a union member, who was unfairly treated or falsely accused of some type of misconduct or insufficient performance and was disciplined or terminated as a result. If you are in that type of situation, you might be confused about your rights to union grievance and arbitration v filing a potential workers comp claim v filing a wrongful termination case in court. Below is useful information to clarify this conclusion and to provide practical guidance on navigating these three areas of law:
The first question you should ask yourself is whether there is evidence that the true reason for your termination is discriminatory or retaliatory - i.e. is there evidence that the true reason for your termination is your injury/disability, asking or exercising FMLA or pregnancy leave rights, race, gender, sexual orientation, religion, or filing harassment complaints, complaints about safety violations, or engaging in other protected activity?
If there is no such evidence and if it's fairly clear to you that the reason you were treated badly by the employer is personal or otherwise non-discriminatory conflicts and frictions, then the only way to fight your termination is through a union grievance or arbitration. Your union might or might not want to get involved and help you and they have wide discretion on deciding whether to file grievance and fight for the employee or not. Non-discriminatory termination is not illegal, but it might be in violation of your union bargaining agreement. Therefore, it cannot be challenged in court, but only through union action.
If there is evidence that the reason for your termination is discriminatory or retaliatory, they you may consider filing both - a union grievance and a wrongful termination / discrimination case in court. A court lawsuit can only address legal violations (i.e. discrimination & retaliation claims) but not violations of a union agreement.
Any emotional distress injury, such as stress, anxiety, depression, and related symptoms you suffered as a result of being treated and fired unfairly can only be addressed through a workers compensation claim. This type claim is handled separate - not in court by at workers comp appeals board. The value of this type of claim is determined with the % of injury or disability which you are assigned by a doctor (QME / AME) and not so much by how you feel about your case and how much you should be entitled to receive in compensation.
The first question you should ask yourself is whether there is evidence that the true reason for your termination is discriminatory or retaliatory - i.e. is there evidence that the true reason for your termination is your injury/disability, asking or exercising FMLA or pregnancy leave rights, race, gender, sexual orientation, religion, or filing harassment complaints, complaints about safety violations, or engaging in other protected activity?
If there is no such evidence and if it's fairly clear to you that the reason you were treated badly by the employer is personal or otherwise non-discriminatory conflicts and frictions, then the only way to fight your termination is through a union grievance or arbitration. Your union might or might not want to get involved and help you and they have wide discretion on deciding whether to file grievance and fight for the employee or not. Non-discriminatory termination is not illegal, but it might be in violation of your union bargaining agreement. Therefore, it cannot be challenged in court, but only through union action.
If there is evidence that the reason for your termination is discriminatory or retaliatory, they you may consider filing both - a union grievance and a wrongful termination / discrimination case in court. A court lawsuit can only address legal violations (i.e. discrimination & retaliation claims) but not violations of a union agreement.
Any emotional distress injury, such as stress, anxiety, depression, and related symptoms you suffered as a result of being treated and fired unfairly can only be addressed through a workers compensation claim. This type claim is handled separate - not in court by at workers comp appeals board. The value of this type of claim is determined with the % of injury or disability which you are assigned by a doctor (QME / AME) and not so much by how you feel about your case and how much you should be entitled to receive in compensation.
