Summary
In New York State, you can sue your union for failing to represent you, known as a Duty of Fair Representation claim. Lack of communication for over 6 months and failure to grieve a suspension may be grounds for a lawsuit. Text messages showing you requested representation can serve as valuable evidence. Damages could include lost wages and emotional distress, but getting refunded all union dues over 7 years is unlikely. Intermittent FMLA leave can run concurrently with a continuous disability claim, but specifics depend on employer policies. Consult a labor law attorney for personalized advice.Full Conversation
What if you filed a grievance and they haven’t updated you on it in over 6 months and then you get suspended for * weeks without pay you have approved FMLA you tell the union that you ask them to grieve the suspension they don’t and they don’t respond to you
If you're in New York State, here are a few points:
- Your union may have violated its Duty of Fair Representation.
- Lack of communication for *+ months might be considered arbitrary.
- A lawsuit may be possible, but you'll need strong proof.
Consulting a labor law attorney is advised.
What if you have a text message proof of asking for the grievance
If you're in New York State and have text messages showing you requested the union represent you, this could be valuable evidence if you decide to sue. However, evaluation of such evidence is best handled by a legal professional.
How much can you sue for?
The amount you can sue for varies greatly depending on the specifics of your situation. Damages could include lost wages, emotional distress, and more. However, it's best to consult with a labor law attorney to get a more accurate estimate.
Can I get all my union dues back over 7 years worth
In New York, getting refunded all your union dues over a *-year period is highly unlikely. Courts typically only award damages that are the direct result of the union's failure to represent you. Consult with a labor law attorney for more details.
Under the law can you have an intermittent FMLA claim run concurrently with a disability claim or does it need to be continuous FMLA
In general, an intermittent FMLA leave can run concurrently with a disability claim. However, specifics can vary based on your location and situation. Can you please mention the state you're in?
Nys
In New York State, you can indeed have intermittent FMLA leave run concurrently with a disability claim. However, the specifics can vary based on factors such as your employer's policies and the nature of your disability. It's best to consult with an employment law attorney to get accurate advice for your situation.
Even if the disability claim is continuous the FMLA claim can be intermittent
Yes, in New York State, even if the disability claim is continuous, the FMLA claim can be intermittent. However, the specific implementation can depend on your employer's policies. You should consult with an employment law attorney for personalized advice.
What do you mean the specific implementation
By "specific implementation," I mean how your employer applies the law and their own policies. This can include how they handle FMLA leaves, disability claims, and the interaction between the two. It's best to consult with an employment law attorney for detailed guidance.
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