Unfair Dismissal Grievance Hearing

Summary

Darryl was terminated from his job without a grievance hearing, despite being part of a union that guarantees such a hearing. Prior to his dismissal, he had reported workplace harassment to his manager. He has evidence of the harassment and his termination, including a co-workers testimony and his termination letter. He is considering filing a complaint with the EEOC and seeking legal advice.

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I was fired from my job without a grevience hearing to hear my side of the event
What state are you located in, ****? Employment laws can vary by location.
New York
What was the reason given for your termination? In New York, employment is generally "at will" unless you have a contract or union agreement.
Honestly I use foul language to a co worker to stop harassing me from doing my job
Did you report the harassment to your supervisor or HR before the incident occurred?

In New York, employers are required to address workplace harassment complaints.
Yes I spoke to the manager a day before the incident and she never tried to settle the matter plus the employee had complaints against her for similar incident
Did you document your complaint to the manager? In New York, having proof of reporting harassment can be crucial in wrongful termination cases.
Spoke to her face to face
Did you have any witnesses or any other form of evidence when you spoke to the manager about the harassment?
Yes
What kind of evidence do you have?
Co worker testimony confirming the harassment
Did your co-worker provide a written statement or are they willing to testify on your behalf? In New York, witness testimonies can significantly strengthen your case.
Yes the will to testify on my behalf
That's great. Do you have any written communication or evidence that shows you were fired without a grievance hearing?
Yes my termination letter
What does your termination letter state as the reason for your dismissal?
Unbecoming behavior but nothing about my job preformence
Did you have a contract or were you part of a union that guarantees a grievance hearing before termination?
I am in the union I spoke to my union Rep she said she couldn't help me
What is the name of your union? It might be helpful to contact them directly for assistance.
Union *
What is the specific clause in your union agreement regarding grievance hearings?
Everyone is entitled to a grievance in they policy
What steps have you taken since receiving your termination letter?
Nothing yes do you think I should my my complaint with the EEOC before filing a civil suit
Have you contacted the EEOC yet? In general, you should file a complaint with the EEOC before proceeding with a civil suit. This is a requirement under federal law.
No going to do it tomorrow
That's a good step, ****. Do you need information on how to contact the EEOC in New York?
I have . thanks I delt with them B4 on another issue
Great, ****. If you need any further assistance or have more questions, feel free to ask. Good luck with your case.
Do you think I have a due process violation?
Based on your union agreement, if you were not given a grievance hearing before termination, it could potentially be a due process violation. However, it's best to consult with a lawyer.
Ok thanks I'll reach out to them to see if they can help
That sounds like a good plan, ****. If you need further assistance, don't hesitate to contact us. Good luck with your case.
????????
What is the name of the lawyer or law firm you are planning to consult?
Don't have one as yet