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California on the brink of IOU

Jul 02,2009

Yesterday, once again, the California legislature failed to address its budget disaster. California is officially insolvent, and the State Treasury announced that they will have to issue IOUs to creditors. This is the first time since the Great Depression that the Golden State was forced to such a desperate measure...

Question:

I worked for a skilled nursing facility as the bookkeeping dept head. Friday I was told that home office decided that they believed I could not do the job. This is after three years in the position. I was with the company for four years. They have agreed to pay out my 23 days of vacation pay so my termination date will not be entered in their payroll system for at least a month. I feel I was wrongly terminated. Are you able to do anything for me if I sign a signature card to get a union vote?

Asked By: Donna Smith on 2009-04-26

Answer:

Hi Donna,

One can not simply join a Union as a last ditch effort in order, when one is being
fired. A Union must already have been formed within your workplace so that you have
a Union which can help you to fight a wrongful termination. If your workplace is
currently not organized, you employer may fire you without case and you may have no
recourse (unless the termination is due to an illegal reason such as age
discrimination, gender discminination or other reason as covered by Federal law).

If, however, the company you work for is organized and you have simply been a scab
(an Employee who does not pay one's dues into the Union so that the Union can do its
job better), the Union may still be legally obligated to provide representation for
you (not very fair is it?). If this is the scenario, you will need to contact your
Union and ensure that you have involked your WEINGARTEN RIGHTS, during any
investigatory meetings.

Thank you for the opportunity to address your question. If we may be of further
assistance in regards to this, or another issue, please contact us again.

Fraternally,

Dustin
OrganizingAdvocate
www.Unions.org