I got hurt on my job and needed surgery for a full tear in the rotator cuff and bicep tendon.
I received workers comp. after my Company denied me and I then got a lawyer.
When I soon thought I would be able to go back to work Co. said I had to pay 1,297.00 for back union dues or I WOULD NOT BE ALLOWED BACK and I asked the controller if I COULD PAY IT AFTER GOING BACK EACH WEEK AND HE AGREED.
AFTER TALKING TO ONE OF THE BOSSES I was told I HAD TO PAY IT ALL BEFORE I GOT MY JOB BACK.
I RAN INTO SOME COMPLICATIONS WITH MY SHOULDER, BUT WHEN I FINALLY WAS CLEARED TO GO BACK WITH RESTRICTIONS BY DOCTOR I WAS GOING TO LOOK FOR ANOTHER JOB.
I APPLIED FOR UNEMPLOYMENT AND I WAS DISQUALIFED FROM BENEFITS BECAUSE I QUIT FOR NO REASON ATTRIBUTABLE TO WORK…MY CO. TOLD THEM I DIDNT COME BACK AFTER BEING RELEASED TO WORK BY DR. NOT EVEN MENTIONING I WAS NOT WANTED BACK FOR NOT PAYING OWED MONEY UP FRONT! I SENT LETTER OF APPEAL AND TRIBUNAL HAS REPLIED BACK WITH A LETTER SAYING I WOULD BE GIVEN A HEARING IN THE NEAR FUTURE THATS MY PRESENT STATUS
Chris’s Response: Did your union rep have you file a grievance through the union?
First, I don’t know who the union rep said couldn’t do what.
I REPORTED THIS TO MY UNION DELEGATE AND HE SAID THEY CANT DO THIS BECAUSE THEY ARE IN ARREARS THEMSELVES.
Who is they, the boss, or the controller for the company who was going to let you back and catch up over time?
Seems like if a union tells you the employer can’t do what they did, meaning deny your job until you take care of back union dues, he/she would also have you file an official grievance (which I’m assuming is part of the collective bargaining agreement) to hold the employer to abiding by the terms and conditions of a valid collective bargaining agreement.
So, I suppose, I should also ask what state you’re in, because some states are now “right to work” states, which by all accounts are laws enacted to make unions existence and/or hold on the labor markets tougher.
Now my question about winning an unemployment appeal. Can you prove, with a witness from the union maybe, that it was the employer who actually discharged you when they refused to let you come back to work after partial recovery from an injury? (PS, I’m assuming it was an on the job injury because you did collect worker’s comp).
I’m not even sure how that fact you began looking for work elsewhere plays into the voluntary quit issue you’re facing.
And one last question. Are you sure you shouldn’t be knocking on the door of the NLRB in addition to your state unemployment office?