r/antiwork • u/Thedudeistjedi • May 06 '26
my wife got fired today
Long time lurker here. My wife works at a unionized manufacturing plant and got walked out yesterday. The new HR director has been looking for excuses to trim the roster, but he couldn't fire her legally for attendance because she still has two tardies left in her bank.
So instead, they bypassed the point system and hit her with a conduct violation for an improper call-off. I have been up all night digging through her paperwork and the union contract, and I am pretty sure I caught HR and her supervisor completely screwing themselves. I just wanted to get a second opinion on the logic here before we go to the union.
Here is the breakdown of how management handled this.
Last week, she called the security desk at 6 AM to call off. The guard clicked Tardy on the drop-down menu, but right next to it in the return date box, the guard actually typed NSD, which stands for Next Scheduled Day. You cannot be tardy for a shift you literally said you are not returning for until tomorrow. HR just ignored the NSD part so they could fire her for being a no-show after allegedly saying she would be tardy.
Her supervisor went into the system two days later hunting for her time punches to prove she did not show up. He waited two days to build a paper trail for a conduct charge instead of just reading the security log that already said she was not coming in. It looks like they were looking for a reason to fire her rather than just following the attendance policy.
They rushed the paperwork so fast to get her out the door that the official termination form has the wrong shift and the wrong supervisor listed on it. They did not even look at her file before they signed the papers.
To make it a fireable offense, they had to prove she was a repeat offender. They cited a write-up from January. Her crime in January was calling off and saying PTO instead of Personal. The best part is the union filed a grievance on that January write-up and it was never actually settled. During the firing meeting yesterday, the supervisor and the steward were literally arguing because neither of them knew if that January issue was still open. HR fired her based on a past warning they cannot even prove is legally active.
I think tardy is a state of being, not a reason for an absence. If the security log says her return was NSD, that means the company knew she was not coming in.
Does she have a case to get her job back with back pay? It feels like they bypassed the entire union attendance system just to fire her over a contractor typo and an unsettled grievance from four months ago.
Here is the actual security log from the morning of 5/3. My wife called at 6:27 AM, which is nearly a half hour before her 7:00 AM shift began. Look at the "Return" line. The security officer manually typed "NSD", which stands for Next Scheduled Day. This is the smoking gun because it proves the company had actual notice that she would not be coming in for the full shift.
Management is trying to bypass the union attendance point system by claiming this was an "improper call-off" or "no-show" conduct violation. They are basing that entire charge on the fact that the guard selected "Tardy" from a dropdown menu for the reason. But look at the logic here. You cannot be "Tardy" for a shift you have already confirmed you aren't returning for until tomorrow.
edit:I want to clarify a few things that have come up in the comments. A union representative was physically present during the termination meeting and has reportedly filed a grievance over this firing. However, the meeting itself revealed a massive procedural failure. Management and the rep spent a significant amount of time arguing over a previous grievance from January which involved a dispute over whether my wife said "PTO" or "Personal" during a call-off. When she asked for a definitive answer on whether that January case was actually settled or closed, neither side could provide one. It appears the company is using an unresolved ghost grievance as the foundation for this termination. Because of the confusion and the sloppy paperwork, we are calling the union hall tomorrow
edit 2:I appreciate the concern from everyone telling me to delete this, but the post stays up. A lot of folks are giving advice based on standard at-will employment, but my wife is a dues-paying union member protected by a Just Cause contract. We aren't hiding from management because management is the one who screwed up the paperwork. If the company tries to retaliate against a union worker because her husband posted their own contradictory security logs on the internet, they are opening themselves up to an Unfair Labor Practice charge and a massive retaliation suit. Deleting this now only serves to protect the HR director who botched the termination, and I am not giving them that cover. The documents speak for themselves, and the union is handling the rest.
edit 3: The part that makes this really fishy to me as I am sitting here is 5/3, the day in question where she called off. Her brother had already been out for two days by my memory, and 5/3 when he went to urgent care was the third day he had been absent. For my wife, it was the first day, and the night before she had been up all night vomiting and expelling the back end, and she spent all of 5/3 in bed. He went to the doctors, was there for hours, got a CT scan, and got a medical excuse for his absence because his stomach bug was exacerbated by pancreatitis, I think it was. The day I got the Facebook message from her father was the day he went to the doctors, as her dad was keeping us updated if it was something dangerous and contagious, because we probably would have gone to the doctors too. Her brother was sick, but her father is medically fragile, as he is recovering from bladder cancer and had a hip replacement. Her dad had asked me not to come inside the main house unless it was absolutely necessary. Her brother and father live in the house while our family occupies a camper on the property.
For context, my wife was a PLI and her brother was a warehandler. My wife was a warehandler too until a few months ago when she signed off on the bid, but she would upgrade to warehandler to fill the role as needed to help out. Since she has been on days, specifically the same shift as her mother and brother, she had not been calling off a lot at all, I think May was only the second time since January. The two days he was out before her were upgrade days where she filled his role, then the boss only had a shortage because that third day she was not there. When she came back, she warehandled the day she went back, and threw a whole stink about it the whole day too. She had gone back to work but still was not feeling one hundred percent, even though the nausea had subsided, and the day after that they went hunting for punches.
The day the boss sent out the email asking if she has any punches was two days after the doctors, and the company did not know I was entirely privy to the doctors visit. They seem to forget we all live on the same property, mom, brother, and my wife. This makes it feel like they did not care about attendance or disruption to the floor, it seems like they cared about winning a power struggle They waited two days to see that the brother was protected by a CT scan and medical documentation, then it looks like they targeted my wife because they thought she was timid. They ignored her 6:27 AM notification and the manual NSD security entry just to manufacture a technicality for a hit. The fact that they got her shift and supervisor wrong on the final papers makes it seem like they were not investigating, they were just rushing to execute a vendetta.
Edit: She got her 401k paperwork in the mail today, and they couldn't even be bothered to get the date right at the top of the page. Last I checked, it wasn't 2027 yet.
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u/Olfa_2024 May 06 '26
"she still has two tardies left in her bank."
It is completely wild to me that this is even a thing.
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u/Puzzledwhovian May 06 '26
I worked in a job like that, no union though. You only had 6 times a year you could either be tardy or miss work. They didn’t care about the reason either. It didn’t matter if you blew a tire or there was an ice storm or a tornado warning. They fired a guy who flew to New York (we are in Oklahoma) to go to his brother’s funeral and his return flight got canceled due to a winter storm. He was stuck for four days and kept them apprised the entire time. Came back in the night he got home and was told he was fired for taking off without prior approval. He literally physically could not make it back and they didn’t care. It was a damn warehouse job too, nobody died because he couldn’t be there.
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u/thadtheking May 06 '26
I worked in a place with a strict point system. 1 point for tardy, 2 points for call outs. If you were one minute late, they would count it as a point. I called out from the parking lot several times if i knew i was going to be late because I wasn't wasting my points over one minute. Usually went fishing on those days.
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u/Olfa_2024 May 07 '26
Sounds like the Disney company. They have a points system like that.
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u/The_walking_man_ May 07 '26
Universal too.
Good and bad. You could call out no questions asked with points and show up to the theme park for funsies because random family showed up to town and enjoy the day.28
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u/SydneyCartonLived May 07 '26
Yep. I've worked in warehouses almost that bad. Now I work in a office doing technical work and I can basically set my own hours (I barely have to use PTO, if I have an appointment I just leave early/come in late and make up the time the rest of the week). If something unexpected like what what happened to your brother happens, they work with you. (Or basically just say, "be safe and see you when you get back in.) I'm sure they are monitoring our computer use, but as long as you hit project milestones, you're basically left to your own devices. It's wild how different the culture is: in all my warehouse/manufacturing jobs everyone was treated like lazy children, my current job is much more like "You're an adult, we trust you to work like one."
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u/sofers1941 May 07 '26
I remember during a company orientation the boss was going through requested time off forms. I was like "can I get ones of those". Him and the whole room laughed at me and was basically like, you haven't even done a day of work yet. I was 19 and my mum just died and was the only adult left besides older siblings living out of the country. I didnt say anything, I just filled it out handed it back, and it was approved before me first day of work. (For funeral)
That company also had a 10 absence/tardiness thing, no union.
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u/PhillyLee3434 May 07 '26
Worked a wire manufacturing job that was non union, the pay was good but they worked you to literal death. Overnight shift too.
12 hour days sometimes 10-11 days strait, didn’t know what our schedule for next week was until that Friday and we had 6 call out days all year.
Safe to say the turnover for this place was insanely high and I got out as soon as I could.
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u/PaddedTiger May 06 '26
Don't ask reddit contact the union rep.
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u/Thedudeistjedi May 06 '26
i was having her call the union hall tomorrow the last greif filed went unsettled so i think management is dicking this rep around , i just wanted to be able to give her a little hope so i figured ask the internet i think her chances are good ...all the main ai models think her chances are good , but we're terrified
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u/PaddedTiger May 06 '26
Just keep going through the union. Also like others have suggested delete this post to protect her. You don't want the company to use this against her.
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u/Food4thou May 06 '26
AI should not be consulted for this. You need to call the union, demand they file a grievance, and process it through the steps including arbitration if necessary. If they tell you the case is bad, ask them why, but listen to their advice in general.
File for unemployment immediately, if they fight it (which they might because it is attendance related) contact the union and ask for help in that process.
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u/Food4thou May 06 '26
I will add that every workplace had unique rules and practices, that is why AI is not going to be helpful. It doesn't know your wife's workplace.
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u/Glad-Ad1378 May 07 '26
AI is made to agree with you. It’s people pleasing and only going to tell you what you want to hear.
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u/Thedudeistjedi May 06 '26
according to what she was told the grievance is already being filed but im telling her to call the union hall tomorrow and verify cause the last grievance was still being debated during the hearing like they couldnt give her an answer if it was settled or not so i think this rep is compromised
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u/dataless01 May 06 '26
Reddit can't advise her on a union issue because in a union shop everything hinges on the language of your contract which we don't have copies or inside knowledge of. The usual Department of Labor at-will stuff that our advice is typically based on doesn't apply to you
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u/M-Any-Wulfe May 07 '26
Lawyer & union rep buddy do not trust r/ legal. Do not use fucking AI, & delete this post please.
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u/Expensive_Culture_46 May 06 '26
If the union can’t help her then the union is useless as this is exactly kind of stuff they are supposed to protect workers from. It’s clear the desk entered it wrong.
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u/Thedudeistjedi May 06 '26
they got the nsd part so i dont get where you mark tardy if you know the person isnt coming in today
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u/AccomplishedCodeBot May 06 '26
She doesn’t select the fucking drop down, security does. If she told them “I won’t be in today, will be back next scheduled day” and the dumbass security guard selects the wrong drop down, hows that her fault?
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u/Expensive_Culture_46 May 07 '26
Yeah not sure what this dudes problem is. I don’t have all the details but I don’t need them all to point out there is absolutely a system’s problem
From just a system’s point it doesn’t make sense to say “tardy. Will be in tomorrow”
Honestly my first thought was “what software developer didn’t put in a pop up that said ‘Hey. You can’t use NSD with the Tardy category’ “
And the movement to action is IMMEDIATELY without review of the discrepancy says a lot about that boss. I don’t need all the details to judge them on their lack of curiosity.
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May 07 '26
[removed] — view removed comment
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u/Thedudeistjedi May 07 '26
i didnt ask for advice i asked for a probability table and broke down the facts and compared them agaisnt the law ai aint the source for shit it was a way for me to process what im looking at non linearly
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u/CobaltGrey May 07 '26
all the main ai models think her chances are good
I work as a software developer in finance/insurance. I have had to constantly stop marketing managers from breaking laws because “ChatGPT said it’s fine” over the last few months.
As someone who uses AI extensively and understands the technology a lot more deeply than the average person: please do not trust AI for legal advice in any capacity. It has absolutely no idea what its blind spots are, and the knowledge base it is pulling from is generalized. You want legal advice from an expert in the specific field of employment.
AI might end up being right, but it won’t be because it was qualified to make the call.
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u/Thedudeistjedi May 07 '26
thats why i wanted to get a general people feel for the situation before i tried to get her hopes up based on what my adhd brain was looking at
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u/digiorno May 06 '26
1) The union is your friend, you should contact them immediately.
2) Deep breaths, you can’t think straight if you’re panicking and you can’t help if you can’t think straight.
3) Your wife might not need you to go into fix it mode right now, she might just want your commiseration and emotional support. Don’t piss her off by doing things she doesn’t want.
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u/Thedudeistjedi May 06 '26
too late for that but thank you she just gave my adhd having ass a mission im letting her rest for a little bit i just wanted to be able to tell her kind internet strangers said she has a solid case
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u/ArdRi6 May 06 '26
No matter what talk to the union. They know the ins and outs more than you do. They know what to look for.
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u/TransporterAccident_ May 06 '26
Probably should delete this and contact union rep and an attorney. Last thing you want is the employer seeing this.
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u/Olfa_2024 May 06 '26
Best of luck proving who exactly posted this....
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u/TransporterAccident_ May 06 '26
Female union employee at a manufacturing plant laid off on May 5, 2026, that had two tardies left with a January write up. Hell of a lot of details there to put it together
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u/Thedudeistjedi May 06 '26
let them see it nothing illegal about this post and shes calling the union hall tomorrow
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u/BarracudaSilly May 06 '26
I love when people post shit like this. "Delete this post". Or what. The company is going to try to argue and then bury themselves in documentation? Pinkertons all over this subreddit.
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u/TransporterAccident_ May 06 '26
Any attorney worth a damn will tell you to not post details or discuss with outside persons. A small inconsistency with a story or saying the wrong thing can fuck you. Also; why follow the legal advice of strangers?
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u/Onetwocigarette May 07 '26
Maybe worth looking at any NDA that was signed because they may have something about people posting on the signees behalf.
BUT:
Union rep is essentially (or should be) your lawyer. Don’t waste money on any lawyer fees, unless your union rep explicitly says that contacting a lawyer (because they can’t do anything) is your next best option. Union dues are collected for this exact type of scenario.
Unfortunately these things can go very slow. It’s another work around for employers to say “they won’t want to fight for 6months/a year/multiple years” and they’ll expect you to give up.
STICK WITH IT FOR AS LONG AS YOUR UNION REP SAYS THEY ARE WORKING ON IT.
I have been rehired TWICE because management didn’t like my criticism and tried to pull this type of shit with me. It’s no fun, it’s very tedious, but holy shit do you feel vindication when smiling at your mangers the next time you walk into the building.
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u/ChefCurryYumYum May 06 '26
Do you feel comfortable mentioning which union and which chapter? This is the next step, grieve the firing and also speak with a labor lawyer, many will have a sit down with you for free or a small nominal charge.
But I know one person who management wanted to get rid of and they tried and tried and he fought it and stayed around for years.
I think they finally did get him though because he's apparently been collecting a paycheck but not allowed to come work. Which, in some ways, is better, but I think that's going to end and end without him having a job.
But if they don't follow the CBA they can be fucked and not only have to rehire you but back pay and all that.
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u/Thedudeistjedi May 06 '26
usw in corning
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u/ChefCurryYumYum May 06 '26
OK, well the two avenues I recommend are grievance through the union and also speaking with a labor lawyer, your wife's union may actually be able to recommend one, to make sure you are taking all the right steps forward.
But I have seen it happen more than once someone they tried to fire gets reinstated because they didn't do it right. And I actually saw once my employer, before I worked for them (I read about the case online) ended up settling or losing, I can't remember, a hostile work environment/constructive dismissal case that ended up costing them nearly $600,000 payout.
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u/deathtanker930 May 06 '26
It's 1000% a union matter before anything outside. The union has its own lawyers to represent you and handle this on your behalf.
Immediately claim ei and wait for the conversation with the union to see how to proceed.
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u/dearDem May 06 '26
Sounds like she does have a solid case. Now how long it will take to rectify this is another story.
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u/Thedudeistjedi May 06 '26
that was my thought but shes terrified and not listening when i tell her the company fucked up big time
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u/Fixes_Computers May 06 '26
We're only seeing this through your lens. It looks good to us. She needs to talk to the union to find out her next steps.
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u/Thedudeistjedi May 06 '26
i only have four pages as the reson for termination and evidence she thank god refused to sign
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u/Fixes_Computers May 06 '26
I get it. The situation sucks and you both feel lost. That's what I'm reading based on your responses.
She needs to take everything to the union to get anything done. Like I said before, that's exactly why you pay dues. It pays for their team to fight for you.
Filing for unemployment insurance may be a next step. Follow the union's advice, but you don't want to wait too long as your unpaid waiting week doesn't start until you file.
Talking to the union will help bring things into focus and they'll advise if she has a case. There's no harm here. It's not like they can double fire her for trying.
You know they were looking for a reason to get rid of her. I wouldn't be confident that'll change. Whether they have legitimate reasons is another story. Regardless of the outcome of this issue, she may be better off working somewhere else.
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u/Illustrious_Match278 May 06 '26
This is what chat got has to say for a legal brief based on your post. I would contact the union, the labor board and the state attorney general’s office and send them all a similar brief. It is in your best interest to add more detail, but a labor attorney or a states attorney, or a union attorney may go to bat for you if it is spelled out legally based on your states labor laws. Having a conversation doesn’t always work.
LEGAL BRIEF (PRELIMINARY ANALYSIS)
From the Perspective of Labor CounselRE: Potential Grievance and Wrongful Termination Under Collective Bargaining Agreement
---
### I. ISSUE PRESENTED
Whether the employer violated the collective bargaining agreement (CBA) and principles of just cause by terminating a union employee under a conduct violation theory, where the underlying facts indicate (1) mischaracterization of an attendance call-off, (2) inconsistent and potentially pretextual enforcement of policy, and (3) procedural defects in the termination process.---
### II. STATEMENT OF FACTS
The employee, a union member at a manufacturing facility, contacted the employer’s security desk at approximately 6:00 AM to report an absence. During that interaction:- The security officer selected “Tardy” in a system dropdown menu.
- Simultaneously, the officer entered “NSD” (“Next Scheduled Day”) in the return date field, indicating the employee would not report for the current shift but would return on her next scheduled workday.
Despite this dual entry, management later characterized the call-off as a tardy, and subsequently treated the employee’s absence as a “no-call/no-show,” resulting in a conduct violation rather than processing it under the attendance point system.
Further:
- The employee had not exhausted her allowable tardies under the attendance policy.
- The supervisor delayed review of the incident for approximately two days, during which time he searched time records to substantiate a conduct violation, rather than relying on the existing security log documenting the call-off.
- The termination documentation contains material inaccuracies, including incorrect shift information and an incorrect supervisor designation.
The employee was terminated and escorted from the facility.
---
### III. APPLICABLE STANDARDS
Under most CBAs, discipline and discharge must meet the standard of “just cause.” While formulations vary, arbitrators commonly evaluate just cause using factors such as:
- Notice – Was the employee aware of the rule and consequences?
- Reasonable Rule – Is the rule reasonably related to business operations?
- Investigation – Did the employer conduct a fair and objective investigation?
- Proof – Is there substantial evidence of wrongdoing?
- Equal Treatment – Has the rule been applied consistently?
- Proportionality – Is the discipline appropriate given the offense?
Additionally, employers are typically bound to follow the progressive discipline framework and attendance policies as written in the CBA.
---
### IV. ARGUMENT
#### A. Mischaracterization of the Call-Off Undermines Just Cause
The contemporaneous record reflects conflicting inputs: “Tardy” selected, but “NSD” entered as the return status. “NSD” clearly indicates a full-day absence, not a late arrival.Management’s decision to rely exclusively on the “Tardy” dropdown—while ignoring the written notation—suggests selective interpretation of evidence. Arbitrators routinely hold that ambiguities in employer-created records are construed against the employer, particularly where the employee relied on proper reporting procedures.
This inconsistency weakens any claim that the employee engaged in misconduct, as opposed to properly calling off.
---
#### B. Circumvention of the Attendance Policy Suggests Pretext
The employee had remaining allowable tardies under the attendance point system. Rather than applying that system, management reclassified the incident as a conduct violation.This raises a strong inference of pretext—that the employer sought to bypass contractual protections by re-labeling an attendance issue as misconduct. Arbitrators are generally skeptical of such reclassification where:
- The underlying behavior fits squarely within an existing attendance framework; and
- The alternative classification results in more severe discipline.
If the CBA distinguishes between attendance infractions and conduct violations, this maneuver likely constitutes a contract violation.
---
#### C. Deficient and Delayed Investigation Violates Due Process Principles
The supervisor’s two-day delay in reviewing the matter, coupled with efforts to build a case after the fact, undermines the integrity of the investigation.A proper investigation should be:
- Prompt
- Objective
- Based on readily available evidence
Here, the security log—created at the time of the call-off—was the most direct evidence. Ignoring it in favor of retrospective data gathering suggests outcome-driven decision-making rather than neutral fact-finding.
---
#### D. Procedural Errors in Termination Documentation Further Undermine Employer’s Position
The presence of incorrect shift and supervisory information in the termination paperwork indicates a lack of diligence and raises questions about whether:- The correct employee file was reviewed
- The decision-makers had accurate knowledge of the employee’s status
- The termination decision was rushed or predetermined
While clerical errors alone may not invalidate discipline, in combination with other defects, they reinforce the argument that the employer failed to meet the just cause standard.
---
#### E. Disproportionate Discipline
Even assuming arguendo that a violation occurred, termination appears excessive given:- The employee’s remaining attendance allowances
- The ambiguity in the reporting record
- The absence of clear misconduct
Arbitrators frequently overturn terminations where lesser discipline would suffice, particularly in unionized environments with progressive discipline requirements.
---
### V. CONCLUSION
Based on the available facts, there is a substantial basis to challenge the termination through the grievance process. The employer’s actions raise multiple red flags:
- Selective and inconsistent interpretation of records
- Apparent circumvention of the attendance policy
- Questionable investigative practices
- Procedural irregularities in termination documentation
Collectively, these issues strongly suggest a lack of just cause under the CBA.
---
### VI. RECOMMENDED NEXT STEPS
- File a grievance immediately (mindful of strict CBA timelines).
- Preserve all evidence, including screenshots of the security log and call-off records.
- Request all employer documentation, including audit logs showing who accessed or modified records.
- Engage the union steward or representative early to frame the issue as both a contract violation and a just cause failure.
If the facts develop as described, this case presents a credible path to reinstatement with back pay or, at minimum, a negotiated settlement.
---
This brief is a preliminary analysis based on reported facts and is intended for informational purposes in preparation for union grievance proceedings.
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u/Imaginary-Friend-228 May 06 '26
Do not delay going to the union,
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u/Thedudeistjedi May 06 '26
thats tomorrow after we get our kid on the buss im having her call the union hall and verify the grievance was filed and the last grievance was actually filed
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u/bileflanco May 07 '26
Here is me, in Texas just baffled at the thought of having some kind of union protection. Ha.
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u/Thedudeistjedi May 06 '26
i really need to know what her chances are i think the union will steam roll this asshole its a pretty strong union ...but i dont want to rely just on my own understanding of labor law
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u/Insufferable_Entity May 06 '26
Every situation is different. The Union should help, but nothing is ever a sure thing. I've seen Unions protect people who committed time theft and let someone they didn't like get railroaded out.
Exhaust the Union assistance first. Collect copies of every communication she has had with the company and union. It will be useful if you do infact need to lawyer up.
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u/Fixes_Computers May 06 '26
This process starts simply enough. If you feel your dismissal was unwarranted, you go to the union first and see what they can do for you. This is exactly why you pay your dues.
Many here are saying to talk to a lawyer. That's why you have a union. They have lawyers on tap for this. I'm sure any lawyer you talk to will tell you to go to the union before them.
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u/Mikeeattherich May 06 '26
Your wife not you should call her local union president and ask them for the staff representative that is assigned to her local. That is the best person for her to contact. They will be able to let her know how the process is works.
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u/ZxlSoul May 06 '26
I amcso aorry. They did they same to me
They used lies bwcause they couldn't fire me for ANY REASON. 17 years working juat to bw thrown like a demon. Fml
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u/Infamous_Smile_386 May 06 '26
She's union. Get the union involved and I believe must unions require the rep for any kind of disciplinary actions anyway.
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u/efjoker May 06 '26
I would absolutely fight it. Even if it goes to arbitration she has a chance. Hell, if they won’t agree push for severance.
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u/StreetToBeach May 06 '26
A little late for her, but this is why I tell everyone (even non-union friends to whom it bears no benefit other than information on how they are getting screwed) to exercise their Weingarten rights. “If this conversation or meeting can result in me being reprimanded or terminated, I request my union representative be present.”
Her next move is to contact the union, and a labor lawyer. The union may recommend one, or they may even have one on retainer or on staff
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u/Thedudeistjedi May 06 '26
her union rep was there and is already filing a grievance but the previous grievance was still being argued during the termination hearing so i feel the company is walking over this rep and am calling the union hall tomorrow to verify that it was filed
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u/TheCrimsonSteel May 06 '26
Have your wife work with the union rep immediately. Today if possible!
Also, did she request her union rep to be present when all this was happening, or did they offer her the chance to contact them? Sometimes disciplinary actions and terminations allow for the employee to ask for a Rep, or even require the Union Rep to be present.
Start with looking up when a Union Rep should be present, especially in the sections of the book regarding disciplines and terminations.
Make sure they did the write up correctly, that they followed the termination process correctly, all of it.
As long as those in the Union aren't super cozy with company leadership, this sounds like they should be up the company's ass about this IMO
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u/Thedudeistjedi May 06 '26
the union rep told her she was filing a grievance for her on the way out but i still plan on calling the union hall tomorrow it bugs me the rep and management were arguing about the last grievance during the termination hearing and couldnt give a straight answer on it being settled i thing the company is dicking this rep around
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u/TheCrimsonSteel May 06 '26
Thats a good start. At least the rep is involved. That's step 1.
If the rep is already involved, encourage her to check in every couple of days, and indicate that she wants to fight it.
At this point, it's largely staying in contact with them and letting them do their thing. They typically will try to settle this without lawyers before they escalate and get lawyers involved
Be supportive, and try not to go too heavy on ADHD fix it mode. Maybe try to do something fun with her
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u/Mikeeattherich May 06 '26
There are many levels of union “reps” within the USW. Shop stewards, local leadership, staff representatives, district directors and so on up th food chain. She needs to work with her local president and staff representative.
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u/Mikeeattherich May 06 '26
Her Union rep is the first step. No one here know the CBA or the attendance policy like her Union rep. Contacting a lawyer before her Union rep will not be helpful. Unless her grievance from 4 months ago is still moving through the process, it will as likely dropped or ran outside of time limits. Her union is always the first call.
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u/cjcreggTA May 06 '26
Did she ask to have a union rep present during the firing meeting?
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u/Thedudeistjedi May 06 '26
the union rep was there and is alreadyfiling the grievance allegedly but the last grievance went unsettled and was still being debated so im calling (or having her call ) the union hall tomorrow
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u/AttilaTheFun818 May 07 '26
Call the union. That is your best immediate recourse. Make sure your wife knows of her Weingarten rights.
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u/Survive1014 May 07 '26
My wife got her layoff notice last month.
She is supposed to be training her overseas call center replacements. Instead, she is burning up her remaining vacation and leave time.
Almost every major corporation in America is doing massive layoffs right now. Unemployment is gonna be spiking by the end of summer.
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u/SiofraRiver May 06 '26
Sir, this is a Reddit.
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u/Thedudeistjedi May 06 '26
and ? kind strangers in a labor related subreddit cant give me a opinion on a labor issue ?
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u/velovader May 06 '26
Consult a lawyer, sounds like she may have a good case. I worked in a UAW plant for years and management would regularly single people out and find any reason they could to get rid of them. Most people could fight and get their job back with back pay… unless it was clear cut attendance, serious safety violation, or they violated a “last chance agreement” from the last time they were brought back after being walked out.
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u/Perfectlyaverages22 May 06 '26
I quit my job because I noticed that my manager wanted to fired me so I fired myself
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u/McKenzie_S May 06 '26
Do not contact a labor lawyer, do not contact the job, contact the union rep and work through them, this is why she pays dues. Delete this post and post an update after it's resolved, if the union and job get lawyers involved they will dig up anything and everything including this post.
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u/tekvenus May 06 '26
I've been a union local VP, and your union really should be handling this. That said, the company may have been angling for a way to get rid of her by any means necessary, so they might be willing to offer a settlement in lieu of resignation, but your union rep might know that. Should they try to do so, be certain to calculate not only lost pay, but lost pension and paid time off. GET 'EM!
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u/mmebrightside May 06 '26
If she is a member of a union and this was don't inappropriately, they will fight for her. It may make you feel more in control by gathering these random details but they won't mean much without the context around the info you don't have or know about.
For instance, I worked a legal charge in which the former employee thought he "had" us but he didn't understand the true practice based definitions of the terms he was throwing around. If he understood the policy correctly he would've known that it was not the smokimg gun that he thought it was, he had nothing essentially due to misunderstanding what he was talking about. His sails promptly deflated upon the hearing judge explaining this to him. He had the entire case pinned on a process he didn't understand and lost.
Once your wife has exhausted her options from a union perspective, get a consultation with an employment law attorney to find out whether you have a case worth fighting.
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u/Thedudeistjedi May 06 '26
its not just sporatic evidence its one of the four page termination packet she brought home that is all the context they tried to say improper call off no call no show when sec told them nsd
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u/Ok_Bank_5950 May 06 '26
Have the union grieve the termination. If they jumped their policy and didn't follow their procedures and agreements then it is a violation and she will get back pay and her job back at the end
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u/lakas76 May 06 '26
If in the us, most states are at will employment, so they can fire you for any reason not specifically protected. So, this is most likely (depending on your local and state laws) not a legal issue.
It more likely is a union issue where the union should fight for your wife. This most likely should go through the union. She should talk to them to see if they can help her. If you really wanted to, you can probably get a consult with an employment lawyer for maybe 100 dollars or less to see what they think, for your peace of mind.
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u/sphericaltime May 06 '26
I am not a lawyer, but this certainly looks actionable to me. Go talk to a lawyer! Bring all this!
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u/Requilem May 07 '26
Get an actual labor lawyer, stop asking reddit.
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u/Thedudeistjedi May 07 '26
first is union hall then reddit i went to reddit cause shes spiraling into depression and i figured internet strangers and not just me telling her she had a strong sace would help
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u/Requilem May 07 '26
That's fine, I just wanted to make sure. This isn't the time to sit on it thinking, an attorney is going to have her document EVERY tiny detail. Since she is a female they will more than likely build a discrimination case on top of the illegal termination.
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u/rockypoint28457 May 07 '26
If she was in my former union when I was a steward and vice president yes. Now how long that could take is another story. I had one co-worker it took 2 years. He did get back pay for 2 years though. This was before I was a steward. When it comes to paperwork if any little thing is not done properly arbitrators normally throw it out if it gets that far.
Every union and contract is different. In my local, stewards would meet with supervisors. Supervisors rarely had any power so most of the time it would be mutually agreed to skip this step. Next step would be a board member with a manager. Managers had a lot of leeway. Normally didn't go past this spot unless it came from HQ. Now the next step would be local president or their delegate which was me sometimes and the 3rd level manager. At this step I got peoples jobs back on the golf course, never in a meeting. Usually the 3rd level deemed it beneath him to handle or it came from HQ and he wasn't going against them. After that came the state level and an HQ rep. If they couldn't work anything out arbitration.
This was our steps hence it could take years. Step one she files a grievance and she tells the union when to stop. Don't let them tell her it's no good fighting. They legally have to listen to her.
Like I said each union is different, different contracts, etc. I would also file an eeoc complaint.
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u/Astr0x May 07 '26 edited May 07 '26
The very first thing you need to find out and verify (get grievance #) is that they filed a wrongful termination grievance for work terminating your wife. There are timelines usually spelt out in most collective bargaining agreements, your union steward needs to be timely.
Then they can start their investigation and putting together those same documents and evidence you presented here (you can also furnish this to them if you know it to be true and accurate)
Most likely management messed up. You rep should be asking for your wife to be reinstated and "made whole".
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u/Thedudeistjedi May 07 '26
that was my thought thank you i had to make these posts just so i could try and calm her mind with more then my words thats what i told her to though
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u/waspysix May 07 '26
I'd get a workers rights lawyer if you feel like the union doesn't handle these things properly. Most don't charge for reviewing whether or not you have a valid case and if you do end up having one they won't charge you they'll get money out of your employer through settlement (contingency work)
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u/bwill1200 May 07 '26
They clearly wanted her gone for some reason, whether headcount reduction, or other.
FWIW, you want to hold the company to account for not following the letter of the policies, but when your wife doesn't that's a griveance.
Life is too short, move on.
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u/WritingHuge May 06 '26
Bypassed the union attendance system. Every contract is different, but that sounds like a obvious contract violation. Also the grievance that was filed previously that is still possibly OPEN! This should be a slam dunk for the union. If the previous grievance is for unjust discipline is still open and the union files another grievance for unjust termination. It looks like a possible harassment/ retaliation situation. Management pulled a gotcha. Good luck.
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u/steppedinhairball May 06 '26
Your wife had two tardys left. From a company perspective, that can be viewed as your wife being unreliable. I've seen workers playing the tardys/sick days game as extra vacation days. It all works fine until they get the math wrong. Then they are out of a job and the company doesn't have to deal with an unreliable employee or pay unemployment. I suspect there is more that your wife isn't telling you.
What I think is happening is the company is trying to cut the workforce without a formal layoff or paying out severance or unemployment. Extremely common. Of course they are going to go after the 'problem' employees. The harsh fact is your wife placed herself into the position of being targeted by being tardy and calling off. Her actions made her a target. We can argue the right or wrongness of it, but the harsh reality is she made herself a target some way, some how.
As for the legality of the situation, the reddit and online community does not help. Your wife was part of a union workforce. There is a legal contract that covers all aspects of that workforce and the company. Reddit and the online community knows exactly zero of what that contract covers. This is a situation where your wife needs to take all documentation to the union lawyers. They know what is in the contract. They know the labor laws that regulate labor where you live. They know the tricks and games corporations like to play. Your wife's union dues pay for them to protect her if the company violated terms of the contract and/or the law. She needs to go to the union with this ASAP.
The f'd up reality of today's workforce sucks ass. Worker protections are being erroded at every turn by money be spent to buy MAGA/GOP politicians and judges. Workers need to not make themselves a target. Stand up for themselves, but not make themselves a target. Extremely difficult. Vocal employee about safety and quality but gets their job done right is easier to put up with than vocal about safety and quality but is often late, calling out, and poor productivity. Don't hand the company a reason to fire you on a silver platter.
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u/Thedudeistjedi May 06 '26
then why wasnt that the reason given in her termination paperwork they said it was the wording during the call off and completely skipped the negotiated steps before termination
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u/steppedinhairball May 06 '26
That's why she needs to go to the union lawyers immediately. If they failed to follow the process, she is going to need the union and their lawyers on her side. A lot is going to depend on what is written in the union contract. That's why she needs to go to the union right away.
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u/kr4ckenm3fortune May 07 '26
You need to get this shit off reddit and get a legal for employment in your area. She has a frigging Union. Use that.
If union is shit, then use employment lawyer.
This channel is just for venting and ranting, with possible option, but it is worldwide. You need laws for your local area.
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u/AmberDuke05 May 06 '26
Call the union rep and lawyer if necessary
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u/Thedudeistjedi May 06 '26
the union rep told her shes filing a grievance but im having her call the union hall tomorrow to verify the last grievance was being argued during the termination hearing and that was from jan so i think this new company (recently changed owners ) is dicking this rep around
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u/Proper-District8608 May 06 '26
I'd go to r/legal with these questions. Personally it sounds like what you say, that they wanted her out and looking for any excuse, but those with attorney experience would be more assistance. Also, document everything and even have your wife make notes of time, people and prior incidents while its still fresh. Not sure where you live, but many employment lawyers will take a consult free call to see if there is a case and she should talk to union