I've worked for Chrysler for 11&1/2 years. I'm also a member of the UAW. Never been disciplined. I was transfered to a new plant. I was accused of striking a co-worker. I denied it. I was fired. She wasn't. The contract calls f ...

Submitted by Coacoa on

Jurisdiction: 

Area of Law: 

Question: 

I've worked for Chrysler for 11&1/2 years. I'm also a member of the UAW. Never been disciplined. I was transfered to a new plant. I was accused of striking a co-worker. I denied it. I was fired. She wasn't. The contract calls for all parties involved to be fired. My witnesses (1 witness was a supervisor, (part of management) were never interviewed. I was rehired 8 weeks later. 3 days after being rehired the union commiyteeman (who happens to be longtime friends w/the accusser) calls the police on me. I'm arrested @ work & charged w/felony assault w/a dangerous weapon. I notify the corp of my court date. I was told "I had to fight that on my own time". She was allowed to leave work to go to court. Then, she was allowed to return to work after court. I was found "Not Guilty". The day I returned to work after the trial, she accused me of hitting het again. I hadn't even seen her. I reported her to HR. I was told he wouldn't hesitate to fire me. A week later, I was fired. The trial lasted 4 days. I called in FMLA for 3 of those days w/a stress induced illness. I couldn't call in FMLA to court, they would've issued a felony warrant for my arrest. The FMLA was approved/excused. HR went in the computer and unexcused the.3 days. Is this leal? Can the corp/union take sides? Can the corp deny me the chance to go to court even if they called the police on me? Can the corp go into the computer & change a previously excused day into an unexcused day? Can the union call the police on me?

Selected Answer: 

DakotaLegal's picture

 

Submitted by DakotaLegal on

 
Based just on what you’ve said, “No!” There are several “wrongful” (meaning possible civil liability) aspects of what’s happened to you: the process of protecting your rights, as a worker (and a citizen) has been hijacked by both the Union and the human resources department. The task you have to face—and it’s a tough one—is to overcome their testimony and complaints. You do have some things going for you: the acquittal and a series of serious legal complaints, all connected to one event. Too many times, discrimination is harder to prove because it comes after a series of possibly related, but more often disjointed, events. Connecting these dots is often very tough. Here, however, there seems to be a triggering event…a false accusation, which was proved to be unlikely, and was then repeated.
 
So before we look at some ways to specifically challenge what’s been done, concentrate on developing a “thesis” or story of why this has happened (really, started by this woman claiming an assault). You’ll need a credible, provable narrative to offer an alternative version. Begin with answering the question; Why? Why has this woman done this? If you can somehow provide a believable motive for her lies, then you may have a good chance to get a lawyer to accept the facts you will develop to explain and contradict her testimony.
 
I don’t know how you’ve been affording legal help, so far. One thing your opposition will count on is to make it as expensive as possible to try and stop you from going any further. Start looking for some low-cost legal help. You have several interesting aspects of a lawsuit, ranging from their misuse of the legal system, to possible false arrest charges, defamation, and breach of contract. This may well take years, while also needing to be filed as soon as possible, because of “statute of limitations.” http://statelaws. findlaw. com/michigan-law/michigan-statutes-of-limitations/.
 
Here are some sources and ideas for affordable legal help:
 
Michigan legal aid: http://www.michiganlegalaid.org/.
 
Try local law schools, where they donate thousands of hours to interesting, challenging discrimination cases, under supervising professors… http://www.law. umich.edu/clinical/generalclinic/Pages/communityresources.aspx.
 
Though they are unlikely to help, it’s still my understanding that most auto unions still have legal aid (through 2014). Document your request for help and their response. They may decline to help, based on a conflict of interests in the prior case. But it may (unless he’s already their client) also restrict their ability to help the woman who falsely accused you, later on. http://www.freep.com/article/ 20110924/BUSINESS01/109240382/GM-UAW-deal-end-free-divorces-other-legal-help.
 
Use the Michigan Bar Association, asking for Pro Bono (free) help, or to find an expert in the field of false arrest and Union law: be certain to get a lawyer who offers free consultations. Here are two referral links… http://www.michbar .org/programs/lawyerreferral.cfm or 1-800-968-0738 and http://www. michbar.org/programs/atj/pdfs/probonoreferencemanual.pdf.
 
Get Her Statements and Testimony: Look for Inconsistency
 
Have some help to go over the testimony of the woman who accused you. Look for flaws and inconsistencies: you will probably end up naming her in a civil suit. Ascertain if there was surveillance video never used, or if she has a pattern of harassment and false accusation…such as by doing a public records search for her name, or her supervisor’s name (who backed her up), in court filings and police complaints.
 
Most courts now have recorded testimony. You can find out if you can get her testimony in your trial, by contacting the court where the assault charge was filed. Some pointers… http://www. michbar. org/journal/pdf/ pdf4article958.pdf.
 
 
The Importance of the “Not Guilty” Ruling
 
Hopefully, the reason for your being found not guilty related to the lack of credibility, or believability, of the supposed ‘victim.’ This Not Gulity really helps support a variety of other possible claims you now have, in the field of law called “torts.” Unlike a criminal charge, where someone has to be found guilty “beyond a reasonable doubt,” your tort suit has to show only a preponderance of evidence…more likely than not to be true. For example, you may have a defamation suit against the woman who made the false charge.
 
“1) a false and defamatory statement concerning the plaintiff, 2) an unprivileged communication to a third party, 3) fault amounting to at least negligence on the part of the publisher, and 4) either actionability of the statement irrespective of special harm or the existence of special harm caused by publication.”
Here’s a case to look at, and to see these four elements of proving she defamed you by falsely accusing you of assault: http://caselaw.findlaw.com/us-6th-circuit/1322105.html.
 
 

All Comments

DakotaLegal's picture

 

Submitted by DakotaLegal on

 
Based just on what you’ve said, “No!” There are several “wrongful” (meaning possible civil liability) aspects of what’s happened to you: the process of protecting your rights, as a worker (and a citizen) has been hijacked by both the Union and the human resources department. The task you have to face—and it’s a tough one—is to overcome their testimony and complaints. You do have some things going for you: the acquittal and a series of serious legal complaints, all connected to one event. Too many times, discrimination is harder to prove because it comes after a series of possibly related, but more often disjointed, events. Connecting these dots is often very tough. Here, however, there seems to be a triggering event…a false accusation, which was proved to be unlikely, and was then repeated.
 
So before we look at some ways to specifically challenge what’s been done, concentrate on developing a “thesis” or story of why this has happened (really, started by this woman claiming an assault). You’ll need a credible, provable narrative to offer an alternative version. Begin with answering the question; Why? Why has this woman done this? If you can somehow provide a believable motive for her lies, then you may have a good chance to get a lawyer to accept the facts you will develop to explain and contradict her testimony.
 
I don’t know how you’ve been affording legal help, so far. One thing your opposition will count on is to make it as expensive as possible to try and stop you from going any further. Start looking for some low-cost legal help. You have several interesting aspects of a lawsuit, ranging from their misuse of the legal system, to possible false arrest charges, defamation, and breach of contract. This may well take years, while also needing to be filed as soon as possible, because of “statute of limitations.” http://statelaws. findlaw. com/michigan-law/michigan-statutes-of-limitations/.
 
Here are some sources and ideas for affordable legal help:
 
Michigan legal aid: http://www.michiganlegalaid.org/.
 
Try local law schools, where they donate thousands of hours to interesting, challenging discrimination cases, under supervising professors… http://www.law. umich.edu/clinical/generalclinic/Pages/communityresources.aspx.
 
Though they are unlikely to help, it’s still my understanding that most auto unions still have legal aid (through 2014). Document your request for help and their response. They may decline to help, based on a conflict of interests in the prior case. But it may (unless he’s already their client) also restrict their ability to help the woman who falsely accused you, later on. http://www.freep.com/article/ 20110924/BUSINESS01/109240382/GM-UAW-deal-end-free-divorces-other-legal-help.
 
Use the Michigan Bar Association, asking for Pro Bono (free) help, or to find an expert in the field of false arrest and Union law: be certain to get a lawyer who offers free consultations. Here are two referral links… http://www.michbar .org/programs/lawyerreferral.cfm or 1-800-968-0738 and http://www. michbar.org/programs/atj/pdfs/probonoreferencemanual.pdf.
 
Get Her Statements and Testimony: Look for Inconsistency
 
Have some help to go over the testimony of the woman who accused you. Look for flaws and inconsistencies: you will probably end up naming her in a civil suit. Ascertain if there was surveillance video never used, or if she has a pattern of harassment and false accusation…such as by doing a public records search for her name, or her supervisor’s name (who backed her up), in court filings and police complaints.
 
Most courts now have recorded testimony. You can find out if you can get her testimony in your trial, by contacting the court where the assault charge was filed. Some pointers… http://www. michbar. org/journal/pdf/ pdf4article958.pdf.
 
 
The Importance of the “Not Guilty” Ruling
 
Hopefully, the reason for your being found not guilty related to the lack of credibility, or believability, of the supposed ‘victim.’ This Not Gulity really helps support a variety of other possible claims you now have, in the field of law called “torts.” Unlike a criminal charge, where someone has to be found guilty “beyond a reasonable doubt,” your tort suit has to show only a preponderance of evidence…more likely than not to be true. For example, you may have a defamation suit against the woman who made the false charge.
 
“1) a false and defamatory statement concerning the plaintiff, 2) an unprivileged communication to a third party, 3) fault amounting to at least negligence on the part of the publisher, and 4) either actionability of the statement irrespective of special harm or the existence of special harm caused by publication.”
Here’s a case to look at, and to see these four elements of proving she defamed you by falsely accusing you of assault: http://caselaw.findlaw.com/us-6th-circuit/1322105.html.