Severence rehired and fired

i worked for ABC Sliced Bread in S.F. Ca. I am a member of Teamsters Union. About 5 weeks ago the plant i worked in closed. On the last day we were given all the pay we had coming except the severence pay, they said it would be mailed. A week after closing i was called to work at French Bread in Oakland, Ca. When my severence check arrived I cashed it. Then about a week later I was told to give back the severence check since i was given another job. Both companys are owned by ABC. When i told them i cashed the check i was excorted off the property where i was working and told i had 3 days to repay the severence amount I received or my employment is terminated. i offered to pay it back in payments since i did not have the full amount but was refused. Is this wrongful termination and was i entitled to the severence(it is in the union contract). I was unemployed for a week but the company says it was a transfer. Many of us at Sliced Bread applied for French Bread before the closure of Sliced Bread. I received a letter thanking me for my application but all positions had been filled.

1 answer  |  asked Sep 24, 2005 3:53 PM [EST]  |  applies to California

Answers (1)

Richard J. Vaznaugh
Wrongful termination

Typically all wages are due on the date of termination and employer cannot recoup wages after they are paid. So, being terminated because you would not comply with an illegal request would be grounds for a wrongful termination claims. There are some exceptions however, and big one is that a union can contract-out of many of the California Labor Code protections.

I'm interested in your issue though, so if you gather up any policies or union agreements that relate to the plant closing and let me know, then we can set up a free telephone consultation. Sincerely, Richard Vaznaugh 415-593-0076

posted by Richard J. Vaznaugh  |  Sep 24, 2005 6:48 PM [EST]

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