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Employment Law/wongful termination

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Question
I worked for the RR for 26 plus years.  I transferred from one department to another to become a conductor.  After completing the required schooling, our class was told that they have a 90 day probation period.  I was told that since I had been with the company so long that this would not apply to me.  Before I was scheduled to start I had gotten sick and had to delay my start date.  I then went out on medical (heart problems).  I asked for a copy of my personnel and medical files and found out that I was involuntarily separated on 7/10/07.  The paper was signed on Sept. 16, 2009.  I have 2 other employees files in my medical complete with their social security #'s.  A lot of my files are missing.  All of my accommodation letters.  One letter of reprimand stating that my start date was changed due to illness. No other letters of discipline. The termination reason was probationary discipline.  I have never been told that I was terminated.  I still carry insurance.  Can someone help me????

Answer
Bruce:

I would ask for an immediate meeting with the highest designated Human Resource or Labor Relations Officer of the Company.  I would show him the personnel records and ask him to intervene on  my behalf.  

Were you ever put on FMLA?  Did you request an FMLA?  IF you were covered by a union agreement during training you can ask the Union officials to help you.

Tom Ballas

Employment Law

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Thomas R. Ballas

Expertise

I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements.

Experience

I have 36 years experience in the rail industry, 16 as the lead company negotiator for all Section Six talks.

Education/Credentials
BA in Psychology, PHR and SPHR Certifications.

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