Jim
Anaheim,#2Consumer Comment
Mon, May 16, 2011
First, a class action lawsuit would get you nothing. Even if you were to win, the amount of the settlement would be pennies, even if you initiated it, so you would have to initiate something like this on your own. Even so, your action would probably have to be for unjust termination, and it doesn't appear there was anything unjustified about it based on the facts as you provide them. It would seem the union negotiated the settlement with ATT as well; I sense the union did the best they could under the circumstances. You're going to have to provide the documents you were handed and signed at the time of your discharge to your attorney in order to figure all of it out. I would believe that if the union negotiated your termination along with everyone else....they had their attorneys cross all t's and dot all i's before proceeding. The attorneys would have also reviewed the seniority clauses in your CBA as well before your termination as well. Keeping newer employees in a union environment is generally unusual unless there are mitigating circumstances to either selectively choose poor performing employees, choose employees close to retirement and offer a better pension than they would have otherwise received, or other circumstances outside the CBA.
What is worse is that your refusal to accept a job in another city has been deemed in some collective bargaining situations as a voluntary termination - doesn't matter the reason for the refusal. Once discharged from the company, voluntary or otherwise, your past history with the company doesn't obligate the company to hire you back.
It's now also been five years. There may some states like California where the statute of limitations has run out. You will need to check this out in your state; it may not be an issue in your state since many other states go longer...seven to ten years.
You may wish to engage in additional training in order to get a job in a new career. The phone business is not what you want to be in anymore....