Company Brought Me Back But is Refusing to Pay Backpay
American here. For context, I was terminated from my union job two and a half years ago. The union fought it in arbitrations, claiming that I was terminated for unjust reasons and that the company was stretching for any way to get me out. Arbitration rules in my favor and states that “any and all expenses are to be repaid” with no other clause/stipulations.
While I was away from this company, I took a job at another company that I absolutely love. My mental and physical health have improved substantially and my coworkers, boss, and I all got along like a family. Upon getting the notification that I had won the case and was awarded backpay and my job back, I took a leave of absence from the place I enjoyed. My intentions being that as long as I pass the required physicals and entry exams to be an “official” employee again (which I did) I would take the backpay I was awarded and return. However, the current company states that I must surrender my W2s from the other company as my backpay will actually be the averages income of the 2.5 years I was away, minus the total income of the 1.5 years I was employed with the other company.
My questions are, without anything in formal writing, is this normally the case, as the arbitration states, “any and all” without any other clauses/stipulations; am I entitled to the full amount? Furthermore, from what I’ve read, companies have 30 days after the award announcement to produce the payment. It has been almost two months since I was notified. Thirdly, since I have passed the necessary physical and tests, and am officially on payroll, am I allowed to leave the current company in order to return to my preferred place of work, without the worry of losing my backpay? I tried contacting the arbitrator to help clarify the form, but they refused to respond; instead preferring to call my union rep and call me unprofessional and suggest that I follow the chain of command. A chain that has been at a standstill for months without any communication.
I was told by the company that the delay was because I have yet to surrender my W2s, yet I was told by the union that I shouldn’t have to give my W2s as that’s irrelevant. The union also told me to hold on to W2s until a gross dollar amount of the 2.5 years (average income, benefits, unemployment reimbursement, paid vacation weeks, and commission) are tallied up and presented to the union for confirmation. But the company says that they “cannot calculate the number without the W2s”.
Considering this may have to become a court issue, any information to help prepare, regardless of the outcome, would be greatly appreciated.