False termination

A

Allme28

Guest
My former manager, ******* ********, terminmated me without notice because someone told him that I was quitting. I was on vacation the following week and was not aware of the termination until I didn't recieve a check. I tried to also recieve a family hardship transfer and FMLA because a medical condition of my mother during my week of vacation. These items were not even relevant because he took me out of the system on May 8. I'm a pt supervisor. (was) What actions can I take against him and his sidekick?? I have no insurance now or anything!!! I have been with UPS for eight and a half years. How can I fix this injustice??
 
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Mike Hawk

Well-Known Member
Tieguy claims management has a grievance process, ask him about it. I'd like to see if it is capable of accomplishing anything.
 

pretzel_man

Well-Known Member
Tieguy claims management has a grievance process, ask him about it. I'd like to see if it is capable of accomplishing anything.

Try the Employee Dispute Resolution process. Here is the phone number for the corporate administrator 404-828-4054.

Just to be clear. You're saying the following:

- While you were on a scheduled vacation, your manager terminated you for no reason other than a rumor from another employee.
- You did not receive a phone call, letter, or any other communication about this.
- You found out about your termination when you returned to work? or when you didn't receive a check?

What did they say was the reason for the termination? What did the paperwork say?

They had to give you a reason, right?

P-Man
 
J

JonFrum

Guest
Allme28,

UP to 12 weeks of FMLA leave is available to you if you worked at least 1250 hours per year. (All hours of work count, even if you are on salary and didn't get paid for all of them.) Your employer must maintain your health insurance as well. Employers have no choice in the matter. It's the law. And this law is very pro-employee. Employers must even arrange for appropriate leave, even if the employee has never heard of FMLA, doesn't know his rights, and just asks for some time off to care for a family member. The burden of compliance is on the employer.

You can learn all about FMLA here . . .
http://www.dol.gov/whd/fmla/
 

bellesotico

BOXstar
My former manager, ******* ********, terminmated me without notice because someone told him that I was quitting. I was on vacation the following week and was not aware of the termination until I didn't recieve a check. I tried to also recieve a family hardship transfer and FMLA because a medical condition of my mother during my week of vacation. These items were not even relevant because he took me out of the system on May 8. I'm a pt supervisor. (was) What actions can I take against him and his sidekick?? I have no insurance now or anything!!! I have been with UPS for eight and a half years. How can I fix this injustice??

If I were you I wouldnt be here asking questions..because everything you are speaking of is just..well strange.

Termination without notice on the word of a co-worker..just wouldnt fly. Even ups isn't above Federal Law. If this is in fact what happened..collect the facts..go directly to the Labor Commission. They will investigate your termination on your behalf for free.

Regarding your insurance...COBRA. Check your policy. You have it.
 

UpstateNYUPSer(Ret)

Well-Known Member
I have a feeling that there is more to this story than you are telling us. I find it hard to believe that you would be fired based upon a rumor without the courtesy of at least a phone call or a chat in the office.

However, that being said, if what you say is true, then you need to consult a lawyer.
 

smf0605

Well-Known Member
I have a feeling that there is more to this story than you are telling us. I find it hard to believe that you would be fired based upon a rumor without the courtesy of at least a phone call or a chat in the office.

However, that being said, if what you say is true, then you need to consult a lawyer.

Not to mention, his story doesn't make sense, (finding out he was termed when he didn't get a paycheck?) Part time supv. get paid twice a month, so since he worked till May 8th, he would have gotten a pay check on May 15th. This story sounds very odd.
 

rod

Retired 22 years
Let this post be a warning to anyone even concidering going into management. They eat their young:happy-very:
 

UPS Lifer

Well-Known Member
Pretzel_man gave you good advice, however Tie makes a good point as well.

The first thing I would do is go to the manager and find out what is going on. Get his side of the story and write it down. Seek out the Employee Relations Manager for your district and start the dialog with that person. Write down everything that takes place - dates - times - who was present and the facts. Bring someone with you, whether it is your spouse or parent (just to witness the conversation). If you know someone at UPS you could bring them. If you have someone with you, it should be someone credible who will be taken seriously. Have them document their version of the meeting after it is over. If you are getting nowhere fast ask to meet with the HR department manager.

The district should start the Dispute Resolution Process for you.

You will know where you stand after this process. If it cannot be resolved at the district level than you have your ammunition to take this to corporate and further if necessary.

With all situations that we hear, we are only getting one side. You are the only one who truly knows the situation and what has transpired to get it to this level!
 

Channahon

Well-Known Member
. Bring someone with you, whether it is your spouse or parent (just to witness the conversation). If you know someone at UPS you could bring them. If you have someone with you, it should be someone credible who will be taken seriously. Have them document their version of the meeting after it is over. If you are getting nowhere fast ask to meet with the HR department manager.


Just curious regarding bringing a spouse or parent to a meeting at UPS where discipline had taken place, in this case losing one's job. Is that a perk of working in California? No disrespect intended, just not familiar with the area.

I've been involved with some termination cases regarding management and have never allowed an outsider to sit in on a UPS meeting, although representation would be offered in the form of an HR rep to simply sit in and listen and not participate in the conversation. In most cases, the person being terminated would decline, as more often than not their termination was not a surprise. Just my experience over the years.
 

BrownSuit

Well-Known Member
Just curious regarding bringing a spouse or parent to a meeting at UPS where discipline had taken place, in this case losing one's job. Is that a perk of working in California? No disrespect intended, just not familiar with the area.

Yeah, don't bring anybody from outside the company to the meeting. Leave them in the car (as long as it's not your kids). Not only is it unprofessional, they will be asked to leave.

That said . . . You should ask to have a representative from HR in the room when anything is said.

In all actuality, if you are no longer employed, you should be escorted by a member of HR while in the center/hub to begin with.
 

BrownSuit

Well-Known Member
And I've seen my share of people quit after returning from "Vacation" so while they may have been rumors I can see where it may have gotten some credence.

Unless you are completely anti-social, you can share what you are doing on "vacation" including taking care of family. If that's the case you might also get some help outside of work. Depending on the situation with the family, I might even recommend to you to have called the Employee Assistance line before going out.

If nothing else it gives your co-workers/subordinates/supervisors something to talk to you about and make you a little more human and down to earth.

The part about not finding out until you didn't receive a paycheck doesn't make sense to me and sounds a little off . . . Even if you quit, you should have still gotten a paycheck for time worked during the pay period, unless they are holding it for some reason (Uniforms, Equipment issued, etc?).
 

UPS Lifer

Well-Known Member
I can only speak from my experience and first hand knowledge. I have seen it more than one time. If you have been fired or are not on the clock, all they can do is refuse to meet with you. What good would that accomplish? You can always go to the labor board or file a lawsuit! the company would be remiss in it's obligation of the open door policy.

I am not aware of any rules or regulations for or against this. If your job is heading south, then UPS can't expect you to think that a HR person would be an unbiased witness!!! LOL!

Brownsuit - why would you think this was unprofessional? What better way to get an outside opinion that may have a fresh perspective to help you with a positive outcome.

If your job is on the line, you may need corroboration of what took place. It also may equal out the playing field. Of course, you would not bring someone to a meeting who may not act in a professional or businesslike manner.

There is a psychological advantage if there are two of them and one of you! If the person is not schooled in HR or the arbitration process then they should just sit there and take notes and listen intently to the conversation.
 

BrownSuit

Well-Known Member
Brownsuit - why would you think this was unprofessional? What better way to get an outside opinion that may have a fresh perspective to help you with a positive outcome.

I've seen people bring their siblings and parents to job interviews. In my mind bringing them with you after you've been terminated is no worse. Also, relatives can often times get more emotional and escalate the situation.

They are also NOT unbiased themselves. I would expect an HR rep to be unbiased before I would expect a relative of a former employee to be.

If you're really that concerned, the best thing to do is to ask for permission to record the meeting or hire legal counsel.

The best thing to do is to at least go through the motions, ask to have HR there. If you don't think you were treated fairly, keep escalating it. If you still don't think you have been treated fairly, it will eventually go to an arbitrator or you have the option to pursue legal action.

Bringing your family into the situation really isn't helpful.
 
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