I was Framed By UPS And Was Fired At The State Level Hearing!

Discussion in 'UPS Union Issues' started by Firedbrowndriver, Jul 30, 2009.

  1. Firedbrowndriver

    Firedbrowndriver New Member

    :angry:I was recently fired at the state level hearing and was wondering if anyone has used an attorney to sue the company. I was basically set up with things they accused me that I have done but did not do. My new manager had it out for me on his first day. I was fired for progressive discipline. I have talked with several attorneys and have gone nowhere. Any advice out there?
     
  2. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    More details are needed for most people to offer advice on these kinds of questions. What exactly were you fired for? Meaning.....what infractions were involved in the progressive discipline?
     
  3. Firedbrowndriver

    Firedbrowndriver New Member

    My first write up in the progressive discipline case was in regards to "pick up and delivery methods" UPS stated that I was not following proper pick-up and delivery methods. They claimed that I did not have good load quality and I was not hiding my packages out of sight out of weather. I was written up for temelatics having to back after a delivery. The telematics was not even accurate in this case. In the wintertime I got stuck in the snow. There were no snowboads or grit in the truck. UPS took pictures of the inside of the truck and said the snowboards were in there. They were never in there. I was written up for followings managements intructions on a route that I needed help with pick-ups. I was told to keep delivering and not worry about pick-ups that they were covered. That was not the case as a pick-up was not covered by a another driver and UPS claimed that they told me to do pick-ups not deliveries. Just the opposite as I was told. My center manager put misloaded packages in my car to see if I would deliver them. I would send them a message asking them if they want me to deliver the misrouted package and they would not respond to my messages. They were hoping I would bring the package back to the buiding and write me up for a service failure or fire me for saoking a package. My UPS manager altered my timecard on several occasions to keep me under 12hrs. I had to call him on it the next day. It was done several times. I also never received my safe driving award as others did. I was told that they did not make them anymore but other drivers still got them. I was ever written up for time gaps. I did make a few mistakes as all drivers do but did not expect to get this type treatment. I was written up for missing to sign a DVIR. I know we have all done this one time or another. I also was a swing driver who was just driving a few years. There are plenty more things to list but way too much. I wasted 15 years as a part timer to get this job. Any help with legal counsel if possible?
     
    Last edited: Jul 30, 2009
  4. wornoutupser

    wornoutupser Active Member

    If they fired drivers in my buiding for not signing the DVIR once in a while my building wouldnt have any drivers!
     
  5. tieguy

    tieguy Banned

    what do you mean by state level hearing? Has the discharge gone to the panel yet? if not then you still have to let the grievance process run its course.
     
  6. Firedbrowndriver

    Firedbrowndriver New Member

    I have already heard the grievance at the local hearing. I went to the state panel which is the last step and lost a few months ago.
     
  7. dannyboy

    dannyboy From the promised LAND

    One of the issues you are dealing with is the lack of proof that you will encounter when presenting your case. This should have already been pretty evident during the union hearings.

    I am assuming that all the hearings have run their course and are over?

    One of the reasons that there is no lawyer interested in taking on the case, is that you have already had your day in "court" and lost. Pretty much anything they can do is waste more of their time and your money.

    I am also assuming that the progressive discipline was over more than one day?

    d
     
  8. rocket man

    rocket man Well-Known Member

    Did you lose ? or was it deadlocked/? Big diffrence.
     
  9. Firedbrowndriver

    Firedbrowndriver New Member

    The progressive discipline was over a 7 month period where they built a case against me. They brought me to the state panel twice in 2 months. I believe in one case the company was filiming me on my break and tried to frame me on stealing time. The next day I noticed that they removed my breaks out of the board and I made them put them back in the board. If I would not of cought that it would of looked like I was stealing time and been fired for sure. I was also held to standards that other employes did not i.e. making me take my lunch and breaks between the 3rd and 5th hr.
     
  10. Firedbrowndriver

    Firedbrowndriver New Member

    No deadlock at the panel. "Claimaint of the Union Denied" Is what the panel told me as I walked out of the room losing my job.
     
  11. klein

    klein Für Meno :)

    Hate to say this, but I wouldn't waste my time and money to try to get re-hired.
    I know how hard you worked, and so did I and everyone else on here.
    It's ugly, you do your best... and the big thank-you.. is - your fired.

    If you got some evidence at all. Small claims court (probably max amount is $5000 in your jurisdiction), is best way to go.

    15 years is a long time.
    I felt the same way when we got a new manager.
    Kinda figured I was a target. And they we're just waiting for me, to make that 1 mistake.
    When they didn't pay me for 1 sickday in 15 mths I had (wouldn't let me use an optional)... and when we had a stat holiday, that wasn't covered in our contract (everyone else got an optional day paid) - only I didn't.
    I should have known they were out to get me or make me quit.

    Just like you, with the safedriving reward.

    My belief to this day.. is still.. this :
    With the slowdown, I think sups have been asks, who would you let go, if you had a choice..
    After that choice is made.... yup, no optional days, no rewards. and get pulled in the office for every little thing.
    Either, they want to make you quit... or they look for that perfect chance to fire you.
    That's my opinion. And, I'll get bashed for saying that again on here.
    But, it's ok, - I'm used to it.

    We had a pcm, how proud UPS is, not to lay anyone off (compared to Fedex) during these slow times....
    UPS wants to keep that pride.... they just do it differently, keep the books clean.... like they do in centers... changing numbers, to make them look better.
     
  12. Firedbrowndriver

    Firedbrowndriver New Member

    I was in the office like 3 times a week. I would run bonus 1 and 1/2 hrs under and he still would give me a hard time. I did have seveal times where I ran 2-3 hrs late on a route I have never done before. What did they expect for a swing driver. Majority of drivers in our center have never seen anything like this guy inb there whole career. People can't stand him. He brags to other sups as I was told when he gets a teamsters job.
     
  13. klein

    klein Für Meno :)

    I don't know how it is in the states (i'm in Canada)... if you type up waht happened, and why you got fired (not on your own doing)... can't you collect Unemployment there ? here's it's possible.
    Atleast something to get you by, until you find something new.
    And yes, same here: 3 times a week, in the office.
    Where I spent 10 minutes once.... told them I needed fuel, check my gas receipt from last nite ! It's printed with time.
    Another time: why I spent 35 min at 1 stop. Told them that was Walmart, scanned and delivered 157 packages.. picked up another 78. Thats how long it took. And thats being quick !

    I
     
  14. klein

    klein Für Meno :)

    I know what you went thru, trust me. Even other drivers warned me, he was out to get me, or he doesn't like me.
     
  15. Firedbrowndriver

    Firedbrowndriver New Member

    I am getting unemployment but they are trying to fight it. That's all I need is to pay back that money.
     
  16. klein

    klein Für Meno :)

    Who is "they" ?
    UPS shouldn't care, it's not thier money or business.
    The state ? That would be a problem.
     
  17. Firedbrowndriver

    Firedbrowndriver New Member

    The state approved the unemployment. UPS is appealing the decision that I should not get the money. They fire me and still wont leave me alone. I have a few more weeks to see if I will win the case.
     
  18. klein

    klein Für Meno :)

    Well, I been fired 2 moths ago. It took UPS 7 weeks to give me my Record of Employment. So, I was very late filing for Unemployemnt, and haven't received any yet.
    But, I got the feeling, UPS will wanna stop that, too.

    If they do that.... then I'm heading to small claims court forsure (we can sue small claims up to $15.000).
    And, we have a labourlaw (bad faith claim), that employers can't "haunt" you after they dismiss you.
    They may have already broken the law, letting me wait 7 weeks for ROE and vacation pay... That's being currently looked into.

    Do a google search.. I'm kinda sure you have bad faith claims clause in the USA, too.
     
  19. Firedbrowndriver

    Firedbrowndriver New Member

    I never heard of it but i will google it. They gave me some problems getting my vacation pay and my prorated vacation that I earned this year for next year. I got everthing though. I have been out 2 months also. What did they fire you for and how many years of service did you have?
     
  20. klein

    klein Für Meno :)

    I got rightfully dismissed. Even though I personally think it's very picky. But rightful.
    Couldn't take my lunchbreak during my day.. took it after I pulled into the centre, did my cash and turn in. Then I went for a cold beer in my own vehicle, and got caught. ( I didn't punch out.. that was the only thing I had left to do).... oh well, life goes on. I haven't collected a penny of Unemployment yet... applying for some new jobs....
    I only been with UPS for 16 months. But , had a regular run, after 3 months already.
    Was a run, no one else wanted , nor bid on (very heavy and long hrs).