received a phone call for termination today

Discussion in 'UPS Union Issues' started by just interested, May 11, 2011.

  1. While on the way into work, last October, in my personal car, a woman wrecked into me, trying to cut a left turn and beat me into her school's driveway entrance. It was nearly head on, she was traveling approximately 45 mph and I was going somewhere around 20 mph. I received a concussion along with various soft tissue injuries, whiplash, etc. and have been out of work ever since. I've been re-habbing 3x per week, working hard to get back into enough physical shape to meet the demands of the package delivery driver that I was - actually I was a "reg-temp" out of the Atlantic Supplement.

    At first, I was listed on the driver's sheet as a "disability" status, although I had not worked long enough to earn any UPS benefits. At some point, I don't know when, the driver's sheet was changed to state that I was on "personal leave".

    During this time, I was in immediate and regular communications both with HR and my center manager. I followed their advice and did what I was asked to do by them. I am considered a permanent part-time employee, having attained seniority as well as having qualified as a driver passing the 30 day training period. I was even informed that the Reg-Temp Bid Sheet went up and I went into the office and signed it.

    Today - 7 months into rehab, I received a phone call from HR saying we've "run out of time" and that they are going to terminate me. Just a few weeks ago, I was told he was counting on me as one of the upcoming "reg-temp drivers" to begin the season June 1.

    Originally, back in October, when faced with this situation I spoke with my steward immediately; I was told by him that I couldn't be fired and that all I needed to do was maintain communication with HR and the center manager, providing them the doctors notes. I've continually done that and have many email communications to show this.

    The reason(s) I was given today for the termination were:

    1) that since I never worked long enough to earn disability benefits, any other employee in my situation would be fired because there is only 6 months worth of disability. This doesn't make sense, especially since I am now nearing the end of the 7th month of rehab, and just provided them with a prescription showing that I was scheduled "finally" for a "Functional Capacity Evaluation" (FCE) in mid-July, to see if I'm capable of performing the UPS job beginning August 1st.

    2) that I can't perform the job today (duh, I'm the victim of a traumatic car accident).

    Now, they and I both know there are no guarantees that I will pass the FCE, but nonetheless, eventually I will. No doctor has indicated otherwise. My hope is that I will pass this July, but with them threatening termination, I am at a loss. From what I am reading in the Teamster agreement, I have not violated anything; have given them no cause to fire me; I was a hard-working, well-respected employee who was taken out instantaneously by a negligent driver - I AM A VICTIM, and it seems as though I am being "revictimized" by the call telling me "time's up - turn in your uniforms." No warning letter, no nothing.

    Also, I asked if I would be receiving a termination notice in writing. He said no. I find that strange as well, especially for a company as large as UPS. Is it not required that I be given some kind of written notification, in addition to his phone call. Isn't this called for within our teamster agreement somewhere?

    Can anyone shed some light for me what recourse, if any, I might have? From my point of view, I am hurting no one by remaining on their books as an employee on leave, waiting for my health to be restored and they've invested alot in me by the Integrad training, etc. One of the shop stewards said that the very fact I am on the books might prevent them from hiring someone else. Can that possibly be true? That doesn't make sense, either.

    Lastly, if they "fire" me, even though they're telling me that I am welcome and encouraged to reapply when that day comes, when I am ready and capable to perform the tasks at hand, is it even realistic that I would be hired again?

    And what "effect" will it have on me to "start over?" What will I be losing?

    Thanks for your input and suggestions. :dissapointed:
     
  2. Anonymous 10

    Anonymous 10 Guest

    Call your local
     
  3. hubrat

    hubrat Squeaky Wheel

    I may be mistaken, but I'm thinking you should be able to maintain your disability status at least a couple years. Sorry they are pulling this crap with you. Sounds like you know what you need to do to heal and you're doing it. Here's to a full and fast recovery. Cheers!
     
  4. toonertoo

    toonertoo Most Awesome Dog Staff Member

    Yeah, I kinda know and it sucks. And when and if you go back, any time you get hurt, they will blame it on your auto crash. You should be able to go onl LTD either way, good luck, call your local! IN THE AM.
     
  5. How do I find "the local" - I think it may be 639....
     
  6. BURMDPsupe

    BURMDPsupe Member

    Which building? Burtonsville is 639.
     
  7. menotyou

    menotyou bella amicizia

    Depends on the right-to work status of your state, I think. Remember this the next time you vote.
     
  8. Jones

    Jones fILE A GRIEVE! Staff Member

    If you need the phone number for 639 shoot me a PM.
     
  9. menotyou

    menotyou bella amicizia


    It took me months to figure out what PM meant.:funny::funny:
     
  10. Jones

    Jones fILE A GRIEVE! Staff Member

    lol :happy-very:
     
  11. brownmonster

    brownmonster Man of Great Wisdom

    I learned real quick what PMS meant.:sick:
     
  12. steward71

    steward71 Active Member

    If you don't find the number to the local then go to teamsters.org. You can find the number to them under contacts. Tell them you don't know which local you are out of and they can give you the number. You are under the same supple. I'm under, they are wrong and you have to be given notice. We had case like this last year. Kid was in a car wreck and was out for 11 months. UPS called him at home and told him he was getting let go. He filed and he won. It did not even go the panel he was back after they meet at the local meeting good luck.
     
  13. Thank you steward71 - I will do just that. I appreciate your feedback and advice. Glad to hear about the similar situation.
     
  14. CRASH501

    CRASH501 New Member

    1st Contact your Union Reo
    2nd Contact a Lawyer A.S.A.P.
     
  15. Meant to update sooner - I received another communication saying that I have not been terminated........so, I continue on as before.....awaiting the next scare.

    I haven't had a chance to call the BA, but it sounds like I still should probably do that, since the threat has been made for termination. What do you think?

    I don't want to make any waves where none may be necessary - you know: "out of sight, out of mind."

    Sometimes stewards can make things worse, unintentionally.
     
  16. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    Hope you are recovering well and ready to go back to work soon.

    I think UPS does the "term scare" thing to see if you really want to come back. If UPS can have you leave on your own accord (give up so to speak), then no harm no foul, to them.
     
  17. That's what I was thinking - no unemployment, no rehire, etc.