Terminated For Gross Negligence

[paidslave]

Something is missing here. there are two drivers in my building(that I know of) that have been in accidents where the other parties died. one is still a driver and hte other was "demoted" to an inside position since he was within his 30.

Listen UP, Lauretto........if in fact UPS is upholding this termination with I don't see why then they are admitting fault. Since you are under the scope of employment this family will most definatly sue the living day lights out of UPS because they are agreeing that The UPS driver was at fault and he is fired!

Honestly don't see how this is happening to you but this is life at brown! It would seem prudent that the company sided with you to limit the scope of liablity! Something is up there sleeve and I would not be a bit surprised to see you get your job back with pay!

If not,

Not only will the family have a HUGE settlement coming because they agree that you were gross negligent! You have a claim as well to get damages because this is an unjust firing because the State didn't charge you with anything!

I am not a lawyer so you need to speak to a good one quick!


But, if you for an second, believe you were at fault you may want to walk and hope involuntary manslaughter charges are not brought to you.

The family could or may sue you personally!

My opinion!'

Got a feeling this is a ruse and you will be working soon again!

Enjoy your time off and let us know how you are doing!

Your brother!

 

[laurietito]

Did you get to speak at the hearing?

yes, I did.... told them I did nothing wrong..

 

[laurietito]

Too late? I am not sure to even believe this post...You asked a queston today for info. Then today you said to late you lost at hearing.


Termination process could take up to a year in most cases.


my2cents!


I don't believe you!

This is totally true. Termination process did take 8 months. Just ended last week. Just still in shock , wondering about options..

 

[paidslave]

This is totally true. Termination process did take 8 months. Just ended last week. Just still in shock , wondering about options..

Hearing or arbitration? This takes a couple months to get the results!

If arbitration it is pretty much a done deal because these findings are usually final. Not much you can do but sue the UNION for unfair representation or the company or both but this will be costly and with little chance of winning but in your case with no tickets I see it a very good chance!

Seems to me a case like this would be settled quickly out of court!

my2cents!


If you have no money for legal suit what you may want is maybe solicite a sponser/lawyer for the cost!

 

[laurietito]

Hearing or arbitration? This takes a couple months to get the results!

If arbitration it is pretty much a done deal because these findings are usually final. Not much you can do but sue the UNION for unfair representation or the company or both but this will be costly and with little chance of winning but in your case with no tickets I see it a very good chance!

Yes, it was arbitrated. Union rep. never discussed case much. I do have a perfect driving record. Wish I could find a good cheap lawyer.. ready to get even@

 

[paidslave]

Yes, it was arbitrated. Union rep. never discussed case much. I do have a perfect driving record. Wish I could find a good cheap lawyer.. ready to get even@

What was the finding by arbitrator to unhold this decision?

You have lots of support here at the browncafe for this could happen to any one of us!

 

[outamyway]

You should take this to court. Maybe this will be the case that forces UPS to take police reports into account after an accident.

If it wasn't your fault, how is it gross negligence?

 

[laurietito]

You should take this to court. Maybe this will be the case that forces UPS to take police reports into account after an accident.

If it wasn't your fault, how is it gross negligence?

THAT IS A GOOD QUESTION. THAT IS WHAT IS ON THE CONTRACT.. ARTICLE 17. I EVEN HAD 3 WITNESSES THAT SHOWED THE MOTORCYLCIST SWERVING IN BETWEEN LANES AND SPEEDING!!

 

[laurietito]

What was the finding by arbitrator to unhold this decision?

You have lots of support here at the browncafe for this could happen to any one of us!

Thanks for the support.. I think the vote at the national hearing was decided before we even got there.. My union rep. didn't say much, even saw him laughing it up with the u.p.s boss!!!

 

[DS]

Gross negligence intimates that it was entirely your fault.Looking left right left is no match for a motorcycle travelling at 100 mph .I agree,get a lawyer.

 

[laurietito]

Gross negligence intimates that it was entirely your fault.Looking left right left is no match for a motorcycle travelling at 100 mph .I agree,get a lawyer.

THANK-YOU.... WHY DIDN'T THOSE U.P.S. BOSSES UNDERSTAND THAT?

 

[DS]

Its probobly policy when a death occurs,and you will probobly have to get another job in the meantime,but you will probobly get your job back with back pay minus what the lawyer charges you...sorry for all the proboblies.Is there a local news article that covered the accident?

 

[Griff]

Find yourself the best wrongful termination/labor lawyer in your area and give him a call. I would do everything in my power, including risking my financial future to secure the best legal options available.

 

[shrimpfire]

I agree get a lawyer

 

[UpstateNYUPSer(Ret)]

Based solely on what you have told us, I also suggest that you get a lawyer. You should be able to find a lawyer who will handle your case at no charge unless you win, then the fee will usually be 30-35% of what you are awarded, which you can also go after UPS for. Good luck.

 

[Retired 2016]

When I was a union steward I had a similar case. The terms gross neglect and neglect are both legal terms. The standard is so high for gross neglect that it is seldom met. My lawyer friend explained gross neglect this way, if your boss told you a door was broken and to fix it and you did not and someone walks through the door and dies that would not be gross neglect. If your boss after the death instructs you again to fix the door and you do not fix it and someone dies again, then that could be gross neglect, but as my lawyer friend says we would have arguing points.

Notice article 17 of the master says for an accident to meet a firing standard it has to have gross neglect And something else, like 4400 in damage. The word and indicates that both factors must be present. Without gross neglect no one can be fired for a serious accident. I asked the union big boys to argue the above point and they refused. Their comment is we determine gross neglect and not the law or a legal definition.

 

[trplnkl]

Yes, it was arbitrated. Union rep. never discussed case much. I do have a perfect driving record. Wish I could find a good cheap lawyer.. ready to get even@

Three words that usually don't go together. Start making a few phone calls to Law firms asking if the take cases such as your's on contention ( I tnink that's the right word), where they represent you for a larger % of the awarded monies. If they (lawyer) wins your case they get paid, if they lose no pay. Trust me there is a lawyer somewhere that wants to get their hooks into UP$ and the Teamsters.

 

[UpstateNYUPSer(Ret)]

The word is "contingency" and, yes, there are plenty of lawyers and law firms that work on a contingency basis; however, some of them will ask you to put up a retainer to cover initial costs so shop around as there are some firms that will do it with no up front costs. Of course, if they are working out of a one-room office above a "We Cash Checks" store you may want to look elsewhere.

 

[trplnkl]

The word is "contingency" and, yes, there are plenty of lawyers and law firms that work on a contingency basis; however, some of them will ask you to put up a retainer to cover initial costs so shop around as there are some firms that will do it with no up front costs. Of course, if they are working out of a one-room office above a "We Cash Checks" store you may want to look elsewhere.

Thank you upstate, I was close. lol Had one beer to many last night was suffering a brain fart.

 

[barnyard]

The OP might check out the legal forum at truck.net. There is an attorney there (he is a regular poster, might even be the moderator) who regularly takes cases for Teamsters who have court actions against their employers. He is in the Twin Cities....

TB