Wrongfull termination

Discussion in 'UPS Discussions' started by brownsac, Jul 28, 2011.

  1. brownsac

    brownsac New Member

    After 13 years with the company, 7 on road I was escorted from UPS property and had my badge confiscated. I have been the squeeky wheel in my center filing grievances and making coplaints for harassment for awhile now. Needless to say I have been a lightning rod for retaliation and hostility from multiple center managers. I have recieved countless discharge letters none of which have ever been heard at panel. Even though my numbers have ALWAYS been stellar (more often than not I run scratch on routes) and have an excellent customer service history I have a reputation amongst management as being a problem.

    My current center manager is extra tallented at creating a hostile work enviroment. I explained to her that I felt unsafe and threatened in the work enviroment due to her constant harassment and threats. I explained that if there was an issue that she needed to address with me I would require that a shop stewart be pressent at all times. I then said that I felt it necesary to record any such meetings.

    The following morning I was brought into the office. I advised everybody in the room that I intended to record the hearring. My center manager than told me that it is illegal to do so and that she was going to press charges. I replied that it is not illegal and I refused to take part in the hearring without it. She instructed me to turn it off three times and I refused. I was immediately fired and escorted from company property.

    My intent in recording the conversation was to try and minumize her hostility towards me. Also to have something to refer back to in case there was something that I had missed.

    My BA told me we will have a pre panel hearring in about two weeks an then a formal panel hearring sometime in September. Meanwhile I'm trying to gather information and advice going into the panel hearrings. Any info or help would be greatfully appreciated.

  2. cachsux

    cachsux Wah

    It`s not illegal to record a conversation if all parties are aware of such. Some states its legal if one party knows. Not sure about Cali though.
    However, where your in a ringer is that the center manager told you not to record the conversation on company property and you refused to comply. You could have had a pen and notepad and taken notes instead. Was the steward present at the meeting? If not you should have exercised your rights and not spoken until he arrived. He could have been your witness to any perceived hostilities and helped you accordingly.
  3. DS

    DS Fenderbender

    Re: What have you seen people lose their jobs for? How to avoid being fired.
    Are we talking working discharge or being escorted from the property? I have only seen one guy escorted from the building and havee his I.D. badge taken and that was for failure to follow instructions. He was told to do something three times and refused to do it. from what I understand the guy had a reputation of being a bit of a rebel. Discharge letters or "working discharges" go out daily. Most of wich never make it to panel.
    Sound familiar?
  4. Returntosender

    Returntosender Well-Known Member

  5. brownsac

    brownsac New Member

    Yes. The first time I joined this forum was after I was terminated. I have attended union hall meetings voicing concerns with harassment and everyone hooted and hollered. But when it came down to filing and standing up against it I was on an island. Now the fight is on to keep my job. Ironic huh?
  6. FracusBrown

    FracusBrown Ponies and Planes

    Just like Toyota, you ask for it, you got it.
  7. iamupser

    iamupser I'm Institutionized

    UPS policy on recording is probably overly broad, especially since it was not concealed. I'd call your local NLRB and see what they have to say about it.
  8. Funfact

    Funfact Well-Known Member

    If you just followed two simple rules you wouldn't be in this situation.

    1. Pick your battle wisely.

    2. Know when to keep your mouth shut.

    Did you talk to your steward and/or BA or file a grievance about the working conditions before you decide to take things into your own hands?????

    You said it best yourself, " I have a reputation amongst management as being a problem."
  9. The Other Side

    The Other Side Well-Known Troll Troll

    UPS has clear signs on its property that states that RECORDING devices are NOT ALLOWED on property. Recording of any kind, visual and audio. When you began your recording, you did not have all parties permission and if you are in California, you BROKE THE LAW.

    Plain and simple.

    One poster said it best, Pick your battles wisely. You apparently chose to die on the hill with your recording device.

    Good luck in arbitration.

  10. brown_trousers

    brown_trousers Active Member

    Yep. Unfortunately recording laws are very clear cut. California is one of the stricter states, in that consent of both/all parties is required to obtain an audio recording. It's legally referred to as a "wiretapping law", and applies to recording any private conversations on the phone or in person. There was a whole chapter in one of my criminal justice classes devoted to this subject.

    It may be worth investigating if any of your union contract/supplementals approach the subject of audio recording. I can't remember ever reading anything like that in the NMA, but if there is something there it could be the "permission" you need to justify that recording as a legal act.
  11. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    Not arguing with you, but upon walking into our hub, the sign says "This facility is monitored by cameras and surviellance (sp)". I think there is a definite moral issue if the company insists on recording people and oversupervising from video evidence (I personally was harrassed about work pace issues from supervisors sitting in an office watching me on camera, for ex), but the company does not allow employees to document the very same environ.

    ESPECIALLY when it was announced the conversation was being recorded, there were no privacy policies breached in my eyes.
  12. menotyou

    menotyou bella amicizia

    I would have kept the truth from them and recorded it, anyway. Oh, wait! I would never do that! Hehehehe. The Internet sell a world of recording devices the look like pens, or whatever you want it to look like. I preferred the pen. Downloads right to your computer.
  13. faded jeans

    faded jeans just a member

    You're so bad.
  14. Johney

    Johney Raise your hand if you think Upstate is a D-Bag

    Wasn't there a guy "Dan" something that recorded his am meeting and they fired him? He worked there 23 years even had a website "The darker side of brown" (it's gone now) He fought them hard even took them and the local to court and lost.Good luck dude but I think you may have made a BIG mistake by not turning it off.
  15. Indecisi0n

    Indecisi0n Well-Known Member

    My cell phone can easily record conversations from in my pocket. Illegal or not doesn't matter because when/if it hits youtube ill be a internet sensation !!
  16. menotyou

    menotyou bella amicizia

    There are too many ways to record them. There as no need to 'announce' it. We all know the rules on recording. They can, we can't. Unless you are sneaky!!! :wink2:
  17. goetface

    goetface New Member

    At the point which they said I was fired, I think I'd of said this "you know what I think.......*fart*"
  18. Jones

    Jones fILE A GRIEVE! Staff Member

    Yup, Dan O'Shea was in my local (different building). I'll admit I don't know all the details, but from what I do know the guy pretty much dug his own grave.
  19. cachsux

    cachsux Wah

    Whats the one you use on your bedroom cam website? You might want to have it checked out as the picture goes light,dark,light,dark,light,dark, and on and on.
  20. over9five

    over9five Senior Member Staff Member

    Copy that. Makes me lose my concentration every time.