Discuss: UPS worker loses temper but wins compensation

[cheryl]

UPS worker loses temper but wins compensation - DesMoines Register
A part-time worker at United Parcel Service who threw a temper tantrum and broke his hand by striking a UPS trailer and boxes has been awarded workers' compensation and medical expenses totaling nearly $8,000.

The damages were awarded even though a state administrative law judge acknowledge that the worker had initially lied about how he broke his hand and was fired "for destroying customer packages and creating a hostile work environment."

[paidslave]

This is an accurate judgement. As an employee, one is under the scope of the employment and therefore is covered under workers comp insurance. Business and State law!



Simple ruling!

The employee lied and it cost him his job and in my opinion lost enough!


This employee was fired for his outburst that was provoked by management by not allowing him to leave. Thus holding him hostage!

Management should have written this employee up if need be. As we see, holding one hostage can create this type of behavior!

A good supervisor would have recognized this before it happened and should have worked something out with the employee! Especially if this is a rare event! This was a symple case of passive aggressive behavior by management....When management knows one has some place to be most often then not they will purposely try and keep you and make you late! I will vouch for that......


my2cents....

So paidslave, if it had been the supervisor that had become violent would you have the opinion that it was because he was provoked by an obnoxiously isubordinate employee?

If not then why the double standard?

[paidslave]

Originally Posted by paidslaves sup

So paidslave, if it had been the supervisor that had become violent would you have the opinion that it was because he was provoked by an obnoxiously isubordinate employee?

If not then why the double standard?

Management personel is always held to a higher standard along with a bigger check and perks. I suppose if you slammed your fist on your desk and broke it you should covered under workers comp if you were fired. Being a saleried employee you would still get paid if you missed work. This is not a double standard, but held to a higher standard and regard..

I hope this helps.

[drewed]

Originally Posted by cheryl

UPS worker loses temper but wins compensation - DesMoines Register
A part-time worker at United Parcel Service who threw a temper tantrum and broke his hand by striking a UPS trailer and boxes has been awarded workers' compensation and medical expenses totaling nearly $8,000.

The damages were awarded even though a state administrative law judge acknowledge that the worker had initially lied about how he broke his hand and was fired "for destroying customer packages and creating a hostile work environment."

UPS should sue him for the damages they paid out.

[UpstateNYUPSer]

UPS should go after the damage award based upon what has been presented here.

[paidslave]

Originally Posted by UpstateNYUPSer

UPS should go after the damage award based upon what has been presented here.

Why should UPS get the damage award from an Workers Compensation insurance? If workers Comp wants to press charges for lying then so be it!

I am confused?

The damage package is still UPS responsibility. Being under the scope of the employment. If UPS makes an extra dollar on every other package in the system This employee would not get the extra dollar for every other package. This employee was fired!

[brownIEman]

Originally Posted by paidslave

Why should UPS get the damage award from an Workers Compensation insurance? If workers Comp wants to press charges for lying then so be it!

I am confused?

The damage package is still UPS responsibility. Being under the scope of the employment. If UPS makes an extra dollar on every other package in the system This employee would not get the extra dollar for every other package. This employee was fired!

I think you are confusing levels of responsibility. Yes, UPS is responsible to the customer for damages to the packages. The customer gets paid by UPS for those values no matter what happens in this case, as it should be. However, if an employee damages customer packages intentionally, and that can be demonstrated in court, I would think UPS would have a legal claim against this guy to seek reimbursement for the damages they have to pay to the customer. Same would be the case if an employee was stealing merchandise from the UPS system.

[brownIEman]

Originally Posted by paidslave

Management personel is always held to a higher standard along with a bigger check and perks. I suppose if you slammed your fist on your desk and broke it you should covered under workers comp if you were fired. Being a saleried employee you would still get paid if you missed work. This is not a double standard, but held to a higher standard and regard..

I hope this helps.

You are correct that management personnel are held to a higher standard (although not so much about the bigger check). That is as it should be. However, refraining from violence, no matter the provocation, is a standard we are ALL held to. In this case, it does not matter that he was an hourly who felt bullied by management. Becoming violent was not an option for him.

I also am not sure I understand your support of his wish to leave early from his shift. If I understand this correctly, he was not a senior employee, so if he said he had some personal stuff to take care of, and the supervisor let him take off early, what happens when a more senior employee sees this and would have liked to have been given the option to leave first? Would that employee then have a viable grievance? Could just be a local practice thing but I sat in a meeting with a steward, BA, part time hourly and part time sup in which the hourly was ticked because the part time sup was allowing a college kid with less seniority leave early to attend classes.

[irish5569]

you're a boy scout ?

[brownIEman]

Originally Posted by irish5569

you're a boy scout ?

nope, not at all. Did you have a point to make?