Terminated For Gross Negligence

laurietito · 02-22-2008, 05:15 PM

Anyone out there terminated for gross negligence even though it was not your fault?????? Any suggestions how to get back at UPS??

barnyard · 02-22-2008, 05:50 PM

Your shop steward will be able to answer all your questions.

TB

Leftinbuilding · 02-22-2008, 05:59 PM

You want to give a few details? And do you mean "get back at UPS" as in retaliate?

laurietito · 02-22-2008, 06:02 PM

Quote:

Originally Posted by Leftinbuilding

You want to give a few details? And do you mean "get back at UPS" as in retaliate?

I was fired due to an accident. A motorcylist was speeding and ran right into the side of my package car. He passed away at the scene. Just doesn't seem fair to get fired for something that wasn't my fault...... Union did not help or care@!!

Bozo Bob · 02-22-2008, 06:11 PM

Quote:

Originally Posted by laurietito

Anyone out there terminated for gross negligence even though it was not your fault?????? Any suggestions how to get back at UPS??

Terminated??? LOL! People get promoted for gross negligence. Nobody gets terminated for it.

millyardmike · 02-22-2008, 06:13 PM

If your a Teamster your job is protected, Unless it's a cardinal sin

millyardmike · 02-22-2008, 06:17 PM

That really sucks, as it wasn't your fault, but a death due to accident is a cardinal sin = instant termination= the union owes you a fight for your job

Leftinbuilding · 02-22-2008, 06:18 PM

Quote:

Originally Posted by laurietito

I was fired due to an accident. A motorcylist was speeding and ran right into the side of my package car. He passed away at the scene. Just doesn't seem fair to get fired for something that wasn't my fault...... Union did not help or care@!!

I too, was hit by a motorcyclist and I did not get fired. What was UPS's stance on the cause?

outamyway · 02-22-2008, 06:29 PM

Quote:

Originally Posted by laurietito

I was fired due to an accident. A motorcylist was speeding and ran right into the side of my package car. He passed away at the scene. Just doesn't seem fair to get fired for something that wasn't my fault...... Union did not help or care@!!

It is unfortunate someone died, but it is still just an accident. You shouldn't have to pay for someone elses stupidity. The union should care. You pay your union dues right? So you help pay their bills. You just need to find the right person to talk to.

The cardnal sin, I believe, is hitting a pedestrian.

laurietito · 02-22-2008, 07:03 PM

What Is A Cardinal Sin ???

laurietito · 02-22-2008, 07:05 PM

What Was Involved In Your Case??? U.p.s. Even Has The Police Report Showing Me Not At Fault.... Wonder If The Union Is Bought Out....????

gata · 02-22-2008, 07:10 PM

Get your Steward involved.

laurietito · 02-22-2008, 07:23 PM

Too Late... Local Hearing Was Deadlocked. Lost At National Hearing In Chicago.. 13 Years Down The Drain...

outamyway · 02-22-2008, 07:28 PM

Did you get to speak at the hearing?

paidslave · 02-22-2008, 07:35 PM

Quote:

Originally Posted by laurietito

Too Late... Local Hearing Was Deadlocked. Lost At National Hearing In Chicago.. 13 Years Down The Drain...

awnry · 02-22-2008, 07:37 PM

Cardinal Sins that will automatically get you terminated in my Teamster Stewards Manual are1.)possesion, distributionof drugs,alcohol on employer premises 2.) fighting on the job or engaging in acts of violence. 3.) Destruction of employer property. 4.)Theft There is no mention of being involved in a accidental death case that is not you fault. Make you union and steward get involved, thats what they are paid for.

paidslave · 02-22-2008, 07:39 PM

Quote:

Originally Posted by laurietito

Too Late... Local Hearing Was Deadlocked. Lost At National Hearing In Chicago.. 13 Years Down The Drain...

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!

Leftinbuilding · 02-22-2008, 07:49 PM

Quote:

Originally Posted by paidslave

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!

I agree Paid. Doesn't make sense.

paidslave · 02-22-2008, 07:49 PM

Quote:

Originally Posted by awnry

Cardinal Sins that will automatically get you terminated in my Teamster Stewards Manual are1.)possesion, distributionof drugs,alcohol on employer premises 2.) fighting on the job or engaging in acts of violence. 3.) Destruction of employer property. 4.)Theft There is no mention of being involved in a accidental death case that is not you fault. Make you union and steward get involved, thats what they are paid for.

I agree! These terms of contract need to be abided by and ..If they are not, it really seems that someone is not reading them correctly and bending them. A contract is a contract, no ifs, buts, exceptions should be made! If the state didn't charge you with gross negligence how can UPS? This doesn't make sense and this could happen to anyone in your work truck or in your personal vehicle!

Cementups · 02-22-2008, 07:58 PM

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.

paidslave · 02-22-2008, 08:05 PM

Quote:

Originally Posted by Cementups

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 · 02-22-2008, 08:17 PM

Quote:

Originally Posted by outamyway

Did you get to speak at the hearing?

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

laurietito · 02-22-2008, 08:20 PM

Quote:

Originally Posted by paidslave

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 · 02-22-2008, 08:21 PM

Quote:

Originally Posted by laurietito

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 · 02-22-2008, 08:32 PM

Quote:

Originally Posted by paidslave

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@