Can i have an attorney present at my arbitration hearing

[Orion inc.]

I hope to God in your next career, you learn to write and communicate a coherent sentence.

Your threads are difficult to read or understand. It's like a 4th grader is writing it.

 

[jaker]

the guy got in my face while i was trying to walk in to work , i did tell management after it happend but he got to a supervisor first and a full time one

Then you had two choices at that moment keep your head down and don't confront him at all in way or go back to your car and call your sup and tell him

I know it sucks to back down , but you have to get the bigger picture

 

[Covemastah]

View attachment 80538

Thank you @scotty hawk

 

[Overpaid Union Thug]

Wtf is car- bear. Or jajaja ?

I've seen "ja ja ja" used by people that are speaking Spanish. It's the same as "HA HA HA."

 

[tallsaul]

Then you had two choices at that moment keep your head down and don't confront him at all in way or go back to your car and call your sup and tell him

I know it sucks to back down , but you have to get the bigger picture

yep you're rite i just didn't want to get hit so i thought that was best way to stand up for myself but i think he should of been fired for instigating

 

[Melody Isaac]

I don't think you are allowed to take your attorney with you.
You have worked for 19 years and they just can't avoid you like this.
First of all deal with your hearing and try to get it settled.
If not you can file a lawsuit of wrongful termination and can get an attorney then.
Or it is better if you talk to some expert about it.

No Solicitations Allowed​

 

[twoweeled]

I have been at ups for 19 years with out ever getting fired but here i am there saying i have been terminated for verbally threatening some one in the parking lot at work and he has a few witnesses that are his friend including a supervisor .I kept getting bullied by this employ
months ago when it got bad but this has been going on for years and he seems to do this to others and gets away with it .I would stand up for myself but i would never put my hands on him or anyone else at work but he knew this and started baiting me . we have been told not to get in verbal fights and we would both be fired but they walked me out not him .He instigated a fight as i tried to walk to work bye guard shack he told me to fight him to hit him i told him this is not time or place then he took off coat and got in my face .there was no one there at begging but his friends walked bye and a supervisor was in his car at the end of confrontation but he started this. i think he had his friends out there because he knows what time i come in to work .
My supervisors hate me because i stand up for myself and others and been on injury's . i have tried to go full time and they have made it hard on me to get those jobs. i feel like this is there chance to get me out of there since they could not before .Union is not letting me use my witnesses that told me hes been plotting to get me fired for months as he would brag to them and union is saying ups will not give them video recording for that day and said its not looking good and we have to go threw arbitration .my question is.. union seems to not really care and union top agents are not really returning my calls and I am afraid they will do a back door deal so should i get attorney present at arbitration or just wait it out and see if union comes threw for me ?and if i do wait can i still get attorney if arbitration does not go good for me ? i do not get it
union got peoples jobs back for fighting stealing no show no calls i was just standing up for myself when someone was in my personal space ,,thanks everyone

My brother. We get your story. Don't be so repetative. His friends are witness, and you stand up for yourself. We get it.
What Piedmont said, is pretty much it. I asked the labor manager if I could bring an attorney and I was told, NO. Clear and concise.I have a feeling, you talk a lot in your meetings. Gotta keep your responses short. Don't ramble on. We tend to give too much information. I'm assuming, your not working now? This may fall under cardinal sin.
In a nutshell buddy, and this is a very wild guess because I know little to nothing about your case.
If your not working now. The agreement could have already been made. They could be holding you off of work for a few weeks. Then at the end of a few weeks off - They'll offer you your job back WITHOUT back pay, with a very stern warning. The BA would already be aware of the agreement of course, so he's not going to spend a lot of time on it.
If your still working. Then it's not looking good.
They will generally bring you in and discuss what arbitration is going to be like to prepare you.
Yes, it was after work but still on property. You don't have much argument, except they should have discharged both parties. Discrimination if you can prove it. That may be a position the company doesn't want to be in. But they may not care either. UPS knows, attorney's are expensive. Not sure if you know how much that'll cost you.
I hope you looked hard for another witness. If the cameras work, the Union will probably get the video, but they may not work! Video can be subpoena, but it's a process and may exclude you from arbitration if it's your own attorney. Police can subpoena video, but they won't.
Again. Very wild guess. You'll be back in a few weeks. But I know nothing about your case, your local, or your managers.
Good luck!

 

[bleedinbrown58]

I have been at ups for 19 years with out ever getting fired but here i am there saying i have been terminated for verbally threatening some one in the parking lot at work and he has a few witnesses that are his friend including a supervisor .I kept getting bullied by this employ
months ago when it got bad but this has been going on for years and he seems to do this to others and gets away with it .I would stand up for myself but i would never put my hands on him or anyone else at work but he knew this and started baiting me . we have been told not to get in verbal fights and we would both be fired but they walked me out not him .He instigated a fight as i tried to walk to work bye guard shack he told me to fight him to hit him i told him this is not time or place then he took off coat and got in my face .there was no one there at begging but his friends walked bye and a supervisor was in his car at the end of confrontation but he started this. i think he had his friends out there because he knows what time i come in to work .
My supervisors hate me because i stand up for myself and others and been on injury's . i have tried to go full time and they have made it hard on me to get those jobs. i feel like this is there chance to get me out of there since they could not before .Union is not letting me use my witnesses that told me hes been plotting to get me fired for months as he would brag to them and union is saying ups will not give them video recording for that day and said its not looking good and we have to go threw arbitration .my question is.. union seems to not really care and union top agents are not really returning my calls and I am afraid they will do a back door deal so should i get attorney present at arbitration or just wait it out and see if union comes threw for me ?and if i do wait can i still get attorney if arbitration does not go good for me ? i do not get it
union got peoples jobs back for fighting stealing no show no calls i was just standing up for myself when someone was in my personal space ,,thanks everyone

oh I was being bullied for months....wah. And not once did you go to HR and file a complaint if it was that bad? At the very least you'd have something to show at arbitration that this coworker had been continually harassing you and management took no action.

 

[Lead Belly]

if the dude took his jacket off and got in my face he would have been laying on the ground. You are off the clock and he took an aggressive position, that is self defense

You could always let the prick hit you in the face a couple times and then fall down. Then ask for an ambulances and tell the guy by. I've been kicked multiple times in the head punched and hit with very hard objects. What's a couple punches to the head if it teaches a bad person a lesson.

 

[futile process]

You can hire a lawyer, but he can't represent you in any union/company meetings pertaining to your case. What it will signal to both the union and the company is that your intention to litigate your case in the courts if the outcome is not satisfactory in the grievance process. If what you are saying is true, then you should obtain a lawyers help, and let it be know to all parties you have outside counsel advising you on your case. The process goes as follows, grievance, labor charge, civil court. If you are not returned to work via the grievance process you will have to file a labor charge against either the company and or the union, if you lose that case then you can sue in a court of law. Good luck.

 

[twoweeled]

You can hire a lawyer, but he can't represent you in any union/company meetings pertaining to your case. What it will signal to both the union and the company is that your intention to litigate your case in the courts if the outcome is not satisfactory in the grievance process. If what you are saying is true, then you should obtain a lawyers help, and let it be know to all parties you have outside counsel advising you on your case. The process goes as follows, grievance, labor charge, civil court. If you are not returned to work via the grievance process you will have to file a labor charge against either the company and or the union, if you lose that case then you can sue in a court of law. Good luck.

I'm betting what Futile says; is true. But I'm also guessing this is fighting according to Queensberry rules. All's fair in love and war. You don't have to tell anyone if you consult with an attorney. If your contemplating this line, it's best see an attorney. He will reveal your options. You would need a strategy. In theory, the whole arbitration is in place to save you the expense of having to pay for an attorney. There are pros and cons to this procedure. But I'm pretty sure, when you choose an avenue to take, it may close other avenues. I'm betting you waive certain rights/options, either way you go. So "possibly" the basis of your argument would have to change along the way. If you were to try arbitration, you may need a different basis of legal argument; then anything having to do with the threat/fight - if you chose to pursue this in court. It "may" necessitate questioning whether any of your contractually given rights were violated, omitted, or not followed correctly!! I'm pretty sure there are protections to prevent two bites at the apple. I am not even close to being an attorney, but I would suggest seeing one for a better picture. I did, many years ago. It will get expensive, and the attorney will be upfront about that (I hope).

 

[olroadbeech]

yep you're rite i just didn't want to get hit so i thought that was best way to stand up for myself but i think he should of been fired for instigating

has this been resolved?

apparently not in your favor.

 

[Pismo Bill]

yep you're rite i just didn't want to get hit so i thought that was best way to stand up for myself but i think he should of been fired for instigating

I have been to many grievance hearings the best thing you can do now is to write every thing down that has happened to you include dates and times. When you do appear at your hearing UPS generally is not well prepared with facts such as dates and times. They are making an example of you to keep other employees in line. Sounds like you will get job back but probably without back pay.

 

[Coldworld]

friend ja ja binks... Worst Star Wars character everrrrr.....

 

[rpoz11]

the best thing you can do is to write every thing down that has happened to you; include dates and times. When you do appear at your hearing UPS generally is not well prepared with facts such as dates and times. They are making an example of you to keep other employees in line.

It would be good to consider that if the company really wants someone gone, and have given them enough intent to do so, they may be setting up an employee and taking notes all along until they have built a strong enough case to go after an opportunity to terminate.
Never take any situation for granted.
NEVER second guess that they aren't prepared.

 

[twoweeled]

It would be good to consider that if the company really wants someone gone, and have given them enough intent to do so, they may be setting up an employee and taking notes all along until they have built a strong enough case to go after an opportunity to terminate.
Never take any situation for granted.
NEVER second guess that they aren't prepared.

I think Both you and Pismo are correct. I'm guessing Pismo didn't mean to sit back. But I think it's a good chance they are trying to make an example of him. "What kind of example is the question".
When punishment has already been decided (behind the scenes) the company will not put a lot of effort into the case. That's why they'll look unprepared at times. They have no intention of going to arbitration.
On the other hand. When they want someone. It's a different game. They are getting prepared all along the way.