I got terminated 2 days ago for sheeting 5 stops NI1 not at the location. The reason for this is because those 5 stops are in a very dangerous housing project and it was late at night in Boston, Ma. I told my center manager that and he called me a "punk" and "you think you own the place". I have never been terminated in my 8 years working for UPS. My buisness agent says it might be 2 to 3 weeks before I am back. What kind of case do I have if any? The contract says that no employee will be fired for GPS offensives the first time and this info was clearly from telematics. I'm really annoyed and thinking about calling the attorney general and filing wrongful termination. Any help will be helpful.
Thank you
The contract does state that we cannot be disciplined/terminated based solely on technology; however, it does state that we can be fired for dishonesty. What you did was clearly dishonest, although I certainly don't blame you for not wanting to be delivering in a housing project in the dark. Hindsight is 20/20 but you should have contacted your mgt team for guidance rather than taking matters in to your own hands.
Some things about your case.
First, the contract is clear. Acts of dishonesty are a cardinal infraction and sheeting 5 stops as NI 1 at a location other than while at the intended addresses is dishonest. The contract does not provide you any technological assistance as DAVE indicated. I have some questions for you in order to give you some assistance.
1) is this your route, or are you covering a route? Have you done this route before if you are cover?
2) When did you realize that these particular stops were in a hazardous area? Before you departed hub, on road, when it got dark?
3) At what point did you telephone the center and ask for instructions on how to handle these stops? What was the instruction if you made that call?
4) Is there a history of NOT ATTEMPTING these packages for these addresses in the past?
5) What made you select NI-1 vs sheeting them as missed or emergency conditions?
6) At what point did you notify the center team upon your return that you sheeted the packages as NI-1?
These questions will help determine what kind of help you need. There is nothing in the contract that provides for "dangerous areas" to be service failed. We have our own sets of "projects" in So Cal, but there is an understanding with the company that drivers are NOT to be dispatched into those projects after dark. In our cases, once it gets dark, our drivers sheet any packages as "emergency conditions" and return the packages to the center.
Dave stated that the contract says that we cant be disciplined solely on technology. T
his is not TRUE. There is NO language in the National Master Agreement or in ANY Rider or Addendum or MOA that states such a defense.
What the National Master agreement states is this. " No employee shall be discharged on a first offense if such discharge is based solely upon information recieved from GPS or any successor system
UNLESS (caveat) he/she engages in dishonesty (defined for the purposes of this paragraph as
ANY ACT or OMISSION by an employee where he/she intends to
DEFRAUD the company)
Now, this says that you cannot be fired for a FIRST offense for information solely obtained through Technology with a CAVEAT that clears the way for the company to discharge you for dishonesty on a first offense.
This is why my questions are important to establish. If you contacted the center and asked them for instructions for these stops, and they instructed you to not sheet them properly, then your off the hook, if there was or is a history of sheeting these stops as NI-1 after dark and you continued that practice, then your off the hook, if this is your route, and a routine that you practice at times over the year, then your off the hook.
But, if none of that is true, and you made a unilateral decision to sheet the packages as NI-1 on your own and never notified the center team, then you would guilty of defrauding the company or falsifying delivery records. That would be a cardinal infraction and you would be walked out.
If this is true, then its important to establish how dangerous these particular stops are. Some things come into play, If you are White, and this is a predominately Black or Hispanic area and you "feared" for your safety, then thats a solid defense.
If there are shootings and thugs on the streets at night and you feared leaving the truck unattended and then returning to a group of persons around the truck, then thats a proper defense.
These are circumstances that should be considered.
If none of that is true, and you sheeted these stops as NI-1 , it can appear as if you intended to "smoke" the stops and that would be dishonest.
Take some time and consider what i asked you. Answer the questions.
From there, we will be able to give you some advice.
Peace.
