Fired for job abandonment

542thruNthru

Well-Known Member
He only does oral.

Can you blame him? I mean with all due respect who wants to look at this face in mid-coitus. ;)
2580B2B2-A78E-4DE5-82A0-14E11A181627.jpeg
 

zubenelgenubi

I'm a star
Apparently you don't either.



Incorrect.



Incorrect.



I agree.



I agree.



Winner.



Incorrect.



Generally, but not inclusively.



Not in the contract.

But, then again, neither is workplace violence. But it is a terminable offense.
I admit I was mistaken on one point, but I'm fairly certain I got it corrected in the second post. The fact that the contract does not state that clocking out without checking with management is terminable makes it much easier to establish past practices. Past practices are not on an individual or case by case basis. So the fact that the OP was only back for 3 weeks has no bearing on past practices, if what he says about other people doing the same thing without discipline is true.

This case is also complicated by the fact that UPS does not have scheduled end times for shifts, simply start times and guaranteed paid time. The company may have a case if he clocked out prior to the guaranteed time with the intention of receiving the guaranteed pay. Job abandonment simply means that a person has left the job with no intention of returning without telling anyone. Management has a habit of redefining terms to suit their needs and make employees actions sound much worse than they are. Clocking out without permission is a write up at best, that's all there is to it.
 

Mugarolla

Light 'em up!
Job abandonment simply means that a person has left the job with no intention of returning without telling anyone.

Exactly what the OP did.

She clocked out without telling anyone she was leaving, and without knowing whether she had completed her job for the day.
 

zubenelgenubi

I'm a star
Exactly what the OP did.

She clocked out without telling anyone she was leaving, and without knowing whether she had completed her job for the day.

The OP obviously intended to return to the job on the next scheduled day (since he did), so not job abandonment, regardless of how much you want to twist the definition. What he (male according to his profile, currently) did was more akin to tardiness in material fact. It's actually less serious an offense since we have scheduled start times, and no scheduled end times. Is tardiness a terminable offense? No. No it's not.

I've never heard of anyone in my center get a write up for tardiness. In fact several people have no called no showed on occasion without losing their jobs. Company policy is what the company does, not what's on a piece of paper. Past practice is contract. The OP was singled out, possibly in violation of ADA. The company needs to be shown that these fake firings will cost them if they keep it up.

Why take management's side? That's too easy. They don't need support, they just do whatever they want. Unless you are management, in which case I'll use shorter words from now on. :raspberry-tounge:
 

Inthegame

Well-Known Member
The OP obviously intended to return to the job on the next scheduled day (since he did), so not job abandonment, regardless of how much you want to twist the definition.
So anyone can leave work after they feel they've completed their non-defined work as long as they "intend" to return the following day? You should be doing stand up in Vegas.
"in material fact"
Oh boy...we got Clarence Darrow reincarnate.
I've never heard of anyone in my center get a write up for tardiness.
Either you work in the BOG or you need a hearing test.
Past practice is contract.
Inaccurate.

Why take management's side? That's too easy. They don't need support, they just do whatever they want. Unless you are management, in which case I'll use shorter words from now on.
Mug is not taking any side. However, he is more experienced in contract enforcement and labor law than you, which is proven by your inaccurate assumption of the ease of success using a "past practice" argument.
The whole point here is you don't "know" anything about the real facts of this case other than the rosy side the OP presented.
A rookie steward finds out very fast how many "material facts" are conveniently withheld by at fault grievants.
 

Mugarolla

Light 'em up!
Mug is not taking any side. However, he is more experienced in contract enforcement and labor law than you, which is proven by your inaccurate assumption of the ease of success using a "past practice" argument.
The whole point here is you don't "know" anything about the real facts of this case other than the rosy side the OP presented.
A rookie steward finds out very fast how many "material facts" are conveniently withheld by at fault grievants.

You beat me to it, but I think I'll reply anyway. Although I think this sums it up perfectly.

So anyone can leave work after they feel they've completed their non-defined work as long as they "intend" to return the following day? You should be doing stand up in Vegas.

My responses

The OP obviously intended to return to the job on the next scheduled day

At the time the OP left and went home, without telling anyone, how does UPS know that he will show up the next day?

They don't and neither do you.

And you think what he did was no big deal?

Do you know how many people just clock out, don't tell anyone, and never come back? It happens almost daily somewhere.

male according to his profile, currently

Sorry. I thought I saw someone reply to the OP and used "she." I will refer to him as a he from now on.

What he (male according to his profile, currently) did was more akin to tardiness in material fact.

You're equating tardiness to someone leaving their job and walking out without asking, or telling anyone?

Someone who thinks it's OK to just leave whenever they feel like it?

Company policy is what the company does, not what's on a piece of paper.

Incorrect.

While they may not enforce what's on that piece of paper, the Company must make their policy known before they can discipline anyone for violating such policy.

And yes, sometimes it's verbal, not necessarily written down on a piece of paper.

It's actually less serious an offense

Seriously?

Is tardiness a terminable offense?

No, but it is nowhere near the offense that leaving your job without telling anyone.

The OP was singled out,

Singled out for clocking out and going home whenever he wants without notifying anyone?

possibly in violation of ADA.

I like @Inthegame reference to Clarence Darrow.

The company needs to be shown that these fake firings will cost them if they keep it up.

Fake?

I agree that he will get his job back, but discharging someone for leaving their job without notifying anyone is not a fake discharge.

I am sure there is more to the story, though.

Why take management's side?

I am not.

I am replying to people like you who think that what the OP did was similar to being 2 minutes late one day and is no big deal.

People need to put their big boy pants on and take responsibility for themselves and their actions.

they just do whatever they want.

Sometimes.

Unless you are management,

I believe that I told @Dragon awhile back that I was a TIYS Specialist.

in which case I'll use shorter words from now on.

Maybe you should, you might actually make sense.
 

ski or die

Ski or Die
One of my positions at UPS was clerk in delivery center. Started at 5 p.m. Only supervision was until driver sup went home usually by 6 or 7 pm then I was on my own. Whenever I completed my job, I left not notifying anyone. I would always work my 8 hours but sometimes up to 12 hours. Wasn't even required to punch in and out for lunch. Dummies! Never ever was questioned by anyone about leaving or why I had to work whatever number of hours it took to complete the job.
 

Mugarolla

Light 'em up!
Wow.
@Mugarolla and @Inthegame

Have invested more time in this thread.... than I would.

-Bug-

I told you that I am always up for a good debate, no matter how long it takes.

One of my positions at UPS was clerk in delivery center. Started at 5 p.m. Only supervision was until driver sup went home usually by 6 or 7 pm then I was on my own. Whenever I completed my job, I left not notifying anyone. I would always work my 8 hours but sometimes up to 12 hours. Wasn't even required to punch in and out for lunch. Dummies! Never ever was questioned by anyone about leaving or why I had to work whatever number of hours it took to complete the job.

You had a set job, and new when it was done.

There are many positions like this.

The OP was on a made up job, wandering around helping where needed. He had no idea when his job was complete until he was told he was no longer needed.

Big difference.
 

UpsAngel

Well-Known Member
Update: 4 others have joined me for job abandonment. Anyone who clocked out without consent of management that day was discharged.
 

UpsAngel

Well-Known Member
I told you that I am always up for a good debate, no matter how long it takes.



You had a set job, and new when it was done.

There are many positions like this.

The OP was on a made up job, wandering around helping where needed. He had no idea when his job was complete until he was told he was no longer needed.

Big difference.
This particular day i did have a set job. Just last week (on same job) when i was done i was left to my work area until sort when down i did look for a sup he said just stay in your area. I dont mind standing around but not when managment considers it stealing time. Which is why i ended up just clocking out and calling it a day.
 

UnconTROLLed

perfection
This particular day i did have a set job. Just last week (on same job) when i was done i was left to my work area until sort when down i did look for a sup he said just stay in your area. I dont mind standing around but not when managment considers it stealing time. Which is why i ended up just clocking out and calling it a day.
have you ever fallen asleep while standing up?
 

Mugarolla

Light 'em up!
Me, my mistake. Took a guess based on the username.

I wasn't going to mention any names. Your secret WAS safe with me.

And, like I said, there is always more to the story.

Now it comes out.

when down i did look for a sup he said just stay in your area.

That sure sounds like do not clock out yet to me.

Which is why i ended up just clocking out and calling it a day.

OK.

I said I was hard on you because you're not new here. If you were a 3 month employee, I would be much easier.

You know better.

You said that on the same job, your sup told you to stay there.

Who cares if another sup may think you're stealing time.

You are working as directed. Yet you failed to work as directed and clocked out and left.

I'm sure you will be back, and when you are, please do not clock out and leave without letting your sup know.

And I also sincerely hope that your disability is not permanent, that your back will get better with time.
 
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