Has anyone actually been fired for attendance?

[Trucker Clock]

Here's the deal.

If the company follows the progressive disciplinary procedure, you can be fired for attendance.

Extenuating circumstances aside.... it takes months.... and multiple suspensions before termination.

Yep.

He called in 32 times in 9 months before he was eventually fired. He filed a lawsuit and the Seventh District Court of Appeals upheld the termination for attendance.

​

https://caselaw.findlaw.com/court/us-7th-circuit/1441970.html#:~:text=UPS%20relies%20upon%20an%20informal,any%20rolling%20200%20workday%20period.

 

[BigUnionGuy]

Yep.

He called in 32 times in 9 months before he was eventually fired. He filed a lawsuit and the Seventh District Court of Appeals upheld the termination for attendance.

​

https://caselaw.findlaw.com/court/us-7th-circuit/1441970.html#:~:text=UPS%20relies%20upon%20an%20informal,any%20rolling%20200%20workday%20period.

People think because it's not enumerated in the contact.... it doesn't exist.

 

[over9five]

I pulled a few drivers in a few years ago after pcm. One of them was a girl. I told her she was getting a warning letter. She starts crying and the steward leans in to me and says “what the heck do we do now?!”

Works good for getting out of speeding tickets too.

 

[oldngray]

Works good for getting out of speeding tickets too.

Flashing boobies?

 

[over9five]

Flashing boobies?

Man, I havent been flashed in a long time...

 

[Coldworld]

We have that now as well. Same with 30 minutes of lunch. These new boards count to the second on the time card. I took a 29:57 long lunch and I was in the office getting threatened with a warning letter even though the time card showed my lunch being 2:00-2:30. I think it’s bogus we have to come in ten minutes early and grab our call tags, follow ups, have our bags in the car, punched in with EDD and up front for the PCM at 9am. That’s a lot of free work. So I would wait until exactly 9:00 to punch in and by the time it was done it would be 9:01 then do all my stuff. It was being counted as lates, the shop stewards didn’t even back me up on that.

You don’t have to grab sht before your start time…punch in and walk to the pcm…walk back and get your poop bags and call tags.

 

[Coldworld]

Here's the deal.

If the company follows the progressive disciplinary procedure, you can be fired for attendance.

Extenuating circumstances aside.... it takes months.... and multiple suspensions before termination.

Don’t forget them messing it all up with one person and they have to wipe everyone’s slate clean because of it. Seen that happen many times here.

 

[over9five]

Man, I havent been flashed in a long time...

@toonertoo ???
@Operational needs ???

JS, help a brotha out!

 

[Coldworld]

@toonertoo ???
@Operational needs ???

JS, help a brotha out!

Here you go….you’re welcome.

 

[rebelsss]

If your over allowed is good, you should be good. My thing is, they day they give you off counts like taking the day if you don't use your option. That's an absence according to what I was told. It's not a no show at least.

 

[Red Devil]

Don’t they have to use paid time off first then it’s just unpaid leave? So they basically use their option days, vacation weeks all at once?
Doesn’t seem so awesome

Unless they’re just wanting unpaid weeks off?

Yes

We don’t want the money. We just want the misery to end

 

[I have NOT been lurking]

Good job

Flashing boobies?

 

[Operational needs]

@toonertoo ???
@Operational needs ???

JS, help a brotha out!

 

[UnionStrong]

View attachment 448023

@rickyb

 

[over9five]

View attachment 448023

Arghhhh, my eyes!!!

 

[rickyb]

@rickyb

your husband?

 

[21Savage]

I knew a guy who got fired. He missed a lot of days because he had another business on the side. He cared more about that than working for UPS. He didn't even fight to try to get his job back.

Hah we had a guy in my center that did the exact same thing. The local gossip king told me when he came in for his resignation he pulled out a wad of cash and handed a sup a 50 and told him to go buy lunch lol

 

[TheDick]

Or invite to a round of golf?

 

[Redtag]

Yep.

He called in 32 times in 9 months before he was eventually fired. He filed a lawsuit and the Seventh District Court of Appeals upheld the termination for attendance.

​

https://caselaw.findlaw.com/court/us-7th-circuit/1441970.html#:~:text=UPS%20relies%20upon%20an%20informal,any%20rolling%20200%20workday%20period.

I read most of that case and this was in the very early days of FMLA the law has changed a bit over the years, the employee did not have a approved FMLA serious medical condition requiring intermittent FMLA prior to his termination.. becuase it did not exist in 1994. Thr law was reworked in 2009 and 2013.


These days he would have gotten a doctor to sign off on intermittent FMLA.

 

[Trucker Clock]

I read most of that case and this was in the very early days of FMLA the law has changed a bit over the years, the employee did not have a approved FMLA serious medical condition requiring intermittent FMLA prior to his termination.. becuase it did not exist in 1994. Thr law was reworked in 2009 and 2013.


These days he would have gotten a doctor to sign off on intermittent FMLA.

He may have been able to get intermittent FMLA for his "neck injury" days off, but he still had an attendance problem.

UPS eventually terminated Haefling's employment as a result of his excessive absenteeism and his failure to abide by UPS's attendance policy.   During the period leading up to the termination of Haefling's employment, the attendance records for Haefling maintained by UPS indicate that he was absent from work at least thirty-two of the 257 days he was scheduled to work (an absence rate of approximately twelve percent).   The district court relied on Haefling's personal diary to establish Haefling's attendance rate for this same period.   This diary, which purportedly contained Haefling's notes on his own attendance, off-set some of the absences contained in UPS's attendance records.   However, the diary still indicated that Haefling missed twenty-five scheduled work days, which, in part, constituted seventeen occurrences.   In examining the two hundred day period immediately preceding the termination of Haefling's employment, the district court found that Haefling missed eighteen days on eleven occurrences for reasons ranging from heat exhaustion, to a suspended license, to the flu.   Of those eighteen absences, only seven days and five occurrences are attributed to Haefling's neck injury according to the district court's reading of Haefling's diary.


And we were basically talking about being terminated for occurrences of lates and call ins just because you didn't feel like coming to work, not because of a possible injury and FMLA. Yes, you can be terminated, even though there is no published attendance policy.