Layoff then Fired

Char

Well-Known Member
They laid me off 9/13/08 give or take a day. They said they informed me on 10/03/08 that I was to return the following week. I never got a call or letter. I went out of town from 10/06/08 to 10/10/08 on the 10/09/08 I was home for a my son's baptism then my family left town again from 10/12/08 to 10/21/08. I called and asked if they were going to bring me back anytime soon. They said they had been trying to inform me to come back since 10/03/08. I had no messages on my phone and no letters in the mail. They told me I was terminated as of 10/16/08. My seniority date is 06/99 and I am currently a part time EAM driver.

Is this termination permanent or is there a chance I can be reinstated?
 

over9five

Moderator
Staff member
First call your boss and ask what's going on?

Second, call your BA and tell him what's happened. It is my belief you will get this straightened out and get your job back.
 
All laid off employees here receive letters ,not sure if they call also. Does UPS have all your correct info,address,phone,etc? I would contact the union as well as see if you can get a transcript from the phone company for a record of all incoming calls to prove your case.
 

tieguy

Banned
They laid me off 9/13/08 give or take a day. They said they informed me on 10/03/08 that I was to return the following week. I never got a call or letter. I went out of town from 10/06/08 to 10/10/08 on the 10/09/08 I was home for a my son's baptism then my family left town again from 10/12/08 to 10/21/08. I called and asked if they were going to bring me back anytime soon. They said they had been trying to inform me to come back since 10/03/08. I had no messages on my phone and no letters in the mail. They told me I was terminated as of 10/16/08. My seniority date is 06/99 and I am currently a part time EAM driver.

Is this termination permanent or is there a chance I can be reinstated?

Atlantic supplement requires recall by certified mail.
 

drewed

Shankman
Well if its an contact info issue, thats all on you, the company cant guess whether or not you moved or changed phone numbers....
 

705red

Browncafe Steward
Well if its an contact info issue, thats all on you, the company cant guess whether or not you moved or changed phone numbers....
If you read ties post it spells it out, you must be notified by certified mail, this way the company has documented proof of you receiving it. You can not be contacted by phone and if it was mailed out through the USPS they would address correct it to the right address if he had moved, this is how we find out were to send our packages to customers that have moved.
 

IDoLessWorkThanMost

Well-Known Member
If you read ties post it spells it out, you must be notified by certified mail, this way the company has documented proof of you receiving it. You can not be contacted by phone and if it was mailed out through the USPS they would address correct it to the right address if he had moved, this is how we find out were to send our packages to customers that have moved.

Not that I have ever seen. Either UPS ecs calls the customer, or whatever clerk looks up the addresses on choicepoint or whatever address lookup they ahve access to. I have never heard of UPS directly using the post office to find where people moved to, at least around here.
 

705red

Browncafe Steward
Its call post carding, they send a post card to the last known address and than the USPS forwards it to the new one.
 

drewed

Shankman
I know what youre saying Red, I understand that but if he had never changed his address with UPS it wouldnt have ever gotten there, UPS can say we tried to contact them and it was it was rtsed. True the USPS could have forwarded it but if someone doesnt fill out the forward form it doesnt get forwarded and also mail forwarding expires after like 6 months
 

gandydancer

Well-Known Member
...Is this termination permanent or is there a chance I can be reinstated?

Your local should have automatically grieved any suspension or termination. If management can't prove a serious attempt to contact you you ought to get your job back with back pay -- their sayso just isn't good enough.

What contracts are you under?
 

tieguy

Banned
Your local should have automatically grieved any suspension or termination. If management can't prove a serious attempt to contact you you ought to get your job back with back pay -- their sayso just isn't good enough.

What contracts are you under?

We don't send letters on three day absent no calls. Those are job abandonment discharges rather then disciplinary discharges. If no recall letter was sent then he should be able to return to work.

He should file an immediate grievance. Grievance based on the date of discovery of his discharge.
 

drewed

Shankman
So lets say UPS sent the certified letter and it was sent back do to, not being able to get a sig for it bc the address is wrong (and USPS couldnt forward it) does he still get his job back for not having his contact info?
 

705red

Browncafe Steward
Was he fired for contact info? He was fired for job abandonment. Do you think that if they had a problem getting a letter to him no else that worked with him would have heard about it.

In venters we are usually pretty close and always asking about others, wc, disability, fmla, someone would have said something.
 

drewed

Shankman
Well yea he was fired for job abandonement but if UPS had the correct info the letter would have got to him....
And I see what youre saying with the checking in on eachother it coul be that he wasnt liked, no one found out they were trying to get :censored2: of him
 

Babagounj

Strength through joy
Not that I have ever seen. Either UPS ecs calls the customer, or whatever clerk looks up the addresses on choicepoint or whatever address lookup they ahve access to. I have never heard of UPS directly using the post office to find where people moved to, at least around here.
Went those people came into the CC with a postcard, with the USPS yellow correction address tape on it, one could update the address from that. If they wished to.
 

IWorkAsDirected

Outa browns on 04/30/09
All laid off employees here receive letters ,not sure if they call also. Does UPS have all your correct info,address,phone,etc? I would contact the union as well as see if you can get a transcript from the phone company for a record of all incoming calls to prove your case.

If a call does not connect it will not show up on phone records. I know this for sure because I was involved in a court case which if they would have shown up would have helped immensely.
 

Char

Well-Known Member
I was out of town when the letter was sent. I never received a letter. I only received a post office notification card AFTER I returned when I checked my mail. The day I returned, I called the center to ask if I would be called back anytime soon, at this point I was told that they had tried to contact me and that I was already terminated, at this point, I found the post office notification of registered letter.
 

drewed

Shankman
Ok you need to explain the details of this a little better
When was the notification dated? bc if they sent out the letter on the 3rd, most local transit times on USPS is a day or two which would have made getting to you bout the 5th. It def should have been to you by the 9th and since they said they terminated you the 16th i dont think it would have taken a week and a half to get to you.
 
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