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Made a sexual joke, got attacked, advice?
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<blockquote data-quote="Mugarolla" data-source="post: 4299010" data-attributes="member: 8481"><p>I more did it more for everyone else, pointing out the fact that even though the Steward recommended something, don't take that as the Gospel. With something as serious and final as this, I would have called my BA, or had my Steward call my BA, to get his opinion before I did anything.</p><p></p><p>[USER=79169]@Sadman101[/USER] just still doesn't understand that if he didn't resign, he was going to get fired. But, he still would have had a shot of getting his job back. But, the following is also true.</p><p></p><p>To everyone else reading this. If you resign, you are done. If they fire you, you still have a chance. But, there is still a risk of the discharge being upheld. If the discharge is upheld, and when applying for another job, and they ask you why you left UPS, what do you tell them? I was fired for sexual harassment? Good luck.</p><p></p><p>It was actually a tough choice, but I don't think what [USER=79169]@Sadman101[/USER] did was blatant sexual harassment. I mean, we do work at a trucking company, where trucker humor is rampant. We are not in an office environment full of professional suits and skirts.</p><p></p><p>You still need to be careful what you say, but if it's borderline, the environment also comes into play for cases like this.</p><p></p><p></p><p></p><p>OK. One last time, because this may come down to semantics.</p><p></p><p>Whether or not the labor manager told you he would reduce your hours to zero may be irrelevant. I know what he meant, and so does everyone else, except you.</p><p></p><p> 1. Did you resign because you thought that if you didn't, your hours would be reduced down to zero, but you would not have been fired?</p><p></p><p> 2. Did you resign before the labor manager told you to resign or be fired?</p><p></p><p>See, I find this hard to believe, and so would a lawyer, a judge, an arbitrator, the NLRB, the DOL, the EEOC and every other agency that you could go to for help.</p><p></p><p>I believe that you knew, before you resigned, that if you did not resign, you were going to be fired.</p><p></p><p>And this is not an assumption on my part, this is exactly what you said, twice. </p><p></p><p>And UPS already knows who you are, I mean, how many people just resigned instead of being fired for sexual harassment. and they already have your statements that you made here on Brown Cafe.</p><p></p><p>Here, I'll help you remember what you said...</p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p>What part of these two statements don't you understand.</p><p></p><p>You're only option is to claim that you resigned under duress. The only problem with that, is that you had Union representation right there counseling you on what to do.</p><p></p><p>It still could be a long shot, probably a one in a million, but go for it. I wish you no ill will, and I have already said before, I don't blame you, I blame your Steward for telling you to resign without him at least calling your BA first.</p></blockquote><p></p>
[QUOTE="Mugarolla, post: 4299010, member: 8481"] I more did it more for everyone else, pointing out the fact that even though the Steward recommended something, don't take that as the Gospel. With something as serious and final as this, I would have called my BA, or had my Steward call my BA, to get his opinion before I did anything. [USER=79169]@Sadman101[/USER] just still doesn't understand that if he didn't resign, he was going to get fired. But, he still would have had a shot of getting his job back. But, the following is also true. To everyone else reading this. If you resign, you are done. If they fire you, you still have a chance. But, there is still a risk of the discharge being upheld. If the discharge is upheld, and when applying for another job, and they ask you why you left UPS, what do you tell them? I was fired for sexual harassment? Good luck. It was actually a tough choice, but I don't think what [USER=79169]@Sadman101[/USER] did was blatant sexual harassment. I mean, we do work at a trucking company, where trucker humor is rampant. We are not in an office environment full of professional suits and skirts. You still need to be careful what you say, but if it's borderline, the environment also comes into play for cases like this. OK. One last time, because this may come down to semantics. Whether or not the labor manager told you he would reduce your hours to zero may be irrelevant. I know what he meant, and so does everyone else, except you. 1. Did you resign because you thought that if you didn't, your hours would be reduced down to zero, but you would not have been fired? 2. Did you resign before the labor manager told you to resign or be fired? See, I find this hard to believe, and so would a lawyer, a judge, an arbitrator, the NLRB, the DOL, the EEOC and every other agency that you could go to for help. I believe that you knew, before you resigned, that if you did not resign, you were going to be fired. And this is not an assumption on my part, this is exactly what you said, twice. And UPS already knows who you are, I mean, how many people just resigned instead of being fired for sexual harassment. and they already have your statements that you made here on Brown Cafe. Here, I'll help you remember what you said... What part of these two statements don't you understand. You're only option is to claim that you resigned under duress. The only problem with that, is that you had Union representation right there counseling you on what to do. It still could be a long shot, probably a one in a million, but go for it. I wish you no ill will, and I have already said before, I don't blame you, I blame your Steward for telling you to resign without him at least calling your BA first. [/QUOTE]
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