Please help..freaking out..husband fired for accident

[upsrwife]

Hi,

My husband is a package driver and has been for 5 years, with the company for 8. Good record, not a troublemaker. Wednesday he was on a dirt road, had a blind spot by woods, pulled out, and was hit. he was ticketed for careless. very small accident. the person's fender was bent in and tire flat. the other driver refused a tow, pulled out the dent, changed the tire. When the supervisor (who hates everyone) got there he fired my husband on the spot. then in the meeting the next morning they said he was fired because he had a tier 3 accident......and all of a sudden the supervisor said that after everyone left the other driver needed a tow. we think he is lying and called the person to have it towed from his house just so he can fire my husband. i'm sure the Union can find out the truth right? anyway, all the union people are telling me not to worry, he will get his job back, this supervisor has been complained on over and over ( i don't think that matters) but I can't wrap my mind around "don't worry" there is a 95% chance we will get his job back.
at that particular center we know of 2 accidents much worse were the people were back driving the next day. the Union thinks they are trying to make an example of my husband just because of bad timing. Do you have any advise, words? does he have a good chance? the accident was SO MINOR and the people weren't even mad. i don't know where to turn or who to believe. HELP!

 

[IDoLessWorkThanMost]

Hi,

My husband is a package driver and has been for 5 years, with the company for 8. Good record, not a troublemaker. Wednesday he was on a dirt road, had a blind spot by woods, pulled out, and was hit. he was ticketed for careless. very small accident. the person's fender was bent in and tire flat. the other driver refused a tow, pulled out the dent, changed the tire. When the supervisor (who hates everyone) got there he fired my husband on the spot. then in the meeting the next morning they said he was fired because he had a tier 3 accident......and all of a sudden the supervisor said that after everyone left the other driver needed a tow. we think he is lying and called the person to have it towed from his house just so he can fire my husband. i'm sure the Union can find out the truth right? anyway, all the union people are telling me not to worry, he will get his job back, this supervisor has been complained on over and over ( i don't think that matters) but I can't wrap my mind around "don't worry" there is a 95% chance we will get his job back.
at that particular center we know of 2 accidents much worse were the people were back driving the next day. the Union thinks they are trying to make an example of my husband just because of bad timing. Do you have any advise, words? does he have a good chance? the accident was SO MINOR and the people weren't even mad. i don't know where to turn or who to believe. HELP!

Its impossible to access any of these accident stories without "all sides" bottom line; As long as he is in a workers union, didn't kill anyone, and is civil, he'll get his job back. Good luck to you all.

 

[browniehound]

Per the contract and I'm paraphrasing here: If a citation was issued and a vehicle needed to be towed from the scene or a person needed medical attention away from the scene, then the driver will be subject to post-accident drug testing. Did your husbands urine come back dirty?

I ask this because this is the only possible scenario in which he could be fired and not get his job back.

Fired for a tier 3 accident alone? No way. 3 accidents in year and your back inside the hub until 1 of them falls off.

I've heard of being fired for an accident, but it was immediately turned into a suspension. I've never heard of a termination (from the company, most are allowed to work inside) lasting no matter how many accidents. I know of a driver that had no less than 7 in a few years time and is still driving for UPS.

This is why I'm asking if his urine was dirty? If so, God can't get his job back.

I have to say, your story doesn't jive and it appears you are leaving out some facts. This is just my opinion and I could be very wrong. I apologize in advance if I'm wrong and out of line.

No matter what the circumstances, I wish the best for your husband as long as nobody was hurt.

Brownie

 

[upsrwife]

thank you for your replies so far. no facts left out, that's just how it happened. no urine test so far, but he will be clean...everything in his life is clean. he has never tried a drug. the supervisor fired him as soon as he pulled up to the accident. without even knowing if there would be a tow or not. two years ago my husband got hit head on (not at work) and needed some time off here and there for surgery and had to take fmla. ever since then they have been targeting him and he is part of a small group of guys that are always getting harrassed. i read the contract yesterday. on page 25 it reads exactly like this:

except for serious accidents where the driver may be presumed to be at fault, a driver will not be removed from the payroll during an investigation of the accident.

A serious accident is defined as one in which:

fatality, or;

#3 a citation is issued and one or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

that's where they got him. but nobody saw the tow and the police marked in his report that the driver refused a tow. my husbands supervisor said that after everyone left the scene the driver called for a tow. we don't believe him and hopefull the union is looking into it.

it really was that small of an accident. i'm at a loss for words.

 

[rocket man]

The word accident last time i checked its not a cardniel sin , They are gonna make him feel like crap.THATS There way. Get unemployment right o ay its not much but it helps. DONT RESIGN DONT RESIGN DONT RESIGN. KEEP IN TOUCH WITH UNION. A nd when you get your job back and you will still get up go to a union meeting once in a while, ill admit they are boring but its respect for the people who are fighting for the quailty of life you are freaking about . good luck its not about you its about your family. DONT RESIGN DONT RIGHT A STAMENT ALL VERBAL ONLY WITH STEWARD OR BUSS AGENT DONT RESIGN. go out rake the lawn .or change the oil in your cars you will have some time get to kow your family you will be ok.

 

[longlunchguy]

First, get with a shop steward and file a greivance form stating your husband should be reinstated. Get a copy of the police report that shows the other vehicle was not towed. As was stated previously, do not resign, do not agree to anything without a union rep in the room. Stay in constant touch with the union business agent and push for a local hearing asap. This situation should be rectified in the next 10 days if your husband has no previous accidents in the past year. But to start, he must file paperwork with the union disputing the firing. Do this now, and the local mgmt team has ten days to respond to his greviance. Best of luck to your family. Keep us posted.

 

[1timepu]

Have your Husband call Atlanta, and make sure he names his supervisor

 

[VoiceOfReason]

Tier 3 is automatic firing pending investigation. Company policy.

The driver needs to file a grievance immediately. If the driver has a decent record they will be back.

 

[bad company]

Tier 3 is automatic firing pending investigation. Company policy.

The driver needs to file a grievance immediately. If the driver has a decent record they will be back.

I don't believe this is accurate. A few months back, my center had two tier 3 accidents within a couple days of eachother. Both drivers were still there, not fired, but they did have to get a ride from the division manager.

 

[over9five]

Nobody gets fired for an accident as stated by the OP. I'm also reasonably sure a supervisor doesn't have the authority to fire anyone. Correct me if I'm wrong somebody, but here you would get fired by the manager with your BA present, certainly not by a supervisor out on the road.

Now it *could* be some out of control sup, but I think the manager would have knocked some sense into his head when he got back to the building.

I'm with Browniehound. We're not hearing all of the story, and perhaps the OP isn't either.

I hope I'm wrong, and if I am, the hubby will be back to work soon.

 

[DorkHead]

A serious accident is defined as one in which:

fatality, or;

#3 a citation is issued and one or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

that's where they got him. but nobody saw the tow and the police marked in his report that the driver refused a tow. my husbands supervisor said that after everyone left the scene the driver called for a tow. we don't believe him and hopefull the union is looking into it.

it really was that small of an accident. i'm at a loss for words.[/quote]

Don`t worry. Your hubby will get his job back once he goes through the process. But I think the real question you are asking is how can you get this lying supervisor reprimanded? My question is why would you? Your husband had a accident and was ticketed. It was his fault. So what if the sup lied about the tow. Hubby will NOT get paid for the days he missed and he will just have a huge target on his back when he goes back to work if he continues to go after this sup. Be glad no one was injured and get on with your life and hubby`s career.

 

[babboo25]

If the supervisor is that much of a problem call the UPS ethical hotline, 1-800-220-4126.

 

[Cementups]

Tier 3 is automatic firing pending investigation. Company policy.

The driver needs to file a grievance immediately. If the driver has a decent record they will be back.

This cn't be correct. I know of accidents where there were fatalities and the drivers are still driving.

I would say that he will get his job back. Especially if he was not terminated promptly. Hisfirst trip after termination wshould have been to the Union Hall to seek proper representation.

 

[trickpony1]

As others have suggested, I would file a grievance immediately.

Ask for reinstatement and back pay stating that you feel the termination was unfair and inappropriate. DO NOT write a 5 page PhD dissertation, Keep it short and simple. DO NOT muddy the waters. The less you say the better off you will be. You will get your chance to speak at the local hearing.

Hand carry it into the union hall and have the clerk behind the desk date stamp it and photocopy it. You should receive a photocopy of the date stamped grievance before you leave the union hall.
I would then go to the poilice station and ask for a notarized/date stamped copy of the accident report. Perhaps you could speak to the investigating officer and have him/her write a short narrative of his/her activities.
I would have the union steward and/or the BA ask the supervisor that fired your husband what the name of the towing company is/was that towed the third party's vehicle and the location of the yard where the third party vehicle is being stored. Go to that yard and ask the owner/operator for a statement saying that vehicle has never been there if, in fact, it has never been there.
Don't irritate a supervisor that appears to be already out of control and accountable to no one.
Based on yuor presentation of this case, you could get your husbands job back with, I'm just guessing, a three day termination reduced to a suspension with time served AND, hopefully, get the supervisor fired for integrity/honesty.

 

[Channahon]

Just curious, as to why your husband is not posting on the site? He's been around UPS and only he can tell us what really happened. Has he had other accidents that you are not aware of, that might have something to do with this disciplinary action?

Personally, if my husband ever poked his nose into my work issues, I would have been totally embarassed. But then again, that is just me.

 

[trickpony1]

Channahon-

Have some compassion......the husband may be in a catatonic state right now.

Firing employees is all fun and games for management but can be rather upsetting if you're on the receiving end of the firing from a job that has become your life, your being, your soul and your family's future.

Husband may not be as computer literate as the wife also.

Just once try walking in someone else's shoes.

Go ahead and negative rep me.....I don't care.

 

[old brown shoe]

Have your husband try to contact the person who was driving the other car and get a written statement from them about being towed or if he was contacted by the manager after the accident. Should be able to get their name off the police report.

 

[rod]

Channahon-

Have some compassion......the husband may be in a catatonic state right now.

Firing employees is all fun and games for management but can be rather upsetting if you're on the receiving end of the firing from a job that has become your life, your being, your soul and your family's future.

Husband may not be as computer literate as the wife also.

Just once try walking in someone else's shoes.

Go ahead and negative rep me.....I don't care.

I agree with you Trick. We don't know what's going on in the husbands mind. When I was a rookie driver (4 years under my belt) I got fired for a backing accident. At least they told me I was fired. I didn't know better so I just assumed I could kiss the job good-bye. They had "forgot" to tell me that I was actually just suspended for 3 days so I walked around in a daze for 2 1/2 days thinking I was toast. I remember I was even hesitant to tell my wife I was fired because we had just had a baby and I felt like I was nothing but a big loser. Cut this guy some slack Channahon. I also don't care about rep points - my rep was shot years ago and I'm too old to worry about it now.

 

[barnyard]

In our district, a person involved in a Tier 3 is automatically fired and the length of suspension is determined by the severity of the accident. We just had one in the center that I work, 29 year accident-free driver. Minor intersection accident (other driver ran stop sign). The driver ended up with a 1-day suspension. I know that others have been fired and it stuck, others had 3 day suspensions.

With the information you've given, I would guess that a 1-3 day suspension is appropriate.

TB

 

[705red]

Here once you get fired for a serious accident the companies investigation is over. Any evidence recovered after the termination is not valid for the grievance procedure. So if you saying that he was fired before the vehicle needed to be towed he should be back with back pay. Depending on your contract languag and as you can see its not the same throughout the country. Good luck and dont be hard on your hubbie hes not the first one to have an accident or get fired for it and he sure wont be the last one. Right now he needs you support and not the typical nagging wife scenario.