I think that's what we've been doing.
Protective
- Thread starter Code 82 Approved
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59 Dano
I just want to make friends!
This is about legal action against a collection agency and/or a contractor. Not FedEx. For those keeping score at home, there are people here who advise that you pay a lawyer to represent you when you get written up. No, really!
Cactus
Just telling it like it is
So what?
Management loves to build a case to get rid of who they want and getting written up is usually the first step. If someone wants to pay out of their own pocket to protect themselves then that's their business.
MrFedEx
Engorged Member
An attorney is a good idea if they're either setting you up or you're getting terminated unjustly. If the write-up is bogus, and you're on the bubble, a letter from an attorney could very possibly get FedEx to back-off, which is what you want. Once you have the reputation for fighting back and/or going legal on them, maybe they'll leave you alone, which is what most of us want.
Just do your job, by their book, and then use their own policies against them if they try and screw you around. The problem with FedEx policy is that it's in Legalese for the most part, and management can interpret it in their favor quite easily. A competent attorney can cut to the chase and get them off your ass if it's something wrong on the part of the company. It's worth the $150 or so to have a lawyer write a letter putting FedEx on notice that you're not a laydown.
dvalleyjim
Well-Known Member
If you let this go too long there could be a statues of limitations thing. I would just see a WC lawyer and sue everybody. FedEx, the contractor and the insurance company. No matter what anybody says, you were wearing a FedEx uniform, delivering FedEx packages, in a truck with FedEx logo delivering to people who think you are FedEx. Unless you didn't do this on the job.
By the way, if you don't have 7 figures to pay them what can they do?
By the way, if you don't have 7 figures to pay them what can they do?
MrFedEx
Engorged Member
Bingo. Every OLCC and letter is another step in the "progressive discipline process". That is why you need to contest everything. Dano would have you believe that FedEx isn't OLCC or letter-happy. Right. Witness the recent spate of policy dictating OLCCs for any lates. That's fair, isn't it?
Have a couple of days of lates, then you get a letter, and pretty soon you're out the door. Perfectly fair. And we all know that employees are never singled-out and//or targeted by management.
UpstateNYUPSer(Ret)
Well-Known Member
I would think a letter from an attorney would have just the opposite effect.
MrFedEx
Engorged Member
You need to remember we have no Weingarten Rights. So, it's just you vs. management, with no steward or anyone else there to advocate for you or point-out errors vs. the contract. Think that's a big advantage for FedEx? Add-in the fact that most employees do not know policy and have no protections from management whatsoever contractually, and what do you have?
You really need to quit UPS and get a job with us.
UpstateNYUPSer(Ret)
Well-Known Member
So you are suggesting that an at will employee with performance issues hiring a lawyer will get mgt to back off?
MrFedEx
Engorged Member
Yes. Have seen it happen many times. FedEx is successfully sued very frequently and they are risk-averse when it comes to lawsuits. At-will doesn't protect FedEx from breaking the law.
UpstateNYUPSer(Ret)
Well-Known Member
If nothing else that employee would have a huge bulls eye squarely on their back.
MrFedEx
Engorged Member
Oh, so someone standing up for their rights is a target at FedEx? Yes, so true. But, in some cases, letting management know you aren't going to play their game keeps them off your case.
MrFedEx
Engorged Member
Usually, that employee already glows neon orange and has a huge bulls eye squarely on their back. Once you're at that point, an attorney can only help you, not the opposite.
You over at Brown have no idea what our management gets away with every single day without a peep of opposition. Your shop steward would have about 90% of their antics stopped dead in their tracks.
59 Dano
I just want to make friends!
I think your idea that an OLCC puts someone on the bring of termination says more about you than it does about anything else. After several years of alarmist posting about how OLCC's are just an excuse to fire couriers en masse, and after several years of that not happening, I think it's safe to say that an OLCC isn't the big bad bogeyman that it was made out to be.
59 Dano
I just want to make friends!
Just in case anyone is confused, FedEx will fire everyone for any crazy reason they can think of.
Unless you hire a lawyer. In that case, you will never ever be fired for anything.
Code 82 Approved
Titanium Plus+ Level Member with benefits!
I simply submitted the witness reports from their "award" in their industry publication for coming to my aid, gave 48 hours of weather data, directed the attorney to the EMS report, and ignored a huge amount of calls from a lawyer near the homeowner.
Code 82 Approved
Titanium Plus+ Level Member with benefits!
With that logic, why don't we all bust in on $500 for prepaid law for ourselves?
Code 82 Approved
Titanium Plus+ Level Member with benefits!
Ok, do the math, with a shelf life of maybe 5 more years at G, I could possibly see $250k in wages based on my ability and transition to hitting the old dirt path for my contractor. Wow, that's frightening.
59 Dano
I just want to make friends!
Because someone (usually someone who advocates hiring an attorney for anything and everything) will pipe up that "FedEx has a legal budget of millions and millions of dollars and they will drag out the legal proceedings until you can not longer afford to fight them. That's how they win."
And the next day, the same person would advise you to file a lawsuit over an OLCC.
