Termination Help

Heinrich

Active Member
So... Things I should know/mention at my hearing besides what happened?

Does anyone have any advice/UPS lingo regarding this matter?
 

UpstateNYUPSer(Ret)

Well-Known Member
I would assume that you would meet with your BA before the hearing. He/she will review what happened and will outline a course of action.

Your best bet would be to sit there and let your BA do all of the talking, only answering any questions they ask directly to you. DO NOT embellish.

If everything that you have told us here is true you should be put back to work and paid for the days that you were off.
 

intowin

Member
Fired this morning By a Manager that seemed to be orchestrating my failure in completing probation. First, being fired and the reasons stated. This Manager maintains that I missed my very first two days of work. ahhh, no i did not. I had problems signing in reported this to sup that day and on multiple occasions since.

They assured it would be corrected and it apparently was not. What's more, b/c of what I saw and others believed possible of this manager, I talked to a shop steward informally, thinking i had passed probation, even being told by a sup that i didn't have to worry about being cut anymore, just to find out if this could actually be happening.

This past Friday steward stopped by as I was loading trucks to explain something. A manager who has their own issues with this steward saw him talking to me, came up and told him repeatedly to stop talking to me. they started yelling at each other and it got real for a minute. It was clear the manager blamed me for the conflict. I didn't have a problem with this manager. Today i came to work and started working, was called to the office and summarily let go by the manager who I mentioned had it out for me.

I know that on paper the manager is well within her rights. However, I did not miss those days at work, which put me past the amount of days needed to clear probation. Also, it's been clear that she was out for blood and it felt pretty clear that she was retaliating for my having even talked to a steward and the argument which i was not part of, and whatever became of the manager involved in the argument.

I have worked the amount of days required to pass probation and this manager has been interfering with my work flow and productivity since i was moved to her jurisdiction. What can I do Who can I talk to, while making the least amount of waves.
 

trickpony1

Well-Known Member
If the union and the BA fail to represent, pursue and protect your rights then file with the NLRB.

It appears you are past the point of worrying about making waves.
 

km3

Well-Known Member
What can I do Who can I talk to, while making the least amount of waves.

You're trying to contradict a manager who didn't like you to begin with and, as far as he/she is concerned, fired you. You're gonna make waves now whether you want to or not. If you get your job back, you better watch your back.

I have worked the amount of days required to pass probation

Try to think of any witnesses that saw you there working those first two days. Then call your union hall and try to get in touch with your business agent, and explain the situation to him/her.
 

intowin

Member
If the union and the BA fail to represent, pursue and protect your rights then file with the NLRB.
First, Thank you to those that have/do reply and offer advice or info, I happily busted my A** from day one and I don't want to go out like this, if at all possible.

It appears you are past the point of worrying about making waves.
It does appear that way. It just seemed so obvious on multiple occasions that she set me up to fail when i was kicking A** on a truck load, or add some element to my day that was out of the ordinary for anyone on any day. So, Do I have a business agent being that I hadn't, from what the manager reported, completed probation? Will the Union be at all interested in hearing what I have to say?

HR was supposed to call me this afternoon to come in and pick up my last check, per the manager you fired me, at which time I could appeal to them. they did not call me, so i went down but they had left for the day. I called the upsers help line but decided to wait until I had a chance to speak to HR in the morning.
 

intowin

Member
If the union and the BA fail to represent, pursue and protect your rights then file with the NLRB.

It appears you are past the point of worrying about making waves.
Ok, I'll do my best. I suppose you're right about waves and clearly others agree. I'll just be respectful and go through whatever process is available to me.
 

km3

Well-Known Member
So, Do I have a business agent being that I hadn't, from what the manager reported, completed probation? Will the Union be at all interested in hearing what I have to say?

Maybe, maybe not. All you can do is call. If you're as confident as you sounded in your first post that you passed probation they should at least listen to you. But you're only hope is that you can find witnesses that will give a statement that you worked those two days, or that someone, somewhere, was keeping track of the days you worked separate from the timecard system.
 

intowin

Member
Yeah, there were other instances where I came in early, boxes started dropping and I just went for it, only to forget to punch in. Stupid, but innocent. again reported to sup and they may or may not have updated my time card. The problem is the manager wouldn't allow me to review any of the info they had. another aspect of this is that the two manager on more than one occasion, would try and bring me in the office for a conversation and when i realized what was about to happen i asked for representation or a witness and they pressured me to proceed without, everytime. they'd say, why do you want that? Do you want to be in trouble? I was already in trouble, with them nipping at my heels as if we were about to have a meeting and i would get to speak. then the door would close and they would start in. every time I tried to speak it was either, why are you being defensive, stop interrupting... ect. so i did stop talking and that was that until today.
 

km3

Well-Known Member
The problem is the manager wouldn't allow me to review any of the info they had.

If the union decides to investigate this for you, they should be able to get whatever the manager's hiding from you...if anything.

i asked for representation or a witness and they pressured me to proceed without, everytime.

Technically if you didn't pass probation, you didn't have a right for representation yet. This could be part of why they wanted to get rid of you.
 

intowin

Member
You're trying to contradict a manager who didn't like you to begin with and, as far as he/she is concerned, fired you. You're gonna make waves now whether you want to or not. If you get your job back, you better watch your back.



Try to think of any witnesses that saw you there working those first two days. Then call your union hall and try to get in touch with your business agent, and explain the situation to him/her.
I will try. It was the first two days of my job and it was back in november, but i'll definitely try. When the manager first revealed her intentions to get rid of me and mentioned the missed days, i replied that I was indeed there. the manager was using the missed days as proof that I had the lowest seniority and was therefore the first to go home on low vol days, even though i knew there were people hired after me working at the time. in fact, me opposing her in this, is when I noticed what I saw as a systematic move to get rid of me.

As a sidenote, this is about my least favorite thing to do. what seems like complaining about my situation. I just want to put my head down and work... but what else can I do..? I value the feedback, because I really didn't have a clue as to what my best course of action would be. according to the manager, there isn't one.
 

intowin

Member
...or that someone, somewhere, was keeping track of the days you worked separate from the timecard system.

Actually, a close friend recommended me for the job and was paying attention as I got closer to being hired. I'm sure between the two of us we can remember something about those days and that i was there. Heck, I may have even given him a ride those first two days.
 

scooby0048

This page left intentionally blank
Fired this morning By a Manager that seemed to be orchestrating my failure in completing probation. First, being fired and the reasons stated. This Manager maintains that I missed my very first two days of work. ahhh, no i did not. I had problems signing in reported this to sup that day and on multiple occasions since.

They assured it would be corrected and it apparently was not. What's more, b/c of what I saw and others believed possible of this manager, I talked to a shop steward informally, thinking i had passed probation, even being told by a sup that i didn't have to worry about being cut anymore, just to find out if this could actually be happening.

This past Friday steward stopped by as I was loading trucks to explain something. A manager who has their own issues with this steward saw him talking to me, came up and told him repeatedly to stop talking to me. they started yelling at each other and it got real for a minute. It was clear the manager blamed me for the conflict. I didn't have a problem with this manager. Today i came to work and started working, was called to the office and summarily let go by the manager who I mentioned had it out for me.

I know that on paper the manager is well within her rights. However, I did not miss those days at work, which put me past the amount of days needed to clear probation. Also, it's been clear that she was out for blood and it felt pretty clear that she was retaliating for my having even talked to a steward and the argument which i was not part of, and whatever became of the manager involved in the argument.

I have worked the amount of days required to pass probation and this manager has been interfering with my work flow and productivity since i was moved to her jurisdiction. What can I do Who can I talk to, while making the least amount of waves.


Hey great job hijacking someone else's thread!
 

scooby0048

This page left intentionally blank
I know bro, wasn't clear on how it worked. I have since reposted a new thread. And will try to remove if possibles Apologies to original poster.
Well, at this point, you've already posted the firing 3 times. You might as well just stay put and get your answers from this thread instead of making 4 posts about it.
 

scooby0048

This page left intentionally blank
I know bro, wasn't clear on how it worked. I have since reposted a new thread. And will try to remove if possibles Apologies to original poster.
Besides, you've been given the correct answers anyways, get your steward and file a grievance to protest the termination, get a hold of your local and BA as well. Not completing probation is not good in your favor but who knows, you could get lucky.
 

trickpony1

Well-Known Member
The fact that management to not being honest, open and forthright suggests something underhanded is going on.

The OP asked for records showing they (OP) worked the first two days and didn't get it. The OP needs to sit down with a calendar and try to relive the past and what days they actually worked.

Was the OP given any feedback throughout the 30 days as to his/her progress?
 

intowin

Member
The fact that management to not being honest, open and forthright suggests something underhanded is going on.

The OP asked for records showing they (OP) worked the first two days and didn't get it. The OP needs to sit down with a calendar and try to relive the past and what days they actually worked.

Was the OP given any feedback throughout the 30 days as to his/her progress?

I worked everyday that we were scheduled except one saturday probably still in November where the employees were informed word of mouth and I missed the memo. I by chance learned of the mistake on saturday and contacted a supervisor who then advised me to call the hotline to prevent a "no call/show" on my record.

I asked to see the records so I could point out the days where there was a punch in issue and see the manager refused and told me what the facts were. The first thing I pointed out is the number of paychecks that had been issued and that they alone add up to the correct number of days and she even denied that, almost blurting "NO" out.

I was actually given feedback and an opportunity to work loading and closely with an awesome sup. I did well. They started me out on a drop with 1400 packages and i did it, more than once. he gave me feedback and I improved a lot. this is when I feel the move to get rid of me began. It was obvious. at one point I said, politely, straight up, it seems like you're trying to build a wrap sheet on me so you can in turn fire me and they replied that, YES, they can do that. I said, only if it's fair. I was wrong. I can do the work, I know the methods, I want to be there.

The only difference is through peak, because i could work fast and for extended periods of time strenuously the used me to clear out the backs of penns and to help guys with exceptionally heavy trucks, never getting to actually load myself. Yes, here and there, but... I was antsy to get my turn but i stayed quiet about it. I enjoyed what I was doing. so I really just started loading trucks recently. Due to an awesome sup and me paying attention along the way, I got up to speed quickly and was/am ready to go. My sup reported that I could handle any route. I think they're right. i had a route but the manager cut it and ultimately offered it to another loader who had seniority. That was fine. I shook their hand and moved on, albeit to more shenanigans, or that's what it looked like to me and others. maybe it was all coincidence. I made my own mistakes, but nothing unexpected for a new guy. all indications from other's put me ahead of the curve. I just want the opportunity to work and I think I've earned it. Hoping someone else sees it that way and lends their. endorsement.

Thank you good people. Great advice. I'm pretty sure the cards are stacked in their favor, but isnt that how it's supposed to be? Nature of the beast. I'll give it a go and see
 
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