United Way Fund ?
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kingOFchester
Well-Known Member
LOL.....not sure using a law firm's website would constitute a thorough Google search. Using Mitchell Silberberg & knupp LLP for your research doesn't hold much water. But being that you used their site let me point you to there Updated interpretation of the law from 1994 rather then your 1993 interpretation of the law. https://web.archive.org/web/20061120113217/http://www.msk.com/csl_files/325668.pdf That is what we are talking about...no? Why are there so many lawyers, judges and courts and appeal courts?? Interpretation of the law!!
Jones, United way would NEVER take anyone to court. But here is my point. Someone makes a pledge. A pledge deducted from their personal pay check. UPS MAY deny you the right to stop/reduce the deduction. Can they be sued....sure and may loose. Would it go that far?? Probably not. That was not why I posted to this thread.
Have fun guys.gals. Had enough of this thread.
Jones, United way would NEVER take anyone to court. But here is my point. Someone makes a pledge. A pledge deducted from their personal pay check. UPS MAY deny you the right to stop/reduce the deduction. Can they be sued....sure and may loose. Would it go that far?? Probably not. That was not why I posted to this thread.
Have fun guys.gals. Had enough of this thread.
Sammie
Well-Known Member
A pledge card is not a legally binding contract. I just read this thread
and have a friend who works for the United Way. Even United Way employees themselves often stop their contributions to the United Way with an e mail to their payroll department.
You UPS management team has a direct computer link to payroll for adjustments, etc. which is called a payroll enquiry. They can message
the payroll dept thru this payroll enquiry in the time and labor section
and let payroll know that an employee wishes to stop United Way deductions. The employee's ID # will also be needed.
This is not an uncommon request.
gandydancer
Well-Known Member
OK. "If consideration from the charitable organization is not present, the pledge will still be enforceable IF, based on the donor's promise to contribute, the organization acts in reliance on the promise to its detriment and the actions in reliance are foreseeable." (emphasis added)
Actually, falsification of the law by lawless courts. Most obviously recently in the creation of a bogus right to homosexual marriage. But case law in this area shows events that are similarly lawless. The elements of a binding contract are pretty clear. The problem is that even when courts recognize (as, e.g., in Jewish Federation v. Barondess, 560 A.2d 1353 (N.J. Super. 1989)) that there is no basis in contract law for calling pledges contracts, they nevertheless have since at least 1927 lawlessly infringed on the perogatives of legislatures in this area.
But the state of law in these United States is not yet so degraded as to give United Way any hope of collecting on the OP's retracted pledge. And the OP in any case doesn't have to go to court to recover deductions made from his check after he has withdrawn the authority for them. A grievance under the "Paid-for time" provisions of the Master contract will get the job done just fine.
kingOFchester
Well-Known Member
Ok, I will agree to disagree. However, I stand by my first post. State by state.
"forceable. On the other hand, some states have laws that explicitly allow charities to collect on charitable pledges regardless of whether the charity made a promise in In fact, in some cases, charities have filed suit and gone to court over broken pledges from prospective donors. Many of these cases involve donors who died before they finished making their gifts. Whether or not a charity can collect on a broken pledge is actually a complicated legal question. Although a pledge closely resembles a standard contract that could generally be enforced, most contracts involve an exchange of promises between parties. With pledges, although the donor promises to give money, the charity often doesn't make a promise in return. This sometimes makes the pledge unenreturn."
Found https://web.archive.org/web/2010011...om/foolanthropy/2007/foolanthropy07010301.htm a 2007 article. I have crossed checked this several times and have come across other sites that back this up including government sites. Anywho, I will agree to disagree with you. I am leaving the sandbox and find some other thread to play in....this one isn't worth debating over!!
"forceable. On the other hand, some states have laws that explicitly allow charities to collect on charitable pledges regardless of whether the charity made a promise in In fact, in some cases, charities have filed suit and gone to court over broken pledges from prospective donors. Many of these cases involve donors who died before they finished making their gifts. Whether or not a charity can collect on a broken pledge is actually a complicated legal question. Although a pledge closely resembles a standard contract that could generally be enforced, most contracts involve an exchange of promises between parties. With pledges, although the donor promises to give money, the charity often doesn't make a promise in return. This sometimes makes the pledge unenreturn."
Found https://web.archive.org/web/2010011...om/foolanthropy/2007/foolanthropy07010301.htm a 2007 article. I have crossed checked this several times and have come across other sites that back this up including government sites. Anywho, I will agree to disagree with you. I am leaving the sandbox and find some other thread to play in....this one isn't worth debating over!!
thebrownbox
Well-Known Member
I have $4 taken out every paycheck.. since the year started i think it's up to like $65 or so.. I was thinking about stopping myself
UpstateNYUPSer(Ret)
Well-Known Member
Let me see if I have this straight--you have an even number dollar amount taken out weekly yet you have an odd number for a YTD total? Remind me not to have you do my taxes for me.
UPSNewbie
Well-Known Member
ROFL. I was going to point that out, too.
Thanks everyone for the help given didn't think the thread was going to turn haywire LOL. I got it off by a email I had another sup do it, I just think it was a email to payroll or who Evers in charge all he needed was my employee ID that was it. Anyone can get out of it, again thanks everyone.
Catatonic
Nine Lives
Most threads do go at least a little haywire ... some really haywire.
ups1990
Well-Known Member
Hey Hoaxster, my "frito" thread was admittingly a silly one.
helenofcalifornia
Well-Known Member
Wouldn't expect anything else but a silly thread from a SoCal boy! LOL
Red Rose Tea
Chihuahuas Rule!
very easy to cancel your United Way contributions. Go to the person in your center who does payroll (usually an OMS). Have them send an inquiry in Time and Labor requesting your contributions stop. 
jimstud
Banned
personally i would like to see all union members to stop giving to the united way through ups. now before anyone freaks out i did not say stop giving , i just said to stop giving through ups. i personally feel that the united way is a great thought it has just gotten to top heavy. the people who run it make way too much money that is why now i just donate the thousand a year i used to give to the united way straight to the jimmy fund for cancer research. i also don't think it is right for the management teams in each building to take credit for our generosity.
bigblu 2 you
Well-Known Member
im not 100% sure but after some investigating i heard from an inside source the charity program is run by the Madoff corp,headquarters at area 51.needless to say i will give no more.
Dustyroads
Well-Known Member
A pledge card is in no way a binding contract. The pledge can be revoked at any time. Use some common sense. I think I might send a certified letter to my center manager, indicating that I wanted my pledges to end immediately. (Management loves to send those certified letters, let them sign for one.) I can imagine a manager denying that he received an email, and regardless of your possession of it in your "sent box", an email sent is not necessarily an email read. Any legal contract requires provisions for termination of said agreement. Send the letter if you want out.
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tieguy
Banned
UpstateNYUPSer(Ret)
Well-Known Member
Perhaps they should change the pledge card as follows:
The above named employee has the right to discontinue this pledge at anytime or for any reason without any retribution from the employer. (sarcasm fully intended)
It's pretty simple--if you voluntarily pledge x amount either in a lump sum or in weekly withdrawals then, other than if your employment is interrupted or your financial situation drastically changes, you should live up to that pledge. Period.
Livin the Dream?
Disillusioned UPSer
How about if the economy completely tanks and every penny saved counts? Or is that just valid for UPS corporate?
