UPS Wrongly fired Driver for Union Activities but stays fired due to Facebook postings

Coldworld

60 months and counting
Free speech protects you from prosecution but doesn't protect you from the consequences of what you say. Slandering a company you work for, even if they deserve it, can result in your termination at times. A lot of people vent frustration on social media but you have to be careful. I feel for the guy but anyone else who thinks to be overly vocal about their workplace where potential customers can see or hear it should be careful with their words.
So if that was the case all of us would be fired because EVERYONE including management has said something in here that has had a negative slant towards the company....
 

Catatonic

Nine Lives
This coming from someone calling themselves "monkey butt"....lmao!! I liked the picture perfect mod better....
This coming from someone calling themselves "Cold Water" ... I liked the guy who had a D* better.
Don't try and make excuses for your recessive penis.
 

Mythical Methods

Active Member
Free speech protects you from prosecution but doesn't protect you from the consequences of what you say. Slandering a company you work for, even if they deserve it, can result in your termination at times. A lot of people vent frustration on social media but you have to be careful. I feel for the guy but anyone else who thinks to be overly vocal about their workplace where potential customers can see or hear it should be careful with their words.


Again I agree but he was no longer employed by the company. They can not hold him accountable for anything he said after termination. There is a difference between being employed and bound by the integrity policy and unwillingly terminated and no longer bound by any policy the company previously held you too. The company lost their rights to enforce the integrity policy the second they fired him.

I personally just believe there is a line between employed and terminated regarding what any company can hold you accountable too. They terminated him he did not willingly quit. So why would any of his actions between termination and re-employment be held accountable under any UPS policy?

Again I am not agreeing with his actions. I am just trying to define this. Perhaps there is a previous case out there that established this precedent and why they ruled in the company's favor regarding this issue. I don't know. I am just going off the information provided here.

Common sense dictates that the reason he was terminated is because he was making comments like this prior to termination which he reinforced on social media after termination. Only thing that makes sense really.
 

Mythical Methods

Active Member
Let me rephrase the last phrase on my last post. Instead of saying 'the reason he was terminated' but posted 'the reason he did not get his job back.'
 

Coldworld

60 months and counting
This coming from someone calling themselves "Cold Water" ... I liked the guy who had a D* better.
Don't try and make excuses for your recessive penis.
It's coldworld d*....get it right pops....and im not sure to be flattered or freaked out that a dirty old hippie is asking about my d ....I know it's the south but I'm sure they have transvestite hookers in Atlanta to be able to help your gay urges...
 

Catatonic

Nine Lives
It's coldworld d*....get it right pops....and im not sure to be flattered or freaked out that a dirty old hippie is asking about my d ....I know it's the south but I'm sure they have transvestite hookers in Atlanta to be able to help your gay urges...
I was trying to give you a break.
Cold water is an excuse for having such a small one.
Maybe a Cold World is an excuse as well.
 

watdaflock?

Well-Known Member
So, nowadays an employee can be fired for expressing an opinion about crooked supervisors on social media.... But those crooked snakes cannot be fired for the very actions that make them crooked
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hyena

Well-Known Member
Yes but not a cardinal sin. We arent just any comapny. We have a union contract that says what a cardinal sin is. It never should have reached the chair of a judge. The problem was that the union didnt uphold their end.
Where does the contract specify what a cardinal sin is?
 

hyena

Well-Known Member
Let's go one step further.

Walk into your sup's office in the morning and punch him in the nose.

Workplace violence is not a cardinal sin, yet see how fast you are terminated with no chance of coming back.

Same can be said for harassment.
I don't see how an employee can be disciplined when he's not on the clock. Which is essentially what they did in this case.
 
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hyena

Well-Known Member
Sorry if the truth hurts. The local wanted this guy gone. One of the reasons his discharge was reversed by the judge.

If my local wants me gone, and I go in front of an NLRB ALJ to get my discharge reversed, I won't be stupid enougn to have posted on social media that my sup is a knuckle dragging.....etc.

And trust me. It is not rampant, for the most part the locals do a good job of representing, but there is that occassional instance where they do not.

In this case, the local fell short (on purpose) but it was remedied by the NLRB.
Hindsight always 20/20.
 

Browntrk1

Member
We all speed everyday too, but we don't always get a ticket. No one would bother to fire you unless you said something pretty bad that could impact the brand or they were just looking for an excuse to fire you. In this case, both were probably factors.
So if that was the case all of us would be fired because EVERYONE including management has said something in here that has had a negative slant towards the company....
 

UpstateNYUPSer(Ret)

Well-Known Member
We all speed everyday too, but we don't always get a ticket. No one would bother to fire you unless you said something pretty bad that could impact the brand or they were just looking for an excuse to fire you. In this case, both were probably factors.

He was fired and then posted the comments.
 
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