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UPS Wrongly fired Driver for Union Activities but stays fired due to Facebook postings
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<blockquote data-quote="Mythical Methods" data-source="post: 2508444" data-attributes="member: 63163"><p>If federal law over rules anything a contract or supplement says where does free speech come in? Free speech is in the master document of the United States law, the Constitution. You are allowed to have an opinion and vocally express it. </p><p></p><p>My honest opinion is this particular case sets a bad precedent. If I can't call management team out for something they have done then how do we keep them honest? </p><p></p><p>Now tact and professionalism is preferred in these situations, which apparently this guy did not have. My main concern is what happens when the supervisor really is knuckle dragging and its true? Do we still lose our job?</p><p></p><p>This guy can not violate any UPS policies if he was fired by anything he said. After termination he was no longer legally bound to any agreements either verbal, written, expressed, or implied. The only contract he was still represented after termination was the Union Constitutions both national and local. </p><p></p><p>Now if these were the type of comments he was making before termination then my whole argument falls apart and he should have been smarter.</p><p></p><p>Also I agree with almost your entire argument throughout this thread. I just see a particular legal separation between employed date and the minute he was terminated. </p><p></p><p>Again the argument he shouldn't have said any of this if he wanted his job back does stand under common sense and common courtesy, but the legal definition is just not there because he was no longer bound by any policies after termination legally.</p></blockquote><p></p>
[QUOTE="Mythical Methods, post: 2508444, member: 63163"] If federal law over rules anything a contract or supplement says where does free speech come in? Free speech is in the master document of the United States law, the Constitution. You are allowed to have an opinion and vocally express it. My honest opinion is this particular case sets a bad precedent. If I can't call management team out for something they have done then how do we keep them honest? Now tact and professionalism is preferred in these situations, which apparently this guy did not have. My main concern is what happens when the supervisor really is knuckle dragging and its true? Do we still lose our job? This guy can not violate any UPS policies if he was fired by anything he said. After termination he was no longer legally bound to any agreements either verbal, written, expressed, or implied. The only contract he was still represented after termination was the Union Constitutions both national and local. Now if these were the type of comments he was making before termination then my whole argument falls apart and he should have been smarter. Also I agree with almost your entire argument throughout this thread. I just see a particular legal separation between employed date and the minute he was terminated. Again the argument he shouldn't have said any of this if he wanted his job back does stand under common sense and common courtesy, but the legal definition is just not there because he was no longer bound by any policies after termination legally. [/QUOTE]
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UPS Wrongly fired Driver for Union Activities but stays fired due to Facebook postings
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