wrongful termination and harassment

[jaige]

Ok guys i need your opinions. I have been with UPS for almost 5 years now i started out as a part time sup on the pre load and went into driving. I have been a driver for well it will be 2 years in may. i filed my first grievance and the managers in my center took that as an insult or something and have been harrased ever since. by saying this i mean they have been writing me up for over a 1.5 now for the littlest thing such as being a minute late to the pcm or misdelievering a package or missing a pick up on a route i didnt know. some of these thing i understand are wrong and i should be written up for but other drivers in my center are doing the same or worse and they are letting them off on everything. i called the 800 number in november because it had gotten so bad and one of the manager stated that he was going to lay me off, i told him i had to many people below be he couldnt do that. he said he would lay everyone off just to get to me. peak came along things seemed to cool off. come this month they picked right back up. pulling me in the office for following edd and not making 9.5 when i was clearly in the red before i left. well last week i called out on tuesday to take my 8.5 month pregnant wife to the drs. there was a ice storm in MD and i didnt feel safe letting her go by herself. the next day i went into work and they gave me a notice of termination for calling out, and gave me 48 hours to get a drs note. i was out one day and didnt need a note as well as i have all my sick days and used one of them. well friday i went to work and they pulled me in the office asked where my note was, i told them i didnt have one and they terminated me under article 50, dishonesty. the manager said he didnt believe me that i took my pregnant wife to the dr and i was a liar. they escorted me off the property and here i am today.
What should my next step be? please any insight would be appreciated. thanks everyone.

 

[Nimnim]

Oh boy. jaige, you're going to hear some good advice and bad advice with a thread like this. Take things with a grain of salt.

My suggestion is file a grievance under article 37. I'm sure there's more but I'll have to look to make sure.

 

[UnconTROLLed]

put your letter back in?

 

[zeebs454]

Call your business agent at the local file a wrongful termination grievance,get a note from your wifes Dr and ask for back pay...

 

[bumped]

My advice would be to call your BA

 

[SWORDFISH]

This management team needs to be fired if this case is true. Anyway first document everything that happend, second find your shop steward and tell UPS your grieving being fired, he or you need to contact the union and get the grievance filed. After that I would file and article 37 harassment grievance.
You have a battle on your hands now so you need to do everything by the book, get a daily journal and a voice recorder would be great also and document everything. Good luck man.

 

[Jones]

Don't take this the wrong way but you need to be talking to your steward and your BA, not looking for advice on the internet. Keep in mind that everything you post here can/will be read by the same management team that just fired you.
If everything you say is true you'll get your job back.

 

[Cementups]

My first trip after getting in my car would have been to the Union hall. Actually it was the time that I was fired.

 

[Returntosender]

Call the news. This incident would be a public relations nightmare. How is ups going to discredit at pregnant wife. Ups terminates worker for calling in. because had to take pregnant wife to doctors. Put the manager on the spot through the media attention. Call your ba if nothing happens. Call nightline they look for unthinkable stories like this.

 

[UPSGUY72]

Ok guys i need your opinions. I have been with UPS for almost 5 years now i started out as a part time sup on the pre load and went into driving. I have been a driver for well it will be 2 years in may. i filed my first grievance and the managers in my center took that as an insult or something and have been harrased ever since. by saying this i mean they have been writing me up for over a 1.5 now for the littlest thing such as being a minute late to the pcm or misdelievering a package or missing a pick up on a route i didnt know. some of these thing i understand are wrong and i should be written up for but other drivers in my center are doing the same or worse and they are letting them off on everything. i called the 800 number in november because it had gotten so bad and one of the manager stated that he was going to lay me off, i told him i had to many people below be he couldnt do that. he said he would lay everyone off just to get to me. peak came along things seemed to cool off. come this month they picked right back up. pulling me in the office for following edd and not making 9.5 when i was clearly in the red before i left. well last week i called out on tuesday to take my 8.5 month pregnant wife to the drs. there was a ice storm in MD and i didnt feel safe letting her go by herself. the next day i went into work and they gave me a notice of termination for calling out, and gave me 48 hours to get a drs note. i was out one day and didnt need a note as well as i have all my sick days and used one of them. well friday i went to work and they pulled me in the office asked where my note was, i told them i didnt have one and they terminated me under article 50, dishonesty. the manager said he didnt believe me that i took my pregnant wife to the dr and i was a liar. they escorted me off the property and here i am today.
What should my next step be? please any insight would be appreciated. thanks everyone.

Have you called your BA ???? They are the only ones that are going to get your job back for you if your story is the truth.

I find it hard to believe that you let things go this far without contacting your BA. Your story really doesn't add up becasue you say you where a PT SUP and that you filed a grievance so you must know how things work at UPS and with the union. However your on BC asking for advise when you should know that the only person that is going to get you your job back is your BA if you haven't burned all your bridge there already.

With that being said it appears that you have brought some of your problems upon yourself. I'm sure there is alot more to the story than what you are telling and I'm sure it doesn't paint a rosie picture of you. Remember a good and strong union weeds out the people that can't seen to follow the rules. The union is here to get us good pay and befints with safe work coditions without being harrased and to make sure that the company follows the contract. It's not a reason to be a total ing idiot like some people believe.

 

[UPSGUY72]

My first trip after getting in my car would have been to the Union hall. Actually it was the time that I was fired.

+1

these days you should have called your BA before you got to your car.

 

[Anonymous 10]

Ok guys i need your opinions. I have been with UPS for almost 5 years now i started out as a part time sup on the pre load and went into driving. I have been a driver for well it will be 2 years in may. i filed my first grievance and the managers in my center took that as an insult or something and have been harrased ever since. by saying this i mean they have been writing me up for over a 1.5 now for the littlest thing such as being a minute late to the pcm or misdelievering a package or missing a pick up on a route i didnt know. some of these thing i understand are wrong and i should be written up for but other drivers in my center are doing the same or worse and they are letting them off on everything. i called the 800 number in november because it had gotten so bad and one of the manager stated that he was going to lay me off, i told him i had to many people below be he couldnt do that. he said he would lay everyone off just to get to me. peak came along things seemed to cool off. come this month they picked right back up. pulling me in the office for following edd and not making 9.5 when i was clearly in the red before i left. well last week i called out on tuesday to take my 8.5 month pregnant wife to the drs. there was a ice storm in MD and i didnt feel safe letting her go by herself. the next day i went into work and they gave me a notice of termination for calling out, and gave me 48 hours to get a drs note. i was out one day and didnt need a note as well as i have all my sick days and used one of them. well friday i went to work and they pulled me in the office asked where my note was, i told them i didnt have one and they terminated me under article 50, dishonesty. the manager said he didnt believe me that i took my pregnant wife to the dr and i was a liar. they escorted me off the property and here i am today.
What should my next step be? please any insight would be appreciated. thanks everyone.

Do you have an attendance problem?
Have you gone through the progressive discipline procedure for your attendance?
This just doesn't add up either you have some real stupid management or there are some facts your leaving out. This isn't the place for you to figure this out. If you don't have the union hall number goggle your local union# and you'll find it here.

 

[JonFrum]

Be sure to file your grievances within the required time period. Cite Articles 36 and 37 for discrimination and harrassment. Cite your Supplement's Sick Day Article, and your Supplement's Discharge Article for wrongful tremination.

And cite Article 16, Section 6 for violating your contractual right to use FMLA time to attend to your very pregnant wife. Your state may have an FMLA as well.

Learn all about your FMLA rights here . . .
http://www.dol.gov/whd/fmla/

Also see UPS' FMLA rules at . . .
http://www.upsers.com

Contact the nurse or H.R. person at UPS that deals with FMLA cases. They will know and respect your legal rights. Supervisors usually don't know, or don't care, or think you don't know of FMLA.

You do not need a Doctor's note to be out one day. Besides no Doctor can write you a note since you are not his patient, your wife is!!! He may not have first-hand knowledge that you drove your wife to and from his office.

However, under FMLA rules, UPS can demand that you prove your trip to the Doctor's office was legitimate. So when they realize they violated federal law, and that FMLA is in play, they may then demand proof by giving you papers to fill out. (I doubt your Supes were even aware of FMLA's aplicability in this case. They can be as hostile and clueless on-duty as some Browncafe posters can be off-duty. So when your Supes asked for a Doctor's note, it was based on the false notion that you needed a note to use one contractual Sick Day.)

If your BA doesn't get your job back and give UPS a spanking, the Department of Labor's Wage and Hour Division surely will.

 

[thessalonian13]

I would also get a hold of a good lawyer... They might have some fun with this if what you are saying is true.

 

[Braveheart]

Call the union ASAP!!!!!!!!!! If not a member JOIN AT ONCE!!!!

File art 7,52 for the wrongful termination.

File art 37,66 for harassment.

Add art 60 which I think talks about holidays/optiondays/sickdays.

Add art 16 for FMLA. Family Medical Leave Act for the medical needs of you and your wife for the birth of your child.

Contact a lawyer.

Call the proper state/federal agencies that enforce FMLA.

Call the 1-800 number.

This is just another bit of evidence that UPS does not care about its workers or our families.

And if it was me I would make sure every single one of my family and friends knew about this. Maybe your customers could find out and call in complaints for you. Ask the union about that one.

Your wife can not be retaliated against so have her and all of her friends hammer UPS on Facebook. Have them call UPS corporate and vow to never use UPS again if you are not put back to work.

 

[menotyou]

I am so sorry to hear what has happened to you. Take one second to breathe. It is hard, but you need it. The walk off the property is terrifying. It will be o.k. You will get your job back. You might receive a NDA letter stating that you are out of service. It is routine. Just their paper trail. Now, go start your own.
Get a pen and paper and write down what happened before you lose a detail. Today. Then, write or print out all the Articles referenced here from these lovely people who are helping out. Don't forget to put in your grievance concerning the Articles from the contract, "and all others not listed."
Call 1-800-220-4126 after you write down the details. Today. They will give you a reference number. Do not lose it.
Be at your Union Hall tomorrow.
Do not leave without a grievance signed and mailed certified.
Time is of the essence.
File for unemployment. Get the DOL, involved.
Good luck to you, sir. I am sorry UPS put you in such a horrible spot. Its twisted how they think.

 

[gorilla75jdw]

great advice guys , call ba , call local news . file your greivance regardlless of prior attendace record . get a A doctors note yesterday . its up to you , how much do you want it ?

 

[UPSGUY72]

I would also get a hold of a good lawyer... They might have some fun with this if what you are saying is true.

I would hold that thought especially since I don't believe we heard the whole story. From the little information this person has given us it appears there are alot of skeltons in his closet.

 

[dilligaf]

OMG! First off, your termination should have gone directly to your BA. Did you have union representation when they terminated you? You should have. If they denied you representation that just makes your case stronger. Look up your Weingarten rights. Definitely talk to your BA ASAP! I wouldn't bother calling. Drive to the hall. Talk to someone face to face. TODAY! Well TOMORROW.



http://en.wikipedia.org/wiki/Weingarten_Rights
http://definitions.uslegal.com/w/weingarten-rights/

 

[brownmonster]

All they asked for was a note from the doctor. That would have been very easy to get, unless he never took his wife to the doctor.