It Appears I'm Being Fired - Please help...

[Livin the Dream?]

I don't understand why its taking so long. Timelyness issue may argued by the company saying the issue is under investigation. But it sounds like its even exceeded the time allowed for accident investigations. Not sure about this one.

A grievance on the timelyness might be an option but then it could provoke a negative response.

Have you gone into talk the center manager face to face to show your concern and eagerness to return to work?

I try to run into center manager on a daily basis. He has made it clear he is annoyed with my continual checking in, and has said "when I know something, you will know something".

I spoke with a driver/steward that is very good (this was 2 weeks ago) and he suggested no grievance at that time - didn't want to rock the boat. I am going to talk to him again & see what the thought is now.

 

[dannyboy]

while timeliness is an issue, it would be one that I would bring up after they fired you. They can make and argument like Tie mentioned that it was under investigation, I have seen some take two weeks. But this is pretty cut and dried.

So while your center manager might be a bit put out by the whole deal, so are you. He needs to understand that you are looking for s timely resolution to the deal. Maybe take the steward with you the next time.

But as far as filing, dont know if there is actually something to grieve until they rule on what the action will be.

If they bring you back as a driver, I would have mixed feelings as far as filing for back pay, doubt you would prevail. But if they should not bring you back, the timeliness of the ruling would be one of several issues that would need to be grieved.

Until then, dont give them ammo to find fault with what you are doing.

d

 

[Livin the Dream?]

while timeliness is an issue, it would be one that I would bring up after they fired you. They can make and argument like Tie mentioned that it was under investigation, I have seen some take two weeks. But this is pretty cut and dried.

So while your center manager might be a bit put out by the whole deal, so are you. He needs to understand that you are looking for s timely resolution to the deal. Maybe take the steward with you the next time.

But as far as filing, dont know if there is actually something to grieve until they rule on what the action will be.

If they bring you back as a driver, I would have mixed feelings as far as filing for back pay, doubt you would prevail. But if they should not bring you back, the timeliness of the ruling would be one of several issues that would need to be grieved.

Until then, dont give them ammo to find fault with what you are doing.

d

Good advice - thanks.

 

[tieguy]

I try to run into center manager on a daily basis. He has made it clear he is annoyed with my continual checking in, and has said "when I know something, you will know something".

I spoke with a driver/steward that is very good (this was 2 weeks ago) and he suggested no grievance at that time - didn't want to rock the boat. I am going to talk to him again & see what the thought is now.

sounds like there are many hands in the pot on this decision. My gues the LP divison manager, HR, Labor and your package DM.

Your case is unusual in that you were driving suspended for so long.

Sounds like you have some good reasons. My gut tells me the length of time taken is a positive indicator.

This may just be as simple as trying to get everyone together during a time when some of them may be on vacation.

 

[hondo]

sounds like there are many hands in the pot on this decision. My guess the LP division manager, HR, Labor and your package DM.

My thoughts exactly. It's not the center manager's decision to make. So don't ask him/her about it any more than once a week. And don't try contacting LP, Labor, DM, etc.

Your case is unusual in that you were driving suspended for so long.

I still think it has something to do with the "part-time, unqualified cover driver" job status, and the fact that the suspension arose from an equipment (non-moving) violation. I mean, if someone achieves PTUCD status and then gets a moving violation/accident, do they retain their PTUCD eligibility but DQ from a FT pkg bid for a certain time period? Or do they lose all eligibility to drive (and work inside only) until a certain time period of a clean driving record has elapsed?

 

[Coldworld]

could livin' go back on the dmv on this? Was the original letter sent certified...to make sure someone actually received it??

 

[SKAGITDRIVER]

Lets hear an update. did you get fired?

 

[dannyboy]

Without government permission to sue them, you pretty much cant.

While it might appear that the DMV might have played a roll in this, they sent the letter. More than likely they still have it, along with the post mark showing when they sent it. Also on the letter will be the reason it was returned. The last known address is the only way they have or contacting the guy, so they did all they could legally be required to do.

In this case they would bounce the responsibility back on living for not getting his address corrected with the post office. Had he gone down there within a few days and asked them to hold his mail there, there would have never been an issue.

To win, he would have to show that they were negligent, which I dont believe he could do.

I also realize that he stated there was a delay in getting the ticket information updated. He would have to show that he did so in a timely manner well before the date on the ticket. Even then, I dont know if you could really impress the judge enough to have him find they were liable because of incompitence.......after all they ARE the DMV

d

d

 

[Livin the Dream?]

Lets hear an update. did you get fired?

There is no update - they have not decided my fate.

Serious Question - within 12 hours of this being brought to my attention, everything was fixed/documented/paperwork given to boss.

I've been told that they are confirming what I wrote / told them. I already know it is 100% factual.

It is starting to feel like now they are just trying to find something / anything. That, and I don't think they would mind if I quit - easy way to get rid of a union employee?

I'm not going after the DMV over this for many reasons, not the least of which it would be a waste of my time.

I'll hang on to the part time position forever, as my second job, to pay insurance for my family. Am I wrong, or is this now more possible since I was never officially qualified as full time?

 

[over9five]

Reasonable people would let all this go away, and re-instate LTD to his driving position....

His house burned down. There is almost no excuse better than that. Imagine losing everything, all your paperwork, documents, etc. OMG, he didn't forward his mail! Reasonable people would excuse this, seeing HIS HOUSE BURNED DOWN. He had a lot on his mind, like finding a place to live.

Reasonable people....

 

[tieguy]

Reasonable people would let all this go away, and re-instate LTD to his driving position....

His house burned down. There is almost no excuse better than that. Imagine losing everything, all your paperwork, documents, etc. OMG, he didn't forward his mail! Reasonable people would excuse this, seeing HIS HOUSE BURNED DOWN. He had a lot on his mind, like finding a place to live.

Reasonable people....

I think they're headed that way. Its one of those things they have to be careful with since there are legal and regulatory issues involved.

 

[pickup]

I think they're headed that way. Its one of those things they have to be careful with since there are legal and regulatory issues involved.

Is there also a question of setting a precedent? For example, let's say this happens in the future to another guy (license suspended) and he has no real excuse and is canned Can he point to living the dream and say you let him off the hook , why not me?

 

[Livin the Dream?]

Is there also a question of setting a precedent? For example, let's say this happens in the future to another guy (license suspended) and he has no real excuse and is canned Can he point to living the dream and say you let him off the hook , why not me?

I agree. This is what I thought would happen, albeit weeks ago - "You're fired for a suspended license - and here on the table is the grievance already filled out for you"

 

[Jack4343]

I mean, if someone achieves PTUCD status and then gets a moving violation/accident, do they retain their PTUCD eligibility but DQ from a FT pkg bid for a certain time period? Or do they lose all eligibility to drive (and work inside only) until a certain time period of a clean driving record has elapsed?

We had a PT Cover driver in our center have a Tier 3 accident with minor injuries involved and he was removed from cover driving for a few months and was kicked back to PT hours in the hub. We've also had PT cover drivers have accidents and remain driving. It really depends on the the severity of the accident, the parties involved and the flavor of the month at the time. All I know is that I thank God that I didn't have a wreck during my 4 years of PT Cover driving. Who wants to deal with the possibility of having to go through all of consequences involving that?

 

[stevetheupsguy]

I've been gone a whole week and this drama is still going on? Looks like they're satisfied with LTD as a preloader.

 

[pickup]

I've been gone a whole week and this drama is still going on? Looks like thye're satisfied with LTD as a preloader.

Welcome back, I thought you and dilligaf eloped.

Welcome Back Kotter

 

[UpstateNYUPSer(Ret)]

Dilli is camping.

Steve is moving.

 

[pickup]

Dilli is camping.

Steve is moving.

Oh, is that the story? Thanks for the update.

 

[Catatonic]

I've been gone a whole week and this drama is still going on? Looks like thye're satisfied with LTD as a preloader.

We did miss you and Upstate closed the gap on number of posts.

 

[stevetheupsguy]

Welcome back, I thought you and dilligaf eloped.

YouTube - Welcome Back Kotter

I had a waitress at Cracker Barrel that used to call me Kotter, LOL. I had curly hair and a moustache at the time.

Dilli is camping.

Steve is moving.

Steve has moved!