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

[dannyboy]

I do have to ask did you fill out your yearly DMV form for UPS before or after 1/21/089? I ask this because if you filled it out after and did not disclose this suspension then you might have a little problem.

Red, if what he has posted is true, then he did not have knowledge of the suspension, or if it was after, the suspension was lifted. It is an administrative issue, not something that would normally cause the issues that UPS would be interested in.

So unless he has acted toward management like he has to some here, or there are other issues he has not posted about, he should be fine as long as he can document. UPS would have to prove he lied, which they might have a hard time doing.

d

 

[705red]

Red, if what he has posted is true, then he did not have knowledge of the suspension, or if it was after, the suspension was lifted. It is an administrative issue, not something that would normally cause the issues that UPS would be interested in.

So unless he has acted toward management like he has to some here, or there are other issues he has not posted about, he should be fine as long as he can document. UPS would have to prove he lied, which they might have a hard time doing.

d

Danny if he was aware of the suspension even though it was lifted and did not disclose it, it could be a problem. Thats why its important to know if he filled it out before or after he was aware.

 

[stevetheupsguy]

Court placed bench warrant & suspended license for no-show. PS - Somebody tell Steve & Dave I don't see their posts

A bench warrant for a non-moving violation?
You don't see our posts, on purpose? I thought you were more open minded than that, my friend.

 

[UpstateNYUPSer(Ret)]

U Can't C Me

 

[tieguy]

Your timeline and information should be fine. Its odd you would have recieved a suspension and warrant for a non-moving violation.

Obviously you would not have driven on a suspended license if you knew about it. Of course I'm sure we have had someone somewhere stupid enough to do so.

Anyone out there deal with a case of this type before? I know there is legal language requiring a CDL operator to notify his employer immediately upon conviction but is there language that requires a non-cdl to do the same.

 

[ups1990]

This is an occassion where, if the driver is in good standing with the management team, they could make this disappear. If they do indeed fire you for cause, my guess is, you will win your job back during panel. The question is, how long will this drag on?

 

[stevetheupsguy]

This is an occassion where, if the driver is in good standing with the management team, they could make this disappear. If they do indeed fire you for cause, my guess is, you will win your job back during panel. The question is, how long will this drag on?

And we all know what a driver in "good standing" with the mgmt team means, don't we?

 

[dannyboy]

Originally Posted by Livin the Dream?
Court placed bench warrant & suspended license for no-show. PS - Somebody tell Steve & Dave I don't see their posts

Stug, just being the childish person he has always been.
d

 

[Livin the Dream?]

LTD, are you working now? Driving or non driving? Has the company removed you from service pending their decision?

Non-driving position pending this week's meeting.

If you have all your paperwork in order as you say that you do, you will be fine. You had no knowledge of the suspension still being in effect after 1/21/09.

I do have to ask did you fill out your yearly DMV form for UPS before or after 1/21/089? I ask this because if you filled it out after and did not disclose this suspension then you might have a little problem.

That is an excellent question - one they asked me when they were questioning me. Why they did not know the answer themselves, I do not know. I DO know for a fact that I filled one out in the beginning of the year, but I don't know the date. I do know that I never lied or misled on any forms I ever filled out, because I would hate being paranoid about being caught, so I assume it was before the 21st of January.

Thanks for helping, Red

 

[1989]

The fact that you had your license and they didn't hole punch it shows that you wern't informed in person. (By the DMV or an officer) Which shows credit to your story.

 

[dannyboy]

That is an excellent question - one they asked me when they were questioning me. Why they did not know the answer themselves, I do not know.

They knew the answer, they were wanting to see if you would lie about it. That way, your response would have been dishonest, and you would have been gone.

Its a game they like to play.

Had a sup ask me "do you have anything to tell us"? I started with my back which was sore. By the time I got to my neck, they actually asked a question that addressed the point of the meeting.

If they want to play stupid, play along.

But you did well not to lie. which gets you gone fast.

d

 

[wisedragonfly]

Some here I'm sure will be happy to hear of this. No need to comment.

I was called into the office Thursday by my center manager, LP, another manager & a Union rep. I was asked if there was anything I wanted to tell them.

As I have never stolen, cheated, or broken the rules at UPS that I know of, I said no. They asked me how my drivers license is, and I replied it is perfect, no moving violations in 10 years.

They then advised me that, while doing an audit, my license was found to be suspended since February. They also advised that they had information that I had a warrant out for my arrest over it. I advised them truthfully that this was news to me.

They showed me two citations (non-moving violations, failure to inspect vehicle) that were tied to this suspension/warrant for arrest. Interestingly, both citations were marked "paid".

I was asked to sign a full release for them to investigate my license (I complied) and told them I would investigate & advise as well.

On Friday I called the office that issued the citations. They confirmed that they were paid, there is no warrant, and they provided receipts & a letter to UPS stating same. They advised me UPS had already called them. They advised that the tickets were paid on January 21st, 2009, and that PennDot was sent a letter stating all was clear on February 4th. They suggested I call PennDot.

On calling PennDot, I was advised that due to the time elapsed between payment & notification to PennDot, a $25 license restoration fee was due. PennDot advised that a letter was sent to me, but was returned to PennDot (As stated in a previous post, my home burned down - I was being put up in a hotel by the Red Cross at the time and I DID NOT receive this request for $25 restoration fee, nor did I get any other mail)

I went to PennDot, paid $25, and all is fixed. I have a hearing this coming week, and I believe I'm going to lose - the bottom line is, I was driving for UPS while suspended. But there was no intent, No malace, no gross negligence on my part. I HAD NO IDEA MY LICENSE WAS SUSPENDED!

I don't like my job, but I would much prefer to keep it. Do I have any chance? Any suggestions?

Hang in there LTD. Don't give up the fight on this one. It sounds like you have documentation to prove what happened. As long as you have completed everything to make the corrections needed, IMO, you should be OK.

 

[JonFrum]

your question has an air of suspicion around it. Its normal procedure to bring a steward in and tell him who we are talking to and why. In this case they probably would not let the steward talk to the driver first and give him a chance to come up with a story.

Tie, management has no right to "not let the steward talk to the driver first". It's up to the steward how the steward chooses to represent the driver. And he is supppose to be representing, not participating in an ambush.

It's un-American to be on trial without first knowing the charges against you. Especially when your representative appears to be sitting as one of the judges, and not acting as your defender.

For a steward to allow the fishing expedition question: "Is there anything you want to tell us?" is outrageous because an innocent driver might start revealing all sorts of minor things that are not the subject of the inquisition, but now become incriminating. Then there are the innocent people who unfortunately look guilty or act guilty or just make poor witnesses because they are caught off guard and don't have the facts at the ready.

I can only hope the steward "allowed" himself to be minipulated by management so that LTD could later claim "lack of propper representation" in the unlikely event that he gets fired and then tries to get his job back.

 

[cachsux]

I had something similar happen to me in 91 while in pkg. I received a 10 over speeding ticket,in a rental car,while on vacation in NC. The sheriffs officer gave me the ticket and informed me if I wanted I could take care of it just up the road at the county office. I stopped in,gave the girl the ticket and paid cash for the fine. She gave me back my copy and a receipt.
Fast forward to Jan of 92 as I come in from running a route the sup tells me to return a call from my wife. She tells me a letter arrived from the state of IL stating my license is suspended for failure to pay said ticket in NC. I brought this to the attention of the sup and my center manager and explained that this was a mistake as the ticket had been paid. They told me I could not drive until the matter was straightened out,there was no threat of discipline rather they attempted to help solve the problem.
I went home and my wife had the ticket and receipt and had already been in touch with the Sec of States office in IL. The next day I was in touch with one of the asst states attorneys and faxed copy's of my paperwork to her and she said she would get in touch with the states attorney in NC. Less than 15 min later I received a call from the NC states attorneys office telling me that I would be getting a fax from them with two photos on it and to let them know if they were the officer and clerk I had dealt with,they were. Turns out this deputy and his girl were running a little racket in which they would pull over obvious out of state persons,give them a ticket,and anyone who would show up at the county office and paid cash would have their money pocketed. Where they got caught was the girl had mistakenly left an envelope of tickets at her desk and a coworker thinking she was doing a favor turned them in. As they went through the system all of a sudden the state of NC sees this group of people not paying tickets and as they investigate they are all out of this same ticket book.
Anyway the state of NC faxes IL paperwork saying I`m clear,IL restores my license and I got to have three days off.

I don`t know if LTD contacting his states attorney would help,if he hasn`t already,but thats one direction I would try.

 

[dannyboy]

For a steward to allow the fishing expedition question: "Is there anything you want to tell us?" is outrageous

Jon

As a steward, I have been called into the office without any prior knowledge of what was to be discussed. I always told the member not to say anything unless I knew what was to be discussed.

If they wanted an answer from the driver, they would have to give us a minute or two outside the office to discuss what was going on.

The fishing expedition is in violation of the contract. They know that.

d

 

[tieguy]

Tie, management has no right to "not let the steward talk to the driver first". It's up to the steward how the steward chooses to represent the driver. And he is supppose to be representing, not participating in an ambush.

It's un-American to be on trial without first knowing the charges against you. Especially when your representative appears to be sitting as one of the judges, and not acting as your defender.

For a steward to allow the fishing expedition question: "Is there anything you want to tell us?" is outrageous because an innocent driver might start revealing all sorts of minor things that are not the subject of the inquisition, but now become incriminating. Then there are the innocent people who unfortunately look guilty or act guilty or just make poor witnesses because they are caught off guard and don't have the facts at the ready.

I can only hope the steward "allowed" himself to be minipulated by management so that LTD could later claim "lack of propper representation" in the unlikely event that he gets fired and then tries to get his job back.

All that sounds great but the company has to have the steward present but does not have to inform the steward prior to the conversation nor allow a private conference prior to the conversation. In this case it sounds like the steward was also surprised.

 

[LED]

We had a guy who drove for 6 months while his DOT medical card had expired. UPS had somehow lost his paperwork to get it renewed.

He is on the radar, but did not get fired. He is still driving today, with a renewed DOT medical card of course.

 

[UpstateNYUPSer(Ret)]

We had a guy who drove for 6 months while his DOT medical card had expired. UPS had somehow lost his paperwork to get it renewed.

He is on the radar, but did not get fired. He is still driving today, with a renewed DOT medical card of course.

The fault there falls squarely on the center team. The fault for a suspended and/or revoked license falls squarely on the employee. Both can be huge liability issues for the company should anything happen.

There is no excuse for an expired DOT card, lost paperwork or not.

The only question in LTD's situation is whether he completed the annual driver certification form accurately.

 

[jimmythetech]

If they told you that your license was no good why did they let you on road that day? Sounds like they screwed up.

 

[UpstateNYUPSer(Ret)]

If they told you that your license was no good why did they let you on road that day? Sounds like they screwed up.

Please do yourself and us a favor--read the whole thread before posting.
Thank you.