Management Retirement Denied

[UpstateNYUPSer(Ret)]

If this was my building I would print that article out and secretly leave copies around the entire building.

With the end goal of.....?

 

[Orion inc.]

Now it's time for the civil suit against UPS.

Based on what? From what I read the advice given was within the guidelines of applicable law and the member in question was of sound mind and body when he made the decision.

It would be nice if the company said "close enough" and "did the right thing" but how long would companies stay in business if the continually chose to "do the right thing".

The PR would probably worth settling something. I can't imagine there is much wiggle room in the contract he signed for a civil suit. Perhaps the "threat" of a suit will compel ups to just settle for sizable sum for that family.

Hopefully that's the strategy and this family can walk away with something. 37 years in and this is how it ends for him?

It's terrible all around.

 

[Bottom rung]

This is why people block this user, you're a user, not a person. To be a person, you have to be human. You don't qualify. You and your cold soul.

 

[Bottom rung]

With the end goal of.....?

This is why people block this user, you're a user, not a person. To be a person, you have to be human. You don't qualify. You and your cold soul.

 

[UpstateNYUPSer(Ret)]

I have the ability to remove emotion from the equation.

 

[clean hairy]

His big mistake was by not informing the retirement person he was terminally ill.
Had he done so, the retirement person could have offered him the option to move his retirement date to an earlier point in time, there would not be an issue of any type to deal with.
It is sad, could be a lesson to all of us, when we are ready to retire, get out ASAP as we never know what the future may hold.

 

[joeboodog]

I think all of us that are close to retirement should learn from this cautionary tale. Make sure our loved ones are taken care of in case of an untimely demise.

 

[ManInBrown]

You know what. It's terrible what they did to this family, but unfortunately that's how corporate America operates. It's sad but it's the truth. UPS is running a business. There are rules regarding these sorts of things. If they made an exception here, it sets a precedent for all future situations of this nature. There just aren't going to do it. I'm sure UPS isn't the first company that did something like this, and they won't be the last.

 

[Bottom rung]

I have the ability to remove emotion from the equation.

That only proves my point. Hearts and minds. If the company were to stand behind employees and their families, morale, public perception, and our reputation would improve. Happy workers are hard workers. Oh, and lets not forget the company would look good to the public. I'd rather see them help this employees family than give money to the United Way.

 

[scooby0048]

The PR would probably worth settling something. I can't imagine there is much wiggle room in the contract he signed for a civil suit. Perhaps the "threat" of a suit will compel ups to just settle for sizable sum for that family.

Hopefully that's the strategy and this family can walk away with something. 37 years in and this is how it ends for him?

It's terrible all around.

I don't see the outcome being favorable in a civil suit. I might be wrong since you only need 51% of the jury to agree rather than 100% as in a criminal trial. The jurors could be quite empathetic to the family's plight but it wouldn't surprise me if the company carried this out for years with appeals and ruining the family financially.

The only thing that I can see (hopefully), positive coming out of this is with enough negative publicity and public outcry, the company might offer an olive branch and reach out to the family with some paltry offer just to shut the family up.

 

[trickpony1]

I have the ability to remove emotion from the equation.

....but can you remove the common denominator from the equation?

Ponder that.

 

[hondo]

Now it's time for the civil suit against UPS.

Am I not reading the article (link in post #1) correctly? I thought it said this was the ruling on an appeal, which affirmed the lower court's ruling on the civil suit?

 

[UpstateNYUPSer(Ret)]

Am I not reading the article (link in post #1) correctly? I thought it said this was the ruling on an appeal, which affirmed the lower court's ruling on the civil suit?

Good catch----it was the First Circuit Court of Appeals.

 

[scooby0048]

Am I not reading the article (link in post #1) correctly? I thought it said this was the ruling on an appeal, which affirmed the lower court's ruling on the civil suit?

Good catch----it was the First Circuit Court of Appeals.

That was a a good catch. Read it three times and still wasn't seeing it clearly. Sometimes extra eyes are better.

 

[MC4YOU2]

Despite the rules being followed to the letter, and the law tying the judges hands, UPS could have (and still can) do the right thing without caving in on all future cases. The ball is in their court. They stand to lose nothing financially, since at 37 years, this employee obviously met his contributory requirements.

We had a very similar case in my local, where a driver died just short of his entitlement date. His family was turned down for benefits by the trustees initially, but the local met with the board and was able to get his full package approved. The difference was, there was a union on his side.

It can be done.

 

[barnyard]

Hopefully, this is something that other managers are seeing that may also have a similar crappy diagnosis.

 

[UpstateNYUPSer(Ret)]

Unfortunately, with HIPPA, HR reps are severely limited in what they are allowed to ask.

 

[olroadbeech]

Here is where the power of the Brown Cafe can come into play for doing good. . If we can get everyone to post links to this story on Facebook, Reddit, Twitter , Digg , and other social and news sites, maybe , just maybe it will put more pressure on the company to do the ethical thing.

maybe. it's worth a try to help us this family.

 

[scooby0048]

Unfortunately, with HIPPA, HR reps are severely limited in what they are allowed to ask.

True but they don't have to ask. While going over the options, there could be verbiage along the lines of this...

Option A is blah blah blah over the course of X years
Option B is blah blah blah if there is terminal illness or preexisting conditions
Option C is blah blah blah for a lump sum payout

Now clearly we don't know the terms but it's obvious if option b had been put on the table, the decedent might have been better informed of his choices. I have to imagine that such language was not discussed or available to the decedent.

 

[clean hairy]

Unfortunately, with HIPPA, HR reps are severely limited in what they are allowed to ask.

Very true.
Although, there was nothing preventing him from informing the Retirement folks as to what his health situation was to get better insight into his options to get retired so his Family was taken care of.
Have an Estate Attorney check over everything before dotting the i's and crossing the t's to make sure everything is understood in advance.
Had this been done, he might very well have taken all time off owed as payout and had his retirement date in Jan.
This has been a very eye opening experience hopefully all of us will remember.