just interested
Well-Known Member
While on the way into work, last October, in my personal car, a woman wrecked into me, trying to cut a left turn and beat me into her school's driveway entrance. It was nearly head on, she was traveling approximately 45 mph and I was going somewhere around 20 mph. I received a concussion along with various soft tissue injuries, whiplash, etc. and have been out of work ever since. I've been re-habbing 3x per week, working hard to get back into enough physical shape to meet the demands of the package delivery driver that I was - actually I was a "reg-temp" out of the Atlantic Supplement.
At first, I was listed on the driver's sheet as a "disability" status, although I had not worked long enough to earn any UPS benefits. At some point, I don't know when, the driver's sheet was changed to state that I was on "personal leave".
During this time, I was in immediate and regular communications both with HR and my center manager. I followed their advice and did what I was asked to do by them. I am considered a permanent part-time employee, having attained seniority as well as having qualified as a driver passing the 30 day training period. I was even informed that the Reg-Temp Bid Sheet went up and I went into the office and signed it.
Today - 7 months into rehab, I received a phone call from HR saying we've "run out of time" and that they are going to terminate me. Just a few weeks ago, I was told he was counting on me as one of the upcoming "reg-temp drivers" to begin the season June 1.
Originally, back in October, when faced with this situation I spoke with my steward immediately; I was told by him that I couldn't be fired and that all I needed to do was maintain communication with HR and the center manager, providing them the doctors notes. I've continually done that and have many email communications to show this.
The reason(s) I was given today for the termination were:
1) that since I never worked long enough to earn disability benefits, any other employee in my situation would be fired because there is only 6 months worth of disability. This doesn't make sense, especially since I am now nearing the end of the 7th month of rehab, and just provided them with a prescription showing that I was scheduled "finally" for a "Functional Capacity Evaluation" (FCE) in mid-July, to see if I'm capable of performing the UPS job beginning August 1st.
2) that I can't perform the job today (duh, I'm the victim of a traumatic car accident).
Now, they and I both know there are no guarantees that I will pass the FCE, but nonetheless, eventually I will. No doctor has indicated otherwise. My hope is that I will pass this July, but with them threatening termination, I am at a loss. From what I am reading in the Teamster agreement, I have not violated anything; have given them no cause to fire me; I was a hard-working, well-respected employee who was taken out instantaneously by a negligent driver - I AM A VICTIM, and it seems as though I am being "revictimized" by the call telling me "time's up - turn in your uniforms." No warning letter, no nothing.
Also, I asked if I would be receiving a termination notice in writing. He said no. I find that strange as well, especially for a company as large as UPS. Is it not required that I be given some kind of written notification, in addition to his phone call. Isn't this called for within our teamster agreement somewhere?
Can anyone shed some light for me what recourse, if any, I might have? From my point of view, I am hurting no one by remaining on their books as an employee on leave, waiting for my health to be restored and they've invested alot in me by the Integrad training, etc. One of the shop stewards said that the very fact I am on the books might prevent them from hiring someone else. Can that possibly be true? That doesn't make sense, either.
Lastly, if they "fire" me, even though they're telling me that I am welcome and encouraged to reapply when that day comes, when I am ready and capable to perform the tasks at hand, is it even realistic that I would be hired again?
And what "effect" will it have on me to "start over?" What will I be losing?
Thanks for your input and suggestions.
At first, I was listed on the driver's sheet as a "disability" status, although I had not worked long enough to earn any UPS benefits. At some point, I don't know when, the driver's sheet was changed to state that I was on "personal leave".
During this time, I was in immediate and regular communications both with HR and my center manager. I followed their advice and did what I was asked to do by them. I am considered a permanent part-time employee, having attained seniority as well as having qualified as a driver passing the 30 day training period. I was even informed that the Reg-Temp Bid Sheet went up and I went into the office and signed it.
Today - 7 months into rehab, I received a phone call from HR saying we've "run out of time" and that they are going to terminate me. Just a few weeks ago, I was told he was counting on me as one of the upcoming "reg-temp drivers" to begin the season June 1.
Originally, back in October, when faced with this situation I spoke with my steward immediately; I was told by him that I couldn't be fired and that all I needed to do was maintain communication with HR and the center manager, providing them the doctors notes. I've continually done that and have many email communications to show this.
The reason(s) I was given today for the termination were:
1) that since I never worked long enough to earn disability benefits, any other employee in my situation would be fired because there is only 6 months worth of disability. This doesn't make sense, especially since I am now nearing the end of the 7th month of rehab, and just provided them with a prescription showing that I was scheduled "finally" for a "Functional Capacity Evaluation" (FCE) in mid-July, to see if I'm capable of performing the UPS job beginning August 1st.
2) that I can't perform the job today (duh, I'm the victim of a traumatic car accident).
Now, they and I both know there are no guarantees that I will pass the FCE, but nonetheless, eventually I will. No doctor has indicated otherwise. My hope is that I will pass this July, but with them threatening termination, I am at a loss. From what I am reading in the Teamster agreement, I have not violated anything; have given them no cause to fire me; I was a hard-working, well-respected employee who was taken out instantaneously by a negligent driver - I AM A VICTIM, and it seems as though I am being "revictimized" by the call telling me "time's up - turn in your uniforms." No warning letter, no nothing.
Also, I asked if I would be receiving a termination notice in writing. He said no. I find that strange as well, especially for a company as large as UPS. Is it not required that I be given some kind of written notification, in addition to his phone call. Isn't this called for within our teamster agreement somewhere?
Can anyone shed some light for me what recourse, if any, I might have? From my point of view, I am hurting no one by remaining on their books as an employee on leave, waiting for my health to be restored and they've invested alot in me by the Integrad training, etc. One of the shop stewards said that the very fact I am on the books might prevent them from hiring someone else. Can that possibly be true? That doesn't make sense, either.
Lastly, if they "fire" me, even though they're telling me that I am welcome and encouraged to reapply when that day comes, when I am ready and capable to perform the tasks at hand, is it even realistic that I would be hired again?
And what "effect" will it have on me to "start over?" What will I be losing?
Thanks for your input and suggestions.
