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FMLA or Constuctive Dismissal

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artisst

Junior Member
What is the name of your state (only U.S. law)? VA

I was fired from UPS 02/19/09 while on medical leave because I was told to get a physical. UPS has past records that I was injured in 2006 and returned in 2007 with 2 doctor approvals plus 2 DOT physicals in 2008.

I have constantly filed grievances for wage decreases, garnishments and other issues. I have been fired (reduced to suspensions) 8 times - at one point told "this time we'll make it stick. It's a lock" in the presence of a shop steward, and when I returned in 11/09, I was fired 4 times in 3 weeks (reversed) and not told.

I filed 3 grievances regarding my being forced me to take another physical within a year since I had not incurred an injury (3 shop steward witnesses). About a week later I received a letter stating I was dismissed because I abandoned my job.

I faxed documentation to VEC for the hearing, and stated UPS continually subjects me to unwarranted dismissals.

I won the original decision and appeal with VEC regarding my wrongful dismissal to receive unemployment benefits.

The union has been unresponsive to my financial grievances in the past - just getting my job back.

At this juncture I am not interested in reinstatement. The union has been unresponsive to my messages both on cell and at Union Hall for almost a year.

Thank You
 


ecmst12

Senior Member
Thanks for sharing. I wonder why you haven't found a job elsewhere in the past 4 years. Your only recourse would be that provided by the union.
 

Beth3

Senior Member
At this juncture I am not interested in reinstatement. Then I guess you need to start looking for another job.
 

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