What is the name of your state? TX
Ok this is somewhat complcated, but here goes.
I work for the city of El Paso as a bus mechanic, we are covered by civil service rules.
I sold a fellow employee an a adult video. (girls gone wild) In the parking lot before punching in.( I am told the parking lot is public domain) I told the guy to put it in his truck, instead he puts it in his luch box. Later that day it falls out of his lunch box, or he shows it to another coworker, there are 2 versions of that. The coworker who saw it for a couple of seconds says it was offisive,and told him to get rid of it, he brought it up to his supervisor. I was not aware that he had complained at that time. A week later I'm called into the maintence directors office to write a statement, which as stupid as it was, I did. Later they made me write another statement to clearify what kind of movie it was, which stupidly I did.
One week before Thanksgiven I was called into the directors office to be informed of a Pre Termination hearing for 1" Being wantonly offisive in conduct or language" 2 For selling on city property on city time for personal gain". To tell the truth I was stuned! I went to see a union rep (non bargining union) Since I swold it to someone who wanted it I could not see the offinsive part. Maybe he was offisive,(he is being charge with sexual discrination, or sexual harsment) but how could I be offisive when he wanted it? So when we went to the pre termination hearing we fought the selling part. We brought up people selling food at work, selling cars in the parking lot, avon, Jewlery supervisors buing these items and not saying in was wrong etc. We also brought up ware was the dvd,how come the never ask for it was on persons word against anoers, no witness]s at all. How could it be offisive e.t.c. The feeling is they want to get the other guy and to get him they need me too. Anyway after the head director heard the aguments in the case and took a break, maybe to talk to legal, he came back and said "you are terminated I sure you did it." Did what sell a dvd in the parking lot? I did that but I don't, and still don't belive I did anything wrong. I will NEVER EVER SELL ANYTHING AT WORK AGAIN! They gave me some paper work to sign. When I got home and checked the paperwork, get this, They had CHANGED the Charges. The hadn't said anything. Now the charges are still for being wantonly offisive in action and language, but also for" Inducing another to commit an unlawfull act". So what act was unlawfull? My question is Now we are on appeal but to get a hearing officer will be 3 to 4 months. Do you think I will be termnaterd, given a leaser punshiment or the whole thing thrown out. Just to let you know before this in 8 years only 3 terminations, 2 for drugs one supervisor for hitting workers in our shop. We had a supervisor who had came to work, punch in assign the work, then get in a city vehicle and go home 3 differnt times, leving the workers unsupervised, and for working on his pov in the shop while on the clock. He only got a 3 day suspension. I have no write ups late or work perfomance. I did get a suspension for yeling at a coworker 5 years ago.
Should I wait for the hearing or go work somewhere elese. I have about a 1 1/2 years to go, to get an early retiremnet about $400.00 a month for life.
Please advise thanks! Sorry so long!
Robert Opdyke.
Ok this is somewhat complcated, but here goes.
I work for the city of El Paso as a bus mechanic, we are covered by civil service rules.
I sold a fellow employee an a adult video. (girls gone wild) In the parking lot before punching in.( I am told the parking lot is public domain) I told the guy to put it in his truck, instead he puts it in his luch box. Later that day it falls out of his lunch box, or he shows it to another coworker, there are 2 versions of that. The coworker who saw it for a couple of seconds says it was offisive,and told him to get rid of it, he brought it up to his supervisor. I was not aware that he had complained at that time. A week later I'm called into the maintence directors office to write a statement, which as stupid as it was, I did. Later they made me write another statement to clearify what kind of movie it was, which stupidly I did.
One week before Thanksgiven I was called into the directors office to be informed of a Pre Termination hearing for 1" Being wantonly offisive in conduct or language" 2 For selling on city property on city time for personal gain". To tell the truth I was stuned! I went to see a union rep (non bargining union) Since I swold it to someone who wanted it I could not see the offinsive part. Maybe he was offisive,(he is being charge with sexual discrination, or sexual harsment) but how could I be offisive when he wanted it? So when we went to the pre termination hearing we fought the selling part. We brought up people selling food at work, selling cars in the parking lot, avon, Jewlery supervisors buing these items and not saying in was wrong etc. We also brought up ware was the dvd,how come the never ask for it was on persons word against anoers, no witness]s at all. How could it be offisive e.t.c. The feeling is they want to get the other guy and to get him they need me too. Anyway after the head director heard the aguments in the case and took a break, maybe to talk to legal, he came back and said "you are terminated I sure you did it." Did what sell a dvd in the parking lot? I did that but I don't, and still don't belive I did anything wrong. I will NEVER EVER SELL ANYTHING AT WORK AGAIN! They gave me some paper work to sign. When I got home and checked the paperwork, get this, They had CHANGED the Charges. The hadn't said anything. Now the charges are still for being wantonly offisive in action and language, but also for" Inducing another to commit an unlawfull act". So what act was unlawfull? My question is Now we are on appeal but to get a hearing officer will be 3 to 4 months. Do you think I will be termnaterd, given a leaser punshiment or the whole thing thrown out. Just to let you know before this in 8 years only 3 terminations, 2 for drugs one supervisor for hitting workers in our shop. We had a supervisor who had came to work, punch in assign the work, then get in a city vehicle and go home 3 differnt times, leving the workers unsupervised, and for working on his pov in the shop while on the clock. He only got a 3 day suspension. I have no write ups late or work perfomance. I did get a suspension for yeling at a coworker 5 years ago.
Should I wait for the hearing or go work somewhere elese. I have about a 1 1/2 years to go, to get an early retiremnet about $400.00 a month for life.
Please advise thanks! Sorry so long!
Robert Opdyke.
