• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

possible wrongful termination-union

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

galfriday75

Junior Member
What is the name of your state?

What is the name of your state? PA

I'm writing this on behalf of my father. He lives in PA, Works in New Jersey for a major 'unionized' waste management company. He is a teamster and would have had his 30 years in this March 2006. However, his company fired him on February 28, 2006. The company claimed he had three accidents/incidents. He only remembers one written notice and he refused to sign it therefore does not have a copy of the notice if it still even exists. First incident involved not detaching a cable and was supposedly reported to the insurance company. Second incident involved a container being raised too high and scraped the overhang, leaving an indentation of plaster. He reported it as per procedure and was reprimanded for his miscalculation on the height. The building was being foreclosed on and till this day has not been repaired. The third incident involves a stop in which a person at the workpalce requested that a container be pushed further back, he complied and then went on his way. Approximately, a few days to a week later he was called into the office where upon he was shown pictures of an AC unit that was dented causing damage in which he was blamed. He was blamed b/c the stop believed that he was the last person that was near the area. He does not have a copy of the picture at all but remembers not even seeing a container in the picture and we are questioning that if it is the case then who moved the container again? Someone had to. Another incident involved sick days in which according to the collective bargaining agreement and contract they are to be paid them if they are not used. He was told by a supervisor (non-union) that he had one sick day so he took it. Upon return he was told that he didn't have one. He tried to use a personal day so he would get paid for that and he was reprimanded b/c his own contract stated that workers have to give the employers at least 3 days notice prior to taking a personal day. Talk about a cheap shot!

Anyway, after the first accident/incident, under company policy he is supposed to be 'retrained' and have someone accompany him for a week (roping program). My assumption is that this individual would help guide and observe my father over the course of a week to review any strengths or weaknesses and how to expand upon them or work on them. My father was not offered any such arrangement.

One supervisor told another supervisor that he was fired and to tell my father. This supervisor at the end of my dad's shift, told him "they're letting you go, your fired" in front of all three shop stewards. The supervisor who told my father this looked into the computer and found that the company never reported the second incident to the insurance company. Supposedly, as per the insurance company the company has to place the employee in that 're-training'(roping) program for at least a week or so. It never happened. Only one incident was inputted into the computer.

According to the contract, the employer is supposed to inform the union or business agent prior to and the agent has to meet with the company to discuss this. This never happened. My father was fired at the end of his shift @ 5-6pm. The business agent was called later that night and told not to bother coming into the workplace b/c its a done deal. My father who has decent relations with the supervisor who relayed the message-called him today. The guy was very agitated and said that he has now been blacklisted for helping my father. The only help he provided if you want to call it that was look into the computer to see what was listed. My father was calling him to get copies of the accident/incident reports that by rights he should have already received. Also, any notices are supposed to be given to the union as well though they are not in possession of them. My father visited the union today and the guy said "don't worry, we'll fight for your job", and that was that. The day he got fired while he was still there-he did file a grievance about the second incident and gave it to the shop steward.

He supposedly has ten days from the occurance to file a grienvance if he is going to. My father's way of showing that he dissapproves or disagrees with a statement or action is not to sign it-he refuses. What he fails to see is that just b/c he doesn't sign it-doesn't make invalid either.

I know my father-and I'm trying to be as unbiased as I can and to a fault since both my parents think I am on the company's side. I'm not-currently I'm not picking sides. All I can say is that something doesn't feel right and something isn't adding up. He's too convinced that the union will handle this and I'm too liberal in that I know you shouldn't put all your proverbial eggs in one basket.

That said, I am scared to death for both of them. He supposedly is entitled to his full pension as per the union business agent who I don't really trust. ALthough most of the research I've done to date states otherwise. It's usually contingent on how long you worked there.

I'm not exactly sure how to proceed. Without money (they did apply for unemployment) they can't survive nor can they affor an attorney. I know the union will provide them with one-but I'm not sure if they will really fight for him. Any help or advise or direction anyone can give-please do so. My father is a proud man and is embarassed that this has happend and his kids are fighting for him. We love this man through all his faults but we do know in our hearts and in our heads that this isn't adding up at all.

Thank you,

Jen
 


gawm

Senior Member
Is there a question in there? Let me save you the time of writing another long and drawn out post. Let the union do their job. It might take awhile so he probably should look for work until this is settled. If he is unhappy with the results the union comes up with he can call the NRLB to look into it. I know being unemployed can be very stressful but other than the above there is nothing he can do right now. Good luck!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top