Can I fight this?

[Sinamenone]

What is the name of your state (only U.S. law)? PA
I've been out on disability since October 20. I went to my physician just this past Friday who discharged me & I planned to return this Tuesday. I phoned my job to let them know I'll return on Tuesday. My supervisor told me I was dropped from the roll, because I ignored their certified letter to see their doctor, this past Thursday & now I have to contact my union rep. They said someone in my family signed for it, but no one recalls signing & I never received it. I called my rep who spoke to my manager & his boss. They told my rep that I missed over 200 days in 4 years & they don't want me back.
First, if I do find out someone in my family signed for the letter, but I didn't receive it, does that matter? Second, can I fight this, because I made my own appointment to see their physician tomorrow & I didn't know I was going to get a letter in the mail.

 

[cbg]

If you've been off since October 20, you've exceeded the length of time the law requires them to hold your job and they can legally let you go. Whether your CBA requires them to hold it longer is something we can't know since we have not read it. Your union rep will be able to respond to that.

Likewise, whether anyone did or did not sign for the letter is legally meaningless since you've been off longer than the law guarantees you; we have no way of knowing whether your CBA offers additional protections.

 

[Sinamenone]

Thanks for your reply.
I didn't know I was getting a certified letter in the mail. I already made my own appointment to their doctor, tomorrow, because that's what HR told me to do. I made this appointment weeks ago. Missing the doctor by 2 days seems ridiculous to me.

 

[cbg]

That may be. But all the law cares about is legal, not fair and not logical.

Of course, as I said, it's possible that your contract provides additional protections over and above the law. But that's something only your union rep can tell you.

 

[OHRoadwarrior]

Talk to your BA asap. Sounds like you need to grieve this ASAP. Delaying the filiing of related grievances can invalidate contractual protections that are probably in place. Expect a 6 month hearing process though.