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Thread: Termination

  1. #11
    Tui
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    Default Re: Termination

    I don’t really have any updates as of yet.

    My rep told me last Tuesday that he should have something for me and he’d give me a call that week. I never got a call.

    I just spoke to him on the phone a few minutes ago and he claims it’s been a couple weeks since he’s talked to the lawyer and that the lawyer wanted to setup some over the phone interview/consultation. He just told me he was going to reach out to the lawyer now and give me a call back.

    In my eyes I feel this guy is clearly not motivated to help me.

  2. #12
    Scab Hating Union Thug

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    Default Re: Termination

    Quote Originally Posted by Tui View Post
    I donít really have any updates as of yet.

    My rep told me last Tuesday that he should have something for me and heíd give me a call that week. I never got a call.

    I just spoke to him on the phone a few minutes ago and he claims itís been a couple weeks since heís talked to the lawyer and that the lawyer wanted to setup some over the phone interview/consultation. He just told me he was going to reach out to the lawyer now and give me a call back.

    In my eyes I feel this guy is clearly not motivated to help me.
    Now's the time to head to your local and meet with your business agent.

    Sent from my SM-J327T using Tapatalk

  3. #13
    Tui
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    Default Re: Termination

    I’ve reached out to him to see if we could meet. Waiting on a response.

    I last spoke to him two days ago where he stated he was going to reach out to the lawyer and give me a call back. Haven’t even receive a call back from that.

    I live about 40 miles away from my local so I’m not just going to head up there. I’ll await to see if he responds by end of today. If not I’ll call one of the presidents at my local to see if I could possibly meet with them. I’m a fairly patient man, but when I feel like I’m being played or stalled is when my patients wears thin.

    I’m certain I could request someone else take on my case but I’m unaware if they are obligated to do so just because I request it.

    I’ve spoken to my shop stewards over the phone recently and they said they don’t understand why the rep needs to get the attorney involved at all with this. This seems to be typical move by this rep, a step 2 hearing is had, the company still decides to keep with the termination and then he throws it all at the lawyer after that. I’ve seen it with many other people that have been fired and I’d ask this rep whenever I seen him at work. He would give the same responses he’d give me back then when it was someone else in the hot seat.

    I’ve worked for this company long enough to see dozens of people be terminated for much worse situations and some being terminated more than once as if they have 9 lives and none seem to have sat out this long before. I’ve seen someone get fired for stealing company time on a Friday and returned back to work on a Monday.

    I know it’s a possibility the company is being difficult to work with and even the best union rep could talk until their face is blue trying to negotiate someone being able to return to work but I don’t believe this guy is even trying. From what I hear the shop stewards haven’t even seen this guy in a while at the job site.
    Last edited by Tui; 02-20-2020 at 02:51 PM.

  4. #14
    Steward

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    Default Re: Termination

    I also hope you are keeping good records for yourself. Times and dates and whom you spoke with and notes of what were said. Good luck and unfortunately sometimes these take time but I get a feeling youíre getting the run around.

  5. #15
    Tui
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    Default Re: Termination

    Oh I definitely have all dates, times, saved call logs, who I spoke with and what was said.

    So a few days ago I sent a text to my rep, I wanted to know if he had or if he could get me a copy of this written statement the supervisor wrote.

    I never got a response from him

    The following day I asked if we could meet to discuss my grievance. I didnít get a response, then this morning he sends me a text asking if I had time to talk.

    He calls me and mentions my texts about requesting the supervisors written statement and about meeting with him. He says that it sounds like Iím ready to lawyer up myself.

    I call him out on how heís been telling me for months we would get with the attorney. He mentions these things can take 6-9 months sometimes. I let it be known that I need to know where I stand with this case, because if you have no tactics of working something out with management and you want to leave it all on the table for the attorney to handle then I need to hear from him or her that I either stand a chance here or not. Other wise I need not to waste my time here or have to be bugging you constantly.
    Last edited by Tui; 02-21-2020 at 12:31 PM.

  6. #16
    Getting In The Groove Now.

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    Default Re: Termination

    It's definitely been too long and you are running out of time to take action. You need to light a fire under their :\:\:\ with a trip to the labor board and an unfair labor practice filing for failure to represent.

  7. #17
    Tui
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    Default Re: Termination

    So an update for this

    I had a meet with my rep at the local on 2/25. He provided me with a copy of the supervisors statement. This statement was the same written statement I seen during my step 2 meeting I had back in December. It’s an email the supervisor had typed, has his name at the bottom typed but no signature signed. So to me anyone could have written this.

    Now back during my step 2 meeting from December, management kept insinuating that I cursed and used many vulgar words towards the supervisor which didn’t happen and even the supervisor statement confirms that.

    After the step 2 I was informed I would receive their final decision in about 2 weeks. Once the decision came back that the termination still stands my rep kept mentioning about cursing at the supervisor like that was their reasoning for not giving me my job back.

    Now coming back to the meet with my rep on 2/25, he called up the lawyer for my case and we spoke with him over speaker phone. I asked him about the claims they are making about cursing at the supervisor. He stated that he’s more trying to figure out if there’s actually insubordination here like stated in my official termination letter. And he goes on about how he’s still in the review process of my case and that he couldn’t give a exact time frame of when that would be completed.

    Weeks go by and I don’t hear a peep from anyone, and I get come certified mail yesterday. It’s a written letter from the lawyer that I spoke with on 2/25, but this letter was emailed to my rep on 2/21 based on the date I see on the first page. So they knew about this and mentioned none of it when I spoke to them on 2/25. The letter states that the union would not have success if they pursue arbitration for my case. He goes on about how it’s unclear if I used the proper procedures for leaving with my intermittent FMLA leave. Not sure, what I’m unsure of is how it’s unclear because in my statement and in the supervisors it’s clearly stated I filled out all the proper procedure of filling out the correct paperwork to leave, clocked out and provided the paperwork to the supervisor as they request you to do. That there is the companies proper procedure.

    He also states that I failed to properly inform the supervisor I was having a medical situation. Find this funny because I don’t have to inform anyone at work what kind of medical situation I’m having when using FMLA. When I applied for my FMLA they don’t even know the medical reason, all they know is that the doctor signed off on it. Medical reasoning is between me and my doctor.

    The attorney goes on to say that even if FMLA excused me from completing the task that the supervisor wanted me to do, that my disrespect and insolent statements is justifiable means for termination for being insubordinate. I didn’t know that telling a supervisor that I don’t want to complete a task because I’m going home is being disrespectful. He states I was undermining the supervisors authority on the shop floor where other employees could have stood witness, however there are no witnesses and this is a case of his word vs mine.

    As of now the Rep I originally had to deal with this whole time is no longer handling cases from my department and he now has a replacement. I was in contact with him today and he flat out told me the union will not take my case to arbitration based on this lawyers opinion from this letter.

  8. #18
    I Am Rocking Now

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    Default Re: Termination

    Quote Originally Posted by Tui View Post
    So an update for this

    I had a meet with my rep at the local on 2/25. He provided me with a copy of the supervisors statement. This statement was the same written statement I seen during my step 2 meeting I had back in December. It’s an email the supervisor had typed, has his name at the bottom typed but no signature signed. So to me anyone could have written this.

    Now back during my step 2 meeting from December, management kept insinuating that I cursed and used many vulgar words towards the supervisor which didn’t happen and even the supervisor statement confirms that.

    After the step 2 I was informed I would receive their final decision in about 2 weeks. Once the decision came back that the termination still stands my rep kept mentioning about cursing at the supervisor like that was their reasoning for not giving me my job back.

    Now coming back to the meet with my rep on 2/25, he called up the lawyer for my case and we spoke with him over speaker phone. I asked him about the claims they are making about cursing at the supervisor. He stated that he’s more trying to figure out if there’s actually insubordination here like stated in my official termination letter. And he goes on about how he’s still in the review process of my case and that he couldn’t give a exact time frame of when that would be completed.

    Weeks go by and I don’t hear a peep from anyone, and I get come certified mail yesterday. It’s a written letter from the lawyer that I spoke with on 2/25, but this letter was emailed to my rep on 2/21 based on the date I see on the first page. So they knew about this and mentioned none of it when I spoke to them on 2/25. The letter states that the union would not have success if they pursue arbitration for my case. He goes on about how it’s unclear if I used the proper procedures for leaving with my intermittent FMLA leave. Not sure, what I’m unsure of is how it’s unclear because in my statement and in the supervisors it’s clearly stated I filled out all the proper procedure of filling out the correct paperwork to leave, clocked out and provided the paperwork to the supervisor as they request you to do. That there is the companies proper procedure.

    He also states that I failed to properly inform the supervisor I was having a medical situation. Find this funny because I don’t have to inform anyone at work what kind of medical situation I’m having when using FMLA. When I applied for my FMLA they don’t even know the medical reason, all they know is that the doctor signed off on it. Medical reasoning is between me and my doctor.

    The attorney goes on to say that even if FMLA excused me from completing the task that the supervisor wanted me to do, that my disrespect and insolent statements is justifiable means for termination for being insubordinate. I didn’t know that telling a supervisor that I don’t want to complete a task because I’m going home is being disrespectful. He states I was undermining the supervisors authority on the shop floor where other employees could have stood witness, however there are no witnesses and this is a case of his word vs mine.

    As of now the Rep I originally had to deal with this whole time is no longer handling cases from my department and he now has a replacement. I was in contact with him today and he flat out told me the union will not take my case to arbitration based on this lawyers opinion from this letter.
    If they are using the fact that they say you used fowl language you should have asked if there was a witness.. I don't know what state you are in but I would file a complaint with the NLRB if you can.. Seems at this point you have nothing to lose.. Good Luck..

  9. #19
    Tui
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    Default Re: Termination

    There were no witnesses during this altercation with the supervisor. I have yet to be presented with any evidence the company may have to say otherwise other than the statement by the supervisor. Again they presented me with a typed up email printed out, unsigned by this supervisor nor was he present of the meeting for me to question him.

    Just to put out there during the meeting they stated I told the supervisor ďhereís your fucking direct orderĒ this isnít mentioned at all in the statement by the supervisors. But what is in the statement is that the supervisor is claiming I told him ďI donít have to do shitĒ which also is false. This line here is where the attorney is claiming I showed disrespect and insolence and in his legal opinion is grounds for termination for being insubordinate and that he canít argue against that in arbitration.

    Heís taking this typed statement by the supervisor into complete consideration as absolute truth.

  10. #20
    Getting In The Groove Now.

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    Default Re: Termination

    Brother Im very sorry to hear this is happening to you. I have been in your position before. You must go to the EEOC you in my opinion have a strong case. The sooner the better!

 

 
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