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Discussion in 'Employment, Labor, Work Issues' started by EndOfStory, Aug 31, 2014.

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  1. EndOfStory

    EndOfStory Law Topic Starter Member

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    i was suspended from my union job for stealing company time. i took a 40 min break instead of the allowed 15 mins. I had a union meeting 4 days after they suspended me. The store manager gave the the head of personal a list of times on camera that i was unaccounted for. The first question to me was asking me about me leaving the store at noon and returning ten mins later. I replied to the question, my manager asked me to go outside to ask another employee who was sitting in his car before his shift started if he wanted to punch in early. The personal rep asked my store manager is that correct did you ask to to leave the store to ask another employee to come to work early. My manager answered yes. I feel as though the meeting should have ended right there and i should of been reinstated and paid for the days i was out do to them suspending me without proper cause. I continued to answer his questions regarding the times they had documented from watching video of my where abouts inside the store. At the end of the meeting personal advised me that he needs more time to go over the video times he just received at the start of the meeting. I had a union rep sitting in the meeting and the only thing he asked was to the store manager who suspended me, if he ever had warned me of taking longer breaks then am allowed and also asked if he knew of this happening prior to this incident. Store manager answered both questions with no. I felt my union wasn't defending me properly at all from the beginning of the time i notified him of my suspension. I feel if i didn't defend myself the way i did in the meeting that i would of been fired that day. I realized later that day that they falsely accused me of my where about"s and had it listed on paper as one of the times i was missing from inside the store. In fact the manager was the one who asked me to leave the store at noon. Where do i stand with that false accusation ? What course of action should i take? I feel the union would take the info i just told you and make it disappear. So am against disclosing what i have. Thanks for any help you may give me. A worried employee
     
  2. cbg

    cbg Super Moderator

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    This is a matter entirely between you and your union. As far as the law is concerned, you could have been fired on the spot without asking for your side of the story at all. Any additional rights you have are a matter of your union contract, which we have not read. Talk to your union rep.
     
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  3. disagreeable

    disagreeable Well-Known Member

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    It appears there was a termination meeting. Now you must file a timely grievance if you did not steal time and want a reinstatement hearing. If you did steal time and want your job back, I suggest you beg your Business Agent to try and work it out.
     
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  4. Betty3

    Betty3 Super Moderator

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    Agree that any recourse you have is through your union.
     
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  5. EndOfStory

    EndOfStory Law Topic Starter Member

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    My argument is my manager credibility from documenting times he claimed i didn't tell anyone where my where about's where. i worked a 5 and a half hr shift before i was suspended and was entitled to an hour lunch and two 15 minute breaks. Had i punched out before they suspended me after already taking a 40 min break then they could say i stole time. But my argument is i forgot to punch out for lunch and that should of been considered my lunch. I feel as though the human resource manager should of said to the manager that the times you wrote down as unknown where about"s of employee can know longer be used to further review based on his haste to find me stealing time. I been employed for 20 yrs and recently had an issue with another store manager who i reported the human resources after he called a colored woman who was a vendor in the store i worked in at the time 2 yrs ago. He called her an animal and belongs back in the woods. Another employee also heard the comment. I was suspended 3 times within 6 months but that manager. I had one i got paid for and another one was split between the days i lost and the 3rd one i finally got transferred. That was 2 yrs ago. I recently found out my asst manager who works in my store is good friends with the manager i reported to human resources. I believe he has my current manager behind this suspension. And the times on the paper that were incorrect show that he was the one who wrote down the times my where about's were unknown the day in question.And my union rep has lied to me about certain things since this suspension. He said the camera down my aisle shows only the u-boat in it and not me. There is no camera that can see down my aisle. He left Friday's meeting and said he'd call me when he got word of the next meeting and i called him yesterday to ask about the inaccurate times listed against me and his voice mail said he was on vacation till the following week. He never told me he was not gonna be at the next meeting if its before he returns. Am i allowed to bring my own attorney to the next meeting? Thanks for helping
     
  6. EndOfStory

    EndOfStory Law Topic Starter Member

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    My argument is my manager credibility from documenting times he claimed i didn't tell anyone where my where about's where. i worked a 5 and a half hr shift before i was suspended and was entitled to an hour lunch and two 15 minute breaks. Had i punched out before they suspended me after already taking a 40 min break then they could say i stole time. But my argument is i forgot to punch out for lunch and that should of been considered my lunch. I feel as though the human resource manager should of said to the manager that the times you wrote down as unknown where about"s of employee can know longer be used to further review based on his haste to find me stealing time. I been employed for 20 yrs and recently had an issue with another store manager who i reported the human resources after he called a colored woman who was a vendor in the store i worked in at the time 2 yrs ago. He called her an animal and belongs back in the woods. Another employee also heard the comment. I was suspended 3 times within 6 months but that manager. I had one i got paid for and another one was split between the days i lost and the 3rd one i finally got transferred. That was 2 yrs ago. I recently found out my asst manager who works in my store is good friends with the manager i reported to human resources. I believe he has my current manager behind this suspension. And the times on the paper that were incorrect show that he was the one who wrote down the times my where about's were unknown the day in question.And my union rep has lied to me about certain things since this suspension. He said the camera down my aisle shows only the u-boat in it and not me. There is no camera that can see down my aisle. He left Friday's meeting and said he'd call me when he got word of the next meeting and i called him yesterday to ask about the inaccurate times listed against me and his voice mail said he was on vacation till the following week. He never told me he was not gonna be at the next meeting if its before he returns. Am i allowed to bring my own attorney to the next meeting? Thanks for helping
     
  7. disagreeable

    disagreeable Well-Known Member

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    You are entitled to have a union rep at your meeting with the company. Call the Business Agent or stewards for your company. If they are not able to appear, go to the meeting, do not be disrespectful, loud or aggressive. Print the statement from the card I linked. Read more about your rights from the link I provided. Get your contract and file that grievance I mentioned timely. Make sure to request to be credited for all lost income and benefits.


    http://bit.ly/1B8w721
    http://www.nolo.com/legal-encyclope...-representation-investigative-interviews.html
     
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  8. cbg

    cbg Super Moderator

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    What you feel should have happened and what the law says must happen are two different things. This is still a union matter, regardless of what you think the HR manager should have said.
     
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  9. Disabled Vet

    Disabled Vet Active Member

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    Interesting........ There is a law here... It's called "CONTRACT LAW" You have a CONTRACT with the company per the agreed upon terms. So if the Union, Company isn't working within these CONTRACT terms you have every right to bring in a CONTRACT lawyer. I have seen a lot of the various union business agents that don't understand the contract. I would suggest you read, read and read your contract. find the wording that covers each issue your having. I also agree.. If the manager stated that he/she asked you to speak with the employee in the parking lot it should have stopped there. IF.. IF.. that time covered all the missing time. Yes it's a labor issue... yes someone can be fired for almost anything. BUT in this case there is a written CONTRACT that must be followed by both parties.
     
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  10. cbg

    cbg Super Moderator

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    Precisely. No law was violated. If anything was violated, it was the union contract. That is why he needs to work through the union.

    If the poster is determined to bring a lawyer into this (and I am not convinced it is either necessary or, at least at this point, in his best interest to do so) he should be certain that rather than a run-of-the-mill contract lawyer, it is a lawyer with considerable labor relations experience.
     
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  11. Betty3

    Betty3 Super Moderator

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    OP, if necessary to get a lawyer, you can probably get a referral to one that is familiar with labor relations/unions from your local or state bar assoc.
     
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  12. EndOfStory

    EndOfStory Law Topic Starter Member

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  13. cbg

    cbg Super Moderator

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    Then talk to the NLRB. (30 character limit)
     
  14. EndOfStory

    EndOfStory Law Topic Starter Member

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    I have 2 Lawyers from Legalmatch.com who have given me 30 mins free consultation if i wanna retain there services. At the moment am just waiting to see what the companies gonna say or do next. My brother in law who is a manager for the company for 30 yrs is gonna call the companies director of relations that was in the meeting we had to see what's going on. Am hoping he can get an idea of there intentions.
     
  15. EndOfStory

    EndOfStory Law Topic Starter Member

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    You think i should talk to the NLRB based on my complaining about the work conditions coming from the air duct? Or the lack of union support? or both issues? or another reason i didn't state? Thanks
     
  16. cbg

    cbg Super Moderator

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    Lack of union support. (30 character limit)
     
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  17. EndOfStory

    EndOfStory Law Topic Starter Member

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    Should i call the Head of the union before i contact them or should i report my lack of support either way?
     
  18. army judge

    army judge Super Moderator

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    Your success is possible by walking a very thin line. Naming, shaming, blaming; generally fail. If you try that now, you limit your possibilities. I try to keep as many options viable as I can. Kindness, civility, and politeness require caution and patience. Steady as she goes, 1/3 speed for the moment, unless you feel it's time to pipe all hands on deck, man your battle stations.
     
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  19. EndOfStory

    EndOfStory Law Topic Starter Member

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    As the son of Navy Veteran who served 23 yrs. and was awarded The Purple Heart and Silver Star i can appreciate your reply in the fashion you posted it. I am appreciating everyone's input and grateful for forums such as this one.
     
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  20. army judge

    army judge Super Moderator

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    You're very welcome.
    I thank you for your civility and politeness as you work your way through a very troubling, frustrating, and alarming situation.
    Hang tough, my friend, avoid a battle while securing yourself a victory.

    After the entire saga has ended well for you, watch your back.
    They don't like to be beaten.
     
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