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I started receiving my pension before 65 (at age 55) but that is because our pension plan allowed for pension benefits starting as early as 55 if you retired which is what I did. Depends on what the plan says as cbg noted previously.
 
Typically, you can not access your pension plan early based on disability unless you are still working at the time of disablement. In other words, if you work for ABC for 20 years and are vested, leave for 2 and go work elsewhere, then become disabled, it would be highly unusual to be able to collect your pension from ABC early. There are exceptions but the only ones I have ever seen were in fields like public safety. I have no idea nor any way of finding out if your pension plan is one of the every extreme few which will allow for early access after disability with a break in service. You have to ask your plan administrator that question. Expect the answer to be "no".

Also expect an offset from WC/SSDI if you are collecting a pension/SSDI/WC benefits based on the same ailment. States have different offset rules and so do pension plans. Heck, at my last and current employer we had more than one pension plan and the rules were different for each (state legislators, what can ya do?). This is worth the time and expense to hire an attorney who specializes in disability who can review the plan documents for your pension plan and guide you on your best course. You've got a lot of different possibilities here and early retirement/SSDI/WC may not even be an option but that isn't something we can judge via message board.
 
Updating my status at work. Got a call from union rep today telling me my next meeting is this Friday and to let me know they say they have 3 more times of video of times of me leaving the store. I have to defend unknown times and the days there gonna tell me at the meeting on Friday. I don't know if there random times they got by going back and looking at video from weeks prior or there times they documented the day of the first meeting we had 2 weeks ago. But if its times they documented at the first meeting then my managers reply asked to him by my union rep if he has had problems with me taking longer breaks before and he answered no he hasn't would make my defense that i was outside pushing carts would stand up as being true. And if it's random days they found by going back and looking at video of my where abouts then i have to go on my log of events that i take each day at work just for things like this. My last manager said to me i heard you go home and write down everything that happens at work i replied thats half right i do write down the things that i do at work but i write them down at work because when i leave here your the last thing i think about. So i do have a log of each day sort of like a diary, and am hoping it can help me defend the days and times they tell me at this upcoming meeting. I have to fight for my rights because my union rep certainly isnt. If i get terminated it will allow me to hire a labor lawyer to bring a lawsuit of retaliation. I been harassed at work for the past 10 years and i ain't going down without a fight for my rights.
 
Here we go again with "retaliation".

Okay. What legally protected action did you take, or what legally protected benefit did you apply for/use, that they would be "retaliating" against you for it?
 
They do not have to give you the list of dates and times before the meeting. Nothing said by anyone at a prior meeting counts toward an explanation now. You are welcome to hire anyone you are willing to pay but there is very little for an attorney to do here, aside from advise you on disability matters if applicable. The union's job is not to blindly defend you but to ensure that the employer (and you) and following the CBA as written.
 
I get the sense cbg that you don't believe i've been harassed at work for over the past 10 yrs? Well how's this for someone who is now Vice President of my company who 7 years ago was my store manager and back in 2007 he made a comment to me that warranted me to call personal and they came down and took my statement and 2 days later said manager was transferred to a store in Staten Island which is 30 miles further from the store he was in. How about my last manager 2 years ago who made a comment to a colored woman which i took it to be racial and you tell me what your thought of it is. He said to her your an animal and belong back in the woods!!! Sure sounds like he was calling her a monkey? I wroye a letter to personal about it and they came down on me for "at the end of the day i work for the company" I said at the end of the day i have to look myself in the mirror and i can't let a man if you wanna call him that say a comment that i feel is racial and not say anything. Now if you want to know the comment the manager made to me in 2007? He said if i were you i'd just shoot myself in the head!!! Now how's that for going to work and dealing with people like that. And now's he vice president of the company!! Marriage to the company's family i guess gets you those perks. I done nothing but go beyond my duties to help customers and always have them tell me how much of an asset i am to my company. So don't tell me i don't have a case of 'RETALIATION. if you are gonna mock me and what am going through then keep your comments that aren't helping me to yourself. I been dealing with this for to long. And i have 2 labor lawyers who have said they would take my case. I don't want it to come down to that all i want is to be left alone and to do my job. Thanks for your input smh @ you
 
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My union said the company has to prove beyond a reasonable doubt there is proof of missing time. Those were his words to me this morning. I have to defend myself and thank god i document my days at work so now i can go back and fight there times. Sure they could just fire me no doubt but they also know of my past differences with them trying to make up things to build a file. I ain't standing by and letting them terminate for something i know is B.S. !!!!
 
Comments made 2 and 5 years ago, and not necessarily about you, to you nor obviously in violation of any law even if not professional, does not even come close to creating a case for retaliation now. Frankly, it sounds like you took a longer break than you were supposed to have taken and perhaps have done so in the past. Your excuse is that because you hadn't yet taken your lunch hour, that unaccounted for time should have been considered your lunch break and therefore allowed and the company should just overlook you "forgetting' to punch out for "lunch". Many years ago you had some issues which are long since resolved which have zero bearing on why you were gone for 40 minutes when you were supposed to be working. You can play the self-righteous card about speaking up years ago about XYZ all you want but it has nothing to do with why you have unaccounted for time now. Nor does the broken AC system or any other issue or complaint you mentioned.

It sounds like they have pretty solid evidence of you being gone at times when you should have been working. That is what you are going to need to account for. Playing games with past injustices and trying to change the subject isn't going to get you very far here.

It doesn't sound like you are disabled and unable to work. If that is the case then it is still a totally separate matter from not being on the job, performing the tasks your employer expects you to be performing, when they expect you to be performing them. Disability retirement is intended for those who can not physically work. It is not a back up plan for when you get in trouble and need an "out". I can assure you that whomever administers your retirement plan will see through the ruse in a hot minute and isn't going to care one bit about anything other than the fact that until you ran into disciplinary trouble, you were performing your job.
 
The point I am getting at is that legally, there is a very specific meaning to the term, retaliation, when it comes to employment law, and in four pages you have not posted anything to suggest that illegal retaliation is occurring. Legally, there is a very specific meaning to the term, harassment, and it's unclear if you have anything on that order. People love to post on these boards throwing these words around but when they use them incorrectly, and you appear to be using at least one of them incorrectly, they can do any legal claims they DO have more harm than good. NOTHING YOU HAVE POSTED DEMONSTRATES ANY STATUTES OR CASE LAWS THAT HAVE BEEN VIOLATED BY YOUR EMPLOYER and all the claims of "harassment" and "retaliation" you can make are going to be meaningless if you try to apply them to employment law. I am trying to help you by pointing out when you are misusing legal terms so you don't accidentally shoot yourself in the foot. You can call an action "harassment" or "retaliation" all you want, but if the actions don't meet the LEGAL definitions of those words you may as well call them a toaster.

As you have been told MULTIPLE times, if you have ANY claim at all it is through your union contract.
 
ozmets said:
My union said the company has to prove beyond a reasonable doubt there is proof of missing time.
Click to expand...

That may or may not be the case through your CBA. It is NOT the case as far as employment law is concerned.
 
Well then how is it that you can explain while virwing the video they simply overlooked another employee on a 45 min break at 1130 to 1215 the day i was suspended for? Does that employee have special rights? Doesn't he have to be also suspended when your suspending me? Am not about to point fingers at what others do all am saying is when you TARGET me for the simple purpose of trying to fire me then hell yes am gonna fight tooth and nail. I saved my store more hours by leaving early then anyone in my store in fact i didn't take my vacations because i used my vac time to leave early from work. Am also not saying i've never done wrong or my breaks aren't longer then 15 mins all am saying is if your gonna allow it without saying a word and then because you were told to use it to suspend me then it's wrong in my eyes!!!
 
We don't have to explain why others are allowed to do what they do and neither do they. You are answerable for your own actions only. For all any of us know that employee is also in trouble or has an approved reason to have done what they did. You are not entitled to an explanation or details about another employee's personal situation. No, the law does not require that the rules be the same for every employee either. That is a myth.

If you admit you have been breaking the rules and taking longer breaks than allowed, there is virtually no recourse. The employer does not have to overlook this no matter how good an employee you might be in other ways. Repeatedly taking breaks longer than allowed is a legal and valid reason to fire you. Period. It violates your CBA as well, so there is no real leg for the union to defend you as you are breaking the rules they agreed to uphold. The fact that they waited until it became a problem or they were able to document the frequency does not mean they must continue to tolerate it nor must they overlook it because in your mind you should have been in trouble even sooner.
 
Well i do appreciate the replys to my posts and maybe i don't know the legal side to my questions but how can this forum help me the way i need help? How would you recommend knowing somewhat of the things i've been through by my company. There's got to be some sort of law or legal avenue i can take. Because know one should have to go to work and deal with things that aren't for everyone but just certain people ME. Am at wits end and know my posts are reflecting my anger but all i no is there should be an avenue legally that i can take to fight a company who can basically do as they want
 
As you have been told MULTIPLE times, if you have ANY claim at all it is through your union contract.

Can you explain what claim it is i have through my union contract?
 
Ozmets, when we find ourselves in a pickle, it's best to not try to explain or say anything.
It's not the job of the accused to prove her or his innocence.
It's the job of the accuser to prove the accused guilty of the thing(s) with which they've been charged.

The law isn't the great refuge they tell you it is, either.
Once we become involved in their legal system, we become the refuse and they turn us into useless, rotting garbage.
Yeah, I'm cynic for good reason.

Okay, you show up Friday, bright, alert, calm, polite, and kill them with kindness.
Smile, be pleasant, don't let them see you sweat.
If they've already decided to lynch you, lynch you they will.
They like to see their victims sweat, whine, and beg.
They're going to do, whatever they want to do.
In time, if they lynch you, you might be able to repair some of the damage.
You'll never be the same.
So, listen to what they say, take notes, and offer copies of relevant entries from your work journal that might assist in reducing the beat down.
Be professional, polite, and stay on point.
I've learned in life, my friend, that once they've decided to boot you, they're going to boot you.
They run through the motions and gyrations so they can sleep well at night.
It's mostly about appearances.
Last thing, don't offer excuses, just facts.
Don't try to convince them to let you go because Kenny, Susie, and Bubba did it, too.
Stick to the facts, just the boring, but truthful facts.
Hang in there buddy, I think they're going to slap you around, let you know their the big bad bosses, maybe even suspend you a few days; but I don't think they'll go postal if you show some contrition and remain professional.

The big bad bosses are all about pushing the little guy around, every now and then, when the little guy doesn't bow low enough, fails to show them the respect they crave, doesn't enough tremble when they speak, or gets too uppity.

Most jobs are life long high school except they pay you a few bucks, abuse you more, work you to death, make you grovel more, but its still the cool kids running the show.


Good luck, Buddy.
 
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No, I can 't. As has ALSO been explained to you multiple times, IF you have a claim, it is because your union contract is being violated. We have not read your union contract; therefore WE DO NOT KNOW IF YOU HAVE A CLAIM OR NOT BECAUSE WE DO NOT KNOW IF YOUR CONTRACT HAS BEEN VIOLATED OR NOT.

You may have a claim through your contract; you may not. The law has not been violated. You have NO claim based on the law.

IF your contract has been violated AND I DO NOT KNOW IF IT HAS BEEN OR NOT SINCE I DO NOT HAVE ACCESS TO IT, then and only then do you have a claim of any kind. ONLY someone who has read your contract can say IF you have and claim and if so, what kind of claim you have.

If you are bound and determined to pursue this, take a copy of your union contract to a lawyer versed in the NLRA. Let that lawyer read your contract in full. ONLY THEN will anyone be able to say if you have ANY grounds for ANY kind of lawsuit.

I do not know how many more ways I can find to say this so I hope you understand it this time around.
 
Thank You Judge. That;s the advice my Dad would of given me. You and him are lot alike in the advice you give. God i miss him at times like this. I will be as calm as i was at the first meeting and your right i will use my daily log to offer insight into the times they present. If anything they'll be impressed with my notes. :) I know i can sleep at the end of the day knowing who i am and what i did for my company. I went to church last Saturday with my Mom and it happened to be the Priest first day at our parish and he came from Guinea,Africa and his first words before us were. I feel like a big chocolate chip in a bowl of ice cream. :) So after church he gave everyone his personal blessing it being his first time as a Priest. I got that blessing and i appreciate everyone of your posts Judge and i will personally let you know the outcome of Fridays meeting. Thank you Again
 
ozmets said:
Thank You Judge. That;s the advice my Dad would of given me. You and him are lot alike in the advice you give. God i miss him at times like this. I will be as calm as i was at the first meeting and your right i will use my daily log to offer insight into the times they present. If anything they'll be impressed with my notes. :) I know i can sleep at the end of the day knowing who i am and what i did for my company. I went to church last Saturday with my Mom and it happened to be the Priest first day at our parish and he came from Guinea,Africa and his first words before us were. I feel like a big chocolate chip in a bowl of ice cream. :) So after church he gave everyone his personal blessing it being his first time as a Priest. I got that blessing and i appreciate everyone of your posts Judge and i will personally let you know the outcome of Fridays meeting. Thank you Again
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You're welcome, and I'm still pulling for you.
Notice how greedily your union steals your money, but when you need them, they abandon you.
Yeah, they're in with the cool kids now, those union big shots, like politicians, living large on the backs of workers.
Man, things once were different in this country.
Now, everyone gets shafted, even by their friends.
The unions used to be The Lord protector of the working stiff.
Now, the unions are segregated and run by the cool kids, too.
Except every couple years, the cool kids need the nerds and oddballs to reelect them.
So, they go slumming.
Once reelected, screw you; they're playing golf with the cool kid bosses, the big shot royal politicos, and the millionaire owners.
These days they break you mostly, and never give you a break.
In the olden days when we were hunting dinosaurs and making rock iPads, the boss would lecture you, try to help you, not beat you down.
Yeah, the world has already gone there in a handbasket.
 
You are certainly free to talk to a lawyer or two but don't be surprised if the lawyers say you have no case against your employer for "retaliation" based on what you posted.
 
Am not sure if anyone can answer my 2 questions or if anyone can offer opinion or advise me what steps i need to take. Here's my questions. First i was denied today from my union rep to allow the shop steward of the store i work in to sit in during the meeting today. When i told the the shop steward i wanted him to sit in during the meeting the union rep said no he isn't because if you want him there then am not gonna be there. My question is that a breach of union rules? And what or who do i contact regarding that question i asked? Second question i have pretends to the start of the meeting it was my manager my union rep and 2 human resources personal in the office, as the meeting was about to start i took out my phone from my back pocket and my union rep said your not gonna record this meeting are you. It wasn't my intention to all i was doing was taking it out so i wouldn't be sitting on it. But i said yes why does anyone have any problem with me recording the meeting? And the head of personal said yes i do so i asked why? he said because if you do then this meeting is over. What should i have done or was there any breach of my rights to record the meeting as long as i asked before recording it? I know these questions most likely aren't legal but i was hoping someone would guide me to who or where i go from here? I know now that my union rep is not looking after my best interests. Thanks for any advice you may offer.
 
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