Expert: Timmy Chou - 1/16/2011

Question
I worked for UPS. I was fired for not doing a job that I put on my report. It was a front end alignment. Three months later the boss came in and said that the alignment was never done and that I lied on my time card. I asked him why he thought that. He stated that the tie rod ends were dirty. I then asked him what the specs of the alignment were. He stated that they were perfect. So he then terminated me. While I was in a union Teamsters local 710 by contract I had an inhouse hearing then I would go to Chicago hearing. I never got  the hearings. I feel that I was wrongfully terminated without due justice. Is there anything that I can do? Thank you so much. Jeff Brinkley

Answer
Thank you for your question, Jeff!  

As I always note to questioners, mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

I am not a lawyer and cannot give you legal advice, nor can I mediate this with you alone but I can respond to your question from my business consulting experience.

Note that this matter may have legal ramifications and you may wish to consult an attorney.

Remember that you are dealing with large organizations and managers who are only interested in the path of least resistance in terms of how they manage the business.  I'm guessing they could care less about you so don't put too much investment in their position.  They want to try to make up "so called" business reasons to justify their behavior and now you must create additional "business reasons" to deal fairly with you.

Please begin by documenting a very careful chronology of events as they have occurred.  Names, dates and locations.  Put things in writing at this point paying careful attention to any evidences of how others have been treated in similar situaitons--good or bad. You want to be able to document patterns of practices to show that you are being singled out.

If there are any, please request a written copy of the policies and procedures pertaining to your employment rights from the company or union (or both).  Make sure you get a specific copy of any grievance procedures.  Also ask in writing for a written explanation of the detailed reasons for your termination. Place your requests in writing and send them certified.  This will notice up the company that they have awakened a potentially serious problem.  

You should have a fairly detailed grievance process available to you through your union.  This is the most likely best avenue to follow.  If your union is not following its own procedures and policy you can file a grievance with the US Dept of Labor.



If you have any relationship you think you can salvage, perhaps you can try to cool everyone off and defuse the situation: "come on, let's all just kiss and make up before a larger problem becomes inevitable.  Our family has made a large financial investment in this company and we would much prefer to have that investment pay off rather than have a big fight."

Once you understand the complete process, you should send a demand letter certified, state your case, and ask for the hearings of other resolution remedies appropriate you are seeking.  You should think about copying your letter to:

US Dept of Labor
State Labor Office
Better Business Bureau
Local press outlets
Union
Trade associations or certifying bodies

The company and the union must see that their behavior can be quantified in specific economic harm to you, and it will cost a lot more to deal with all the problems you will cause them for their practices and then they will make a business decision and settle fairly with you.  Be cool, calm and professional, but be sure that they know you are serious as a heart attack and have every intention of seeking either to be made whole or you will be after them in every way possible.

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!


Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:
Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships

Negatives of Arbitration

It's a compromise, no 100% winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

may not reach a binding decision
unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final

Negatives of Litigation:

waiting for court dates can do more harm
usually more expensive than mediation and arbitration
part of the public record