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Suspension For Late Call-In After A Medical Emergency

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  • 12-13-2007, 04:17 AM
    Naga1720
    Suspension For Late Call-In After A Medical Emergency
    In Michigan. I work for a billion dollar Corporation that is trying to come out of bankruptcy, that caters to GM, that I will call Delphina. Taking the pay cuts, swiping some benefits, I still planned on riding the storm, well at least to this new management came in. There is a plant foreman/attendance individual, who does not work on my shift, who despises me, makes vulgar remarks. "unintentional" racist remarks such as "you lazy people" (me being hispanic), and so I do my best to avoid this guy. Anyways, on Nov 30th, I had volunteered to come in early for overtime from the night before, but later that night I went to the emergency room for problems breathing, (had a heart attack few months back). I called an hour early before my shift to obtain a special number for call-ins, had my wife call as I was medicated. Released from hospital later that day, then on Dec 3rd called in for the remainder of the week as it is company policy that I not return until I had medical clearance. Got clearance on Dec 10th, came to work and was immediately placed on "notice" for no Doc excuse, handed in the excuse, told ok, now I needed one for Nov 30th, only. What? its all covered Nov 30th to Dec 10th. Still went got one for Nov 30th, told ok, but I was on "notice" because I did not call in...handed in my sequence number you get when you call in, told ok, Heres the kicker..put on notice for not calling in "on time" as my wife called 3 hrs to late, being more concerned about me. Disposition: 30 days suspension no holiday pay, no Christmas for my little ones, suspension effective immediately. Couldn't even finish my shift. Union rep and I asked how he came to this conclusion, he stated it wasn't his doing, but the plant foreman/attendance individual he does not like you. How ironic, and waited till I was leaving and said, have a nice Christmas.
  • 12-15-2007, 07:04 AM
    Mr. Knowitall
    Re: Suspension For Late Call-In After A Medical Emergency
    That, to me, sounds absurd. I'm a bit surprised our labor law experts haven't commented yet.
  • 12-15-2007, 08:23 AM
    jk
    Re: Suspension For Late Call-In After A Medical Emergency
    Well, as to waiting for the labor law experts...you are still waiting but it appears you are a union member, yes?

    If so, file a grievance through your union. That is why they are there. As a union member, you do have that right. If you do not know or understand your contract, you should learn it and ask the appropriate union leaders for definition on areas you do not understand.

    as well, if you fall under FMLA guidelines, you have recourse there as well.

    While you are filing grievances, you might want to consider one for the "unintentional" racist remarks. Document everything as this appears it could go well beyond your work place and its' leadership and could end up with the EEOC, if you want or need to go that far.

    Here is a link to the Dept of Labors' FAQ on FMLA

    and a link for info in general on FMLA
  • 12-15-2007, 11:13 AM
    cbg
    Re: Suspension For Late Call-In After A Medical Emergency
    I'm by no means an expert when it comes to unions; my experience is not non-existant but most of it is from a long time ago.

    But I see potential problems with this both in terms of FMLA and Title VII.

    Based solely on what you've posted, I think the FMLA case is the stronger, so I'd start there. JK has provided appropriate links; the regulatory agency is the US DOL.

    It can't hurt to contact the EEOC but I'm not as certain you can make a case that way.

    I am assuming that you meet the eligibility requirements for FMLA - 12 months minimum for this employer and 1,250 hours in the last 12 months.
  • 12-15-2007, 11:32 AM
    jk
    Re: Suspension For Late Call-In After A Medical Emergency
    I was suggesting the EEOC as a future concern more than anything. That is why I suggested the documenting of possibly problems. The possible descrimination point could become important should this escalate beyond the immediate problem.

    actually, I believe OP has the fastest method of action via his unions grievance procedure. It may also produce the most desirable result. OP apparently works for Delphi which means he is probably a member of the UAW or the IUE but probably the UAW. They typically have a decent method of addressing greivances in the larger plants they are involved in with prescribed actions and results for a successful grievance. Most likely, should the action be found illegal, OP would be eligable for back pay for an improper suspension and a cleansing of his records. While both of those may be a possibility due to an FMLA action, it would most likely be a much slower process.

    While the FMLA process would ensure that legal requirements were followed, the union process often becomes a negotiated result that is not possible when asking a governmental entity to intervene.
  • 12-23-2007, 03:36 AM
    Naga1720
    Re: Suspension For Late Call-In After A Medical Emergency
    Thanks People for your support. As to the grievance, well lets just say my union is new..most came from Walmarts, and is new to this situation, but that has been filed. I went ahead and contacted the EEOC, and the US National Labor Board, and on my behalf they both decided to jump aboard, stating They had violated my "protected concerted activities", and that it covers the laws they enforce. On the 20th of Dec, I received a call from work informing me to go see their doctor, after 20 minutes or so the same guy, told me if I didn't leave the premises I would be fired being I was suspended. I informed him I was here to see their doctor, and he said he didn't care. When I spoke to my union they stated they are on this and I would return back to work. Going into 2 weeks now, and they know no more than I do. According to the EEOC, they filed a law suit with this company 2 months or so ago for the same thing, and to my knowledge I signed the same paper but never turned it in, according to the lawsuit, the company was in direct violation of the law when they told employees that if they did not sign a medical consent form for my records, they would be fired, and crazy thing is, I have the paper that was suppose to be no longer made available to management signed but never turned in with the date of 12-12-07, the same day I was suspended. The union will be trying to negotiate my return to work and backpay, but I am not the only employee this has happened to. Another employee was given a 5 day suspension for the same thing only difference is she never brought in an excuse. It was verified, I was in the hospital with tubes in my throat! As far as documentation, that is what I am on point with. I have statements, signatures, witnesses and documentations, to support my allegations. And can you believe that they just laid off 30 to 40 people a few days before Christmas knowing none would get Christmas pay, thats gotta suck. As far as I am concerned, I will do everything I can to stand by my claim and make them justify their actions legally. Talk about big fish eat little fish. Gees. But once again thank you all. Here is the lawsuit.
  • 12-23-2007, 03:48 AM
    Naga1720
    Re: Suspension For Late Call-In After A Medical Emergency
    I apologize for the "2 months or so ago" The litigation for that lawsuit is still active started on October 2007, The case is Civil Action no. 07 CV 6430T. The U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed late last week that automotive parts supplier Delphi Corp. violated federal law by subjecting employees to unlawful inquiries into their medical conditions and retaliating against those who objected to the inquiries. The civil action, filed at the U.S. District Court for the Western District of New York, charges that the company violated the Americans with Disabilities Act (ADA) by requiring workers returning from sick leave to sign releases permitting company representatives to access their medical information. One Rochester Michigan employee said his protest of Delphi's policy resulted in his immediate dismissal. Ever since bankruptcy things are going bad fast. I am by far saying that this is a bad company. I love my job and the people their, but the guy taunts me, harasses me to the extreme, that I have to work in an atmosphere where I have to look over my shoulder, do my best to avoid this guy, if I'm outside smoking and comes out I get away quick. Who works like that? I have made it known to my union, my supervisor, and management. But according to management.."he's been here longer" he is considered "old timer", and so I ask "...and that makes it right?"
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