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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

  4. #4
    Join Date
    Dec 2007
    Posts
    3

    Default 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.

  5. #5
    Join Date
    Dec 2007
    Posts
    3

    Default 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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