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My husband has been a Teamster for 34 years, he is 55 yrs. old. He worked 4 yrs. @ UPS, and 30 yrs. for Teamster Truck Lines. His projected retirement date is 3/31/09. Teamster's will not apply 4 yrs. @ UPS, because it is different Local Union. I need your response to this. Now the second problem is he has had 6 absences in the last 9 mos., having Dr.'s excuses for 3 of the absences. They state Dr.'s excuses are no longer accepted. He is being treated for Neuropathy by a Podiatrist. There is going to be a hearing on 1/22/09 with the Terminal Mgr. and a representative from USF Holland Labor Relations resulting in possible termination. Other employees have abused missing work with no action. For example one driver thought he had a week's vacation, took 5 days off without calling in, and was suspended 3 days. Another employee called in sick 6 days in Nov. On 9/9/09 my husband was suspended 5 days because he didn't remember a medication he is on, he just renewed his CDL licens
Submitted: 316 days and 12 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Evansville, Indiana
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Faxing his medication list a day later, he was told he was suspended for 5 days for falsifying a document according to USF Holland's Corporate office.
Posted by
Faye Lee
316 days and 9 hours ago.
Info Request
Hello, a few question is your spouse over 40 and are the others you gave examples over 40? Have they bridged anyother retirees service?
316 days and 8 hours ago.
Reply
I stated my husband is 55 yrs. old and wanting to retire 3/31/09. I'm not sure of the ages of people I gave an example of and what does that matter, little or no action was handed out.
No they have no other retiree service.
1st question: If you pay union wages into Teamster's Union but different local, why doesn't if go toward your pension?
2nd question: My husband was told according the Indiana Work Rules Dr.'s excuses were no longer acceptable.
3rd question: My husband renewed his CDL license and required physical exam. This information was faxed to Indiana BMV. He didn't remember 1 of his prescription's name, so his prescription list was faxed the next day by his Terminal Mgr. He was suspended for 5 days on 1/9/09 for falsifying a document according the Safety Dept. of USF Holland.
Accepted Answer
Hello, you gave alot of information but did not formulate a question. Thanks for the clarification. The information that you shared was suspect of age discrimination, that is the reason I requested the age of the other coworkers. However unless you have that information it would be difficult to determine.
The Teamsters have the merger of several local and regional of teamsters.There are many teamster affiliates and there is not one pension plan. It appears your spouse was in two different locals thereby not being able to bridge the service dates.
Employers often question how they can determine whether an employee's medical condition really qualifies as a health condition. The employer has the right to not accept the doctor's note, the employer can request medical certification , second opinions, or other methods that would determine that the employee's condition is validated. The courts have determined that the employer may be allowed to question the employee's medical leave. The doctor's note may not qualify such leave. The Indiana follow these guidelines.
Your spouse need to file a grievance on the 5 day suspension. The employer has a wide range under the employment laws, however employees may challenge any decisions that have been applied wrongly.
But as I stated earlier he appears to have another problem of age discrimination if this is the case he may consider filing an EEOC/Human Rights Commission complaint.
Expert:
Faye Lee
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Answered:
1/11/2009
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Have 30 years experience in labor/employment law.
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