This a very painful subject for me to even want to talk about, but I need some advice, this pertains to my Son who just turned 36 years old.
He started working for UPS when he was 17 loading planes, part time, at Ohare airport.
He worked his way up to package car, full time, after about 6 years and then onto driving a Tractor Trailer, he has done this for at least 8 years.
He was making very good money and had probably the best tractor trailer job you could have.
He was a Teamster member since he started with UPS.
A couple months ago he shocked me and my Wife telling us he had been FIRED!
We thought, He and his Wife thought, that this was his job until retirement. He has a house on 12 acres and 3 small kids, with another due in a couple months. His Wife works as a Nurse.

Apparently, he got into it with a supervisor. He was working at the largest UPS facility/hub in the Chicago are. His argument was about the lack of hours he was getting, maybe a day or two a week.
After his argument he talked to another UPS employee while at UPS about his problem. During there conversation he said "I wouldn't mind backing over that guy",Unbeknownst to my Son was that this employee, a "friend" recorded his conversation and brought the recording to the UPS supervisor (seems like a set-up to me). He was called in and scheduled for arbitration to resolve the issue. The Teamsters supplied a Lawyer for the hearing.
The arbitrator found after 10 days that he should be fired.

My Son excepted this as the end. My Wife and I keep thinking that he should contact his own attorney and fight this verdict if possible.
Maybe a transfer to another facility could be offered or some other alternative.Losing this job is HUGE to his and his family's life.

He and his wife are now desperate to find him a job, especially for Health care. He has applied with the IL. Army Natl.Guard and is testing with them. I continue to NOT encourage this for him, but he feels desperate.

I'm looking for advice from people who are familiar with Employment law or have an idea of what, if any recourse he might have.

There may be a right to privacy issue with the covert recording of his conversation. Illinois law may cover this. If the recording is in violation of law, it may offer him way to reinstatement.
Maybe.

"Illinois recording law stipulates that it is a two-party consent state. In Illinois, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the communication. 720 Ill. Compiled Stat. 5/14-2(a)(1). This means that in Illinois, you are not legally allowed to record a conversation you are taking part in unless all parties agree to be recorded."

https://recordinglaw.com/party...nois-recording-laws/

OMG he was recorded at his workplace without his consent.

yup, it sounds like a lawyer needs to sort that out.

Seem's like he would have a very high sought after skill in a tractor trailer operator.
The National guard seems like a really bad idea with his family situation if you ask me.

I have spoken with a UPS road driver near me who was making crap pay due to the short hours involved weekly, on his nightly runs, never being more than 2 hours away from the UPS hub here in northern Kentucky. Not all UPS road drivers are paid well. And, there are plenty other teamsters driving jobs.

Given his background with UPS, has he looked at FedEx, Amazon and DHL for doing the same position? Even the airlines?

Walmart.

The implications of IL being a two-party consent state could vary widely based on context, use, and other factors. No point in getting into that because I’m not an IL attorney, let alone an IL employment law attorney.

Your son should consult with an IL employment law attorney INMEDIATELY. Time is of the essence as any appeal rights under the arbitration agreement and/or any applicable CBA or MOU he may have are most certainly time-limited.

-Rob

Not Sure about the Chicago Area.But Around Northeast Indiana but there is alot of Vacant truck driving jobs.

Ok, I'm going to play devils advocate here and I'm not trying to offend you but I'm struggling to understand why your son doesn't deserve to be fired after his comment? I mean it's basically him stating he'd like to commit workplace violence against his supervisor.

Yes it does sound like a setup that he was being recorded. That makes me wonder though, does he often say things out of line that would make a person realize they need to record conversations with him? Obviously there are implications for the person recording him if 2 party consent is needed as stated by others here.

Also something isn't adding up. You say he's a full time employee but not being given full time hours? He should be collecting full time wages if he's driving or sitting on his rear in the coffee room.

Lastly yes, a conversation with an employment lawyer is the way to go however don't be surprised if they say you don't have a case. I had worked previously as a union worker then later as a manager over union employees and our contracts were written that the arbitrators decisions were binding.

I too am a little confused. If he was only working a day or two a week it does not sound like he is out much.
Just the time it takes to get another job. Nearly every semi I see around here as a help wanted ad on the rear doors with a nice signing bonus.
Sounds like he should be able to jump back into the saddle unless there was a reason his hours were cut? Did he have some recent operating infractions?

It is also very weird that he was recorded.

quote:

Originally posted by armored:
"I wouldn't mind backing over that guy"

No company can abide a comment like that.

Unpopular opinion; your son should take responsibility for that comment and find another job vs. fighting a losing battle.

Short term answer is to find another truck driving job, I thought there was a shortage of CDL drivers so if true he shouldn't have a problem finding another job. At his age and with his family situation joining the NG is a bad idea, he'd have to go to basic training and AIT which means he'd be away from his family 3 to 6 months and then at best start his career as a PFC/E3 which doesn't bring in a lot of money even if he was on active duty. He should have kept his mouth shut and whenever you threaten another employee you can expect to get fired especially if the employee is in management. Does he have a case since he was recorded without his knowledge maybe, could he sue UPS maybe, would it all be worth it, maybe but only an attorney who specializes in labor law could advise him what direction to take. At this point a settlement would be a better option than trying to get his job back.

quote:

Originally posted by PGT:

quote:

Originally posted by armored:
"I wouldn't mind backing over that guy"

No company can abide a comment like that.

Unpopular opinion; your son should take responsibility for that comment and find another job vs. fighting a losing battle.

Yep, that wouldn’t fly around here either. It sucks, but have to be conscience of what is said in the workplace.

I would be surprised if he didn't sign something upon accepting the job that mentioned being subject to video and audio surveillance while on company property. Yeah, it sounds like he was set up, but it also sounds like he handed them a case for firing him. He'll land on his feet and probably make more elsewhere. But he's not getting taken back by UPS.

I was taught at a very early age, NEVER COMMENT OR JOKE ABOUT KILLING ANYONE! Not in person, not over the phone and not online.

It’s kept me out of trouble for decades.

Tony.

I agree that we don’t have the whole story…but that aside, a Class A cdl driver can make over $100k a year and be home on weekends with out much trouble. Trucking firms are literally begging for drivers with a good record.

At a lot of trucking companies drivers bid on routes according to seniority. After all the scheduled routes are filled then the remaining drivers are scheduled according to need. During slow times some drivers stay at home a lot. It is the nature of the beast, and they must be ready to go at a moments notice when needed.

The consult with an employment attorney is really his only option. Finding another job until the UPS situation is resolved or (not) is the smartest thing to do, as it could take a long time to get a resolution.

quote:

I would be surprised if he didn't sign something upon accepting the job that mentioned being subject to video and audio surveillance while on company property.

But by whom? Another employee? I would think it applies to the company doing the recording in an official capacity, not just an employee snitching on him.