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Investigatory leave not paid since 3/17

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I was called and emailed that I was relieved from duty pending investigation. There was a meeting April 11th and I went in with my union rep.  I answered all their questions. I was told that I had used a machine that can be accessed with a employee badge. My badge does not have that access and neither do the machine logs that I  OR my badge ever accessed or attempted to access the machine and it is not in my job description or area. At the meeting, i was told they would respond within a week of their decision.  My union rep and i have called and emailed the meeting organizer but have not heard back till date nor received any paychecks. My mother has been hospitalized and had surgery yesterday and I have applied for FMLA. My union rep says I cannot lawyer up as the hospital has not terminated me. I have filed grievances against my supervisor IN THE PAST 6  of the 12 years I have been with the hospital. Many other employees have complained and filed grievances against the same supervisor but nothing has come out of it. I have also filed at the equal opportunity organization. I have been applying at different hospitals and departments but have not been successful.  Any suggestions would be highly appreciated.

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You probably want to continue to work with your union and their lawyers.

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Was it supposed to be a paid leave?

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What does the union grievance/arbitration policy say?

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I have been receiving conflicting info. Some say I will be paid lump sum after the investigation is over and if I am reinstated. Union rep says no work no pay.

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Union book does not say much. No idea how to find a lawyer to talk to.

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It is obvious that I am being framed or some folks are ganging up to cover up an error on their part.

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holicow said:   Union book does not say much. No idea how to find a lawyer to talk to.
Then you aren't getting very good help from your union rep.  Find a different one.  Do you have any coworkers who have gone through anything similar?  Find out who they worked with for union representation.

As an aside, I'm sure I don't have to tell you that if you had multiple grievances over the course of your career, you should have been looking for a job a long time ago.  With a grievance, even when you win, you lose.  Trust me.  

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Yes a few coworkers had been terminated but were back in a week or two reinstated. They were my co-workers in the past and when they heard about it they told the union rep to help me because I am a good worker. But when I tried to establish contact with the person who went through the same experience he did not want to have any contact with me or share what happened and how he managed to come back or was he paid etc.. the union rep claims she helped his case. I have been applying at all places since the past 6 years. Temp agencies, etc.

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If your name is really r***** m****, you should change your userid immediately.

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holicow said:   received any paychecks.

the hospital has not terminated me.

  
Your union rep is an idiot. You have been terminated for purposes of unemployment. Go file immediately, and get some income coming in. You should have applied most likely the second they sent you home without pay.

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I have already applied for FMLA for taking care of my mom. But they have a 1 week waiting period and I did not expect the investigation to go on so long. I expected them to keep their word of letting me know within a week of the meeting.

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holicow said:   they have a 1 week waiting period

So what? When it came to the day before the end of the week, and you hadn't heard anything, then you should have filed. Your one-week waiting period would have been over.

A claim filed Sunday to Friday until just before close of business (except for states that allow for Saturday filings) is dated for Sunday. Anytime it gets to be about Friday late in the afternoon and you've been prevented from working, you get that UI application submitted.

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Does that machine happen to dispense controlled substances?

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I used to work in labor arbitration. This completely depends upon what the collective bargaining agreement says. Whatever the CBA says (NOT the handbook NOT any other document) is 100% binding. The company is bound to that language (the "clear language" standard), and if they don't follow it you can arbitrate it. If the agreement is silent, then really the company can do whatever it wants. You can always grieve that too, but then the arbitrator will determine what the company should do based on past practices (what has the company done previously on this issue?) and industry norms (what do other companies in similar industries do on this issue?). In my experience, if the company's action is not sustained at arbitration, you usually get pay for time you would have worked during the investigation period.

On a side note: If the CBA really is silent on this issue, then both union and management are idiots. Making sure you cover what happens to employees during investigations is like bargaining 101.

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I don't have any relevant experience, but:  what about escalating to the head of your local and/or through national chain of command within the union?
Also, as stated by majika:  bone up on the collective bargaining agreement; actually read/study what it says about investigations (hopefully it addresses).

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No controlled substance.
Thank you magika & tuphat for your input. Currently they have approved my fmla, so union says it is a good sign. My union rep and her boss have both left voicemails for the investigatory hr boss but no response except a letter has been mailed to me which I have not received till date.

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holicow said:   Currently they have approved my fmla, so union says it is a good sign.

I'm going to say, "no." You and your union are doing yourself no favors. The FMLA has just caused an "able and available" issue. You've probably just killed your chances of getting money from UI. Because you're already out of work, you didn't need FMLA. You have all the time in the world right now to take care of your personal business.
  

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