hurt at work

[lori516]

that's what is stated in my contract after the first 2 meetings that were held and no decision has been agreed upon the next step is to file a grievance. so am guessing I now have a little more then 2 weeks to file because this coming Friday will be 2 weeks and I have to file within 30 days? I thank you for that info, I will tell you the outcome of my meeting today after you read what my contract states after the first 2 meeting still remain unsolved....

found my union contract and copied and pasted it word for word... this is it below....

6.01 All disputes, differences or grievances arising out of interpretation, application, breach or claim of breach of the provisions of this Agreement shall be settled in the following manner: 26.02 Within two (2) calendar weeks of the occurrence of such dispute, difference or grievance, authorized representatives of the Union and the Employer shall, in good faith, endeavor to adjust such dispute, difference or grievance. 26.03

In the event that the matter is not adjusted in ...the above step, a representative of the Employer charged with the responsibility for labor relations and a duly designated representative of the Union shall attempt to adjust the same. 26.04

In the event the dispute, difference or grievance still remains unadjusted after compliance with the above step, then such dispute, difference or grievance may be submitted to arbitration by either party not later than thirty (30) days after the occurrence to an arbitrator mutually selected by the parties, for an expedited arbitration or to the American Arbitration Association for its designation of an arbitrator, in accordance with its rules, to hear and determine the matter. The decision of the arbitrator shall be final and binding upon the parties. The expenses of the arbitration shall be borne equally between the parties. 26.05 The arbitrator shall not have the authority or power to arbitrate new provisions to this Agreement, or to arbitrate away either in whole or in part any provision of this Agreement, nor shall the arbitrator have the power to add to, delete from, or modify any of the provisions of this Agreement.

 

[lori516]

that's what is stated in my contract after the first 2 meetings that were held and no decision has been agreed upon the next step is to file a grievance. so am guessing I now have a little more then 2 weeks to file because this coming Friday will be 2 weeks and I have to file within 30 days? I thank you for that info, I will tell you the outcome of my meeting today after you read what my contract states after the first 2 meeting still remain unsolved....

todays union meeting.......

They demonstrated by putting 2 rolls taken from the bakery department and walking by the camera that showed me walking by on Aug 12 2016. There point was to show that you could see the rolls in the apron, which when walked by only showed 1 of the 2 rolls. My response was first not all aprons are the same size. Some have deeper pockets then others. I happen to have 3 aprons in my house that have different size pockets. So to say you could see one of the 2 rolls in your demo pr...oves nothing. I then said how about we put the roll that they had that was mine from bringing it inside the store after lunch. The manager took it and put it in the apron pocket and right away the human resource manager said that's ridiculous you can't see the roll because it has shrunk. I said bread doesn't shrink it gets hard and stale but the size remains the same. I wanted that answer because I asked a baker and I also had a roll at home that I kept on the counter and measured it each day and it remained the same size, only thing it did was get harder. I said to her if you thought it would shrink why didn't you put it in a plastic bag to make sure it didn't shrink? No reply to the question. I asked to see the camera that shows customers entering the store and was told that camera doesn't work, my reply was or it does and it'll prove that I had rolls in my pockets when entering the store. I told them at the last meeting after punching in I went down my isle and left the rolls in a box because I realized I forgot to take them out before going back into the store. I went to the bathroom in the back room and they said we can see you eating something from your apron pocket. Suggesting if I had rolls inside them how can I stick my hand in them, I said again I told you at the last meeting that I took them out and left them in my isle, union rep agreed that I said that last meeting. There only evidence on camera they showed was a 1 or 2 second video of me walking around a corner. I said see right there you can see the pocket has something inside it. Not as obvious as the demo of manager with rolls inside because my rolls weren't the same size as the ones they used in there demo. She said no you cant see anything. I said well there inside because I came into store with them. I asked to see a camera view of me leaving the store to go on my break because I said I bet you wont be able to see the rolls and we all know there in my pocket because that's why am here. They didn't show me a different camera to verify me having rolls entering store. A 1 or 2 second video clip is all they provided me and my union rep at todays meeting. Will an Arbitrator rule they don't have enough evidence to say I didn't have rolls in my pocket? That's my only choice left is to take it to arbitration. If I win a grievance does the company have to pay me back pay from the day I was suspended. Also will they also have to pay my legal fees if I have to hire my own attorney to fight this termination...

 

[ElleMD]

No one can predict what the arbitrator will decide, nor can we predict what might be awarded if you prevail.

 

[army judge]

I've been told that prior grievances that employees who won were paid back pay. not sure if anyone hired there own attorney's to defend themselves, but I feel more comfortable hiring someone am paying to defend me then a union lawyer who am already uncomfortable dealing with. I think my chances of someone fighting for me is stronger if am paying him. I seen so far there video evidence and if that's all there gonna have to accuse me of stealing, then wow am shocked. There little demo didn't prove anything other then there not very smart. They didn't even consider that the company has different aprons with different style pockets. I already made a video showing how my apron when worn doesn't show if there's anything inside it and there apron they had you could clearly see something sticking out of it. They have no video of me taking the item, they have no video of me entering the store, which to me would be the most important video if your basing your claim on me not bringing it into the store. We will see as am gonna to serval Lawyers today to discuss my case. Thanks

My friend, remember the last time, right?
Please fro your sake, no matter what happens, don't be anything less than flawless in whatever you do.
Don't give the "man" any reason to doubt you.
I wish you all the best, and let us know how this event plays out.
Much success and luck as you venture forth in defending yourself.
For my money, they have nothing.
But, they are watching you, and will continue doing so.
The saddest thing, this nonsense began (this time) over some baked goods.
Don't give them the gun and the ammo to assassinate you with, my friend.

 

[lori516]

My friend, remember the last time, right?
Please fro your sake, no matter what happens, don't be anything less than flawless in whatever you do.
Don't give the "man" any reason to doubt you.
I wish you all the best, and let us know how this event plays out.
Much success and luck as you venture forth in defending yourself.
For my money, they have nothing.
But, they are watching you, and will continue doing so.
The saddest thing, this nonsense began (this time) over some baked goods.
Don't give them the gun and the ammo to assassinate you with, my friend.

Judge I always admire your advice. Once again I feel as though am fighting for my job and my union rep sits by and does nothing. All I get out of the meetings with the company is information to defend against what they have. All I see is a lot of broken cameras in the store. I felt like I was in a kanagaroo court with some manager putting on a apron with the pockets stitched close together and 2 rolls sticking out of the top. Where as my apron which now am really glad I didn't leave when security came down the first day because my apron proves you cant see when you have rolls in them. I started talking to mental health services and as you said Judge they have lots of free clinics and services. Am still waiting on unemployment to say if am gonna get it. My pain came back after driving 50 miles to the meeting yesterday, it had subsided a little I guess because I haven't done much the past 2 weeks but am afraid if I return to work it'll be a problem, i'll cross that bridge when I get there. Judge thanks for everything you do. Your a blessing. I will let you know the outcome as for now I think i'll keep quiet and start discussion with my Attorney. Have a great day Judge

 

[lori516]

My friend, remember the last time, right?
Please fro your sake, no matter what happens, don't be anything less than flawless in whatever you do.
Don't give the "man" any reason to doubt you.
I wish you all the best, and let us know how this event plays out.
Much success and luck as you venture forth in defending yourself.
For my money, they have nothing.
But, they are watching you, and will continue doing so.
The saddest thing, this nonsense began (this time) over some baked goods.
Don't give them the gun and the ammo to assassinate you with, my friend.

Good Morning Judge, I got a call from my Union Rep today and was told i was returning to work tomorrow. How about that...... Same store and she said am lucky to have a job. Oh really... How about my injuries i was gonna say. Not sure i wanna or if i should return. Any advice,

 

[army judge]

Good Morning Judge, I got a call from my Union Rep today and was told i was returning to work tomorrow. How about that...... Same store and she said am lucky to have a job. Oh really... How about my injuries i was gonna say. Not sure i wanna or if i should return. Any advice,

That's NOT news to me, mate.
From your recitation of events, I suspected they'd have to give up the ghost on this one.

Why?

You got accosted, and the "proof" they thought they had went "poof".

Next time, there will be a next time, they'll be more clever.

You have to be cleverer! LOL


Why not return?

You can work a week, a month, then resign in dignity.

While you're working follow the rules as if you wrote them, obey their rules scrupulously.

Whatever you do, do it with 110% accuracy.

After a couple weeks, or so, debate your options.

It's better to resign, than leave under a cloud of suspicion.

As I said previously, don't skirt any of their rules, it'll make you feel better about your work.

At some point in our lives, we can't comply with the demands of others.
We only want to be left alone.
If you're there, leave with dignity, leave on your terms.

Beating the man isn't easy, but even the best of us can't keep batting 1.000!

Good luck, mate, let us know when you make your ultimate decision.

 

[lori516]

That's NOT news to me, mate.
From your recitation of events, I suspected they'd have to give up the ghost on this one.

Why?

You got accosted, and the "proof" they thought they had went "poof".

Next time, there will be a next time, they'll be more clever.

You have to be cleverer! LOL


Why not return?

You can work a week, a month, then resign in dignity.

While you're working follow the rules as if you wrote them, obey their rules scrupulously.

Whatever you do, do it with 110% accuracy.

After a couple weeks, or so, debate your options.

It's better to resign, than leave under a cloud of suspicion.

As I said previously, don't skirt any of their rules, it'll make you feel better about your work.

At some point in our lives, we can't comply with the demands of others.
We only want to be left alone.
If you're there, leave with dignity, leave on your terms.

Beating the man isn't easy, but even the best of us can't keep batting 1.000!

Good luck, mate, let us know when you make your ultimate decision.

Thanks Judge... Hopefully i can do the things you said..... All i ever wanted was to be left alone and be another employee. Am so thankful that there's a site as this one that allows common people to come to and seek help and advice regardless if its a legal matter or not. Most moderators on here are to uptight and only speak in legal terms, and am aware its a legal site but you get it judge. I thank you for your service. I read your post helping out a fellow serviceman and i am happy to say my Dad would be thankful for you helping me. Have a great day Judge.....

 

[army judge]

Thanks Judge... Hopefully i can do the things you said..... All i ever wanted was to be left alone and be another employee. Am so thankful that there's a site as this one that allows common people to come to and seek help and advice regardless if its a legal matter or not. Most moderators on here are to uptight and only speak in legal terms, and am aware its a legal site but you get it judge. I thank you for your service. I read your post helping out a fellow serviceman and i am happy to say my Dad would be thankful for you helping me. Have a great day Judge.....

Thank you for the kind words, you're most welcome.

In fairness to all my colleagues here, and our terrific site owner, we're all different.
All of us try to help others.
Our owner, LawProfessor, tolerates our eccentricities.

The differences you observe are personality based.
We all are unique human beings.
I believe all of us wants to help others.
Its like a small, crazy family.
We may disagree, but we don't hate each other.

I try to help where I can, with what I've learned throughout my life.
In the military I was a judge, prosecutor, defense counsel, Staff Judge Advocate, General Staff Judge Advocate, and even Defense Attache to Australia.

Of all those legal roles, I loved being a defense counsel best.
Whenever anyone would ask me. How can you defend some of those guilty scumbags?"
My stock reply would be, "They're innocent until proven guilty, and our constitution mandates such, as well as their right to counsel."

That's why I don't ever want to know, nor do I ever ask, if my client "did the deed".
Ethically, morally, I couldn't defend such a client.

 

[army judge]

My Dad thought you'd appreciate it.....
View attachment 1017

Thanks so much for that story.

Whenever anyone asks me about that time in my life, and those patriots and heroes I fought and died with, all I can ever say is this Dickens quote:




It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way--in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.




It has been decades since I was there, yet it all remains with me today.
That war, those patriots, the Vietnamese people and their desire to be free, made it all worthwhile.

I see that M1917 Revolver (.45 Cal) your pops was packing.
I can't tell if it was the Colt version or the version made by Smith & Wesson.
Nice weapon, but I packed the standard M1911(.45 ACP).
Those were the days, mate, were they ever the days.
Four very wonderful, but terrifying years.
Thanks for sharing.

 

[lori516]

Thanks so much for that story.

Whenever anyone asks me about that time in my life, and those patriots and heroes I fought and died with, all I can ever say is this Dickens quote:




It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way--in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.




It has been decades since I was there, yet it all remains with me today.
That war, those patriots, the Vietnamese people and their desire to be free, made it all worthwhile.

I see that M1917 Revolver (.45 Cal) your pops was packing.
I can't tell if it was the Colt version or the version made by Smith & Wesson.
Nice weapon, but I packed the standard M1911(.45 ACP).
Those were the days, mate, were they ever the days.
Four very wonderful, but terrifying years.
Thanks for sharing.

it was a Colt lol I have his AK47 from Vietnam its my greatest gift. It was the Rifle that brought him home. I also got a Rifle he took from the enemy lol i have to say there ak47 was a beauty of a rifle. love there cherry wood color as ours was dark brown. I thank you for your service once again.

 

[army judge]

Sad, but hang in there. One step, one day at a time.

 

[lori516]

Sad, but hang in there. One step, one day at a time.

Happy Friday Judge , well in today's mail i got my workers comp case num. i filed it on Aug 19th online and i guess my company received it on the 29th the same day my union called and said i was going back to work on Tues. Am only guessing that's why they had a bogus complaint from another employee. Of course there not obligated to say who the complaint was from. I was just thankful that i wasn't suspended again. Lol But what they weren't expecting was for me to say i don't think i can make it through the day. I said the first day back i got sick twice and i think its best that i take the day. The Director of Labor looked at my store Manager and he said ya i guess its ok. LOL As soon as i left am sure they called the Man who is been causing all this stuff that's been happening. As soon as i got home the store called but i wasn't fast enogh to get the call and my machine was off. lol I went to the emergency room for the pain from driving to and from work. That's 2 hours sitting in a car with pain. I didn't have the case num yesterday to give the doctors office but i called today and gave it to them. I been getting calls from the insurance provider from my company but again wasnt here or could they leave a message. I return to doctors next week for a follow up. They gave me a note a note to say out for 5 days and follow up next week. I will get me a workers comp lawyer and am gonna look into getting paid the 12 days i was fired. even though she said i wasnt fired i was suspended pending. I said either or but you called me to come back only because i didn't do anything to be suspended and on top of that your Employer grabbed me and caused me this injury. Well i believe in what's right is Right. My Pop fought for a 100% from the service and rightfully so was given it. He taught me to fight for what's right. Sure it be a lot easier to just give in and walk away, but am not and after this is all behind me then i send a card to the person who wouldn't just let it go and let me do my job. Today would of been my parents 60th Anniversary.... Am going to Calverton To Thank Him for Always Being the Father he was. I know its long Judge but heck i got nothing else to do today lol Btw is your Father in Law gonna have that 100th Birthday in Oct? Have a great Holiday

 

[army judge]

Btw is your Father in Law gonna have that 100th Birthday in Oct?

My FIL, sadly passed away 2 weeks ago, today.
He would have been 101 on 30 October.
He was an amazing man.
I loved him dearly.
He stood about 5'2" tall, but was a giant among his peers.
My wife took it hard, but accepted with gratitude that she had him far longer than most have their dads.
Two of his happiest moments, lately, receiving a happy birthday card from Obama on his 99th birthday.
We didn't think he'd make his 100th.
Then receiving one for his 100th birthday, and a call from Obama during his 100th birthday party at the nursing home.

Happy to hear its working out for you.
You weren't my client, but I took a personal interest in your situation.
My clients are 100% satisfied, because I don't lose cases. LOL
All I need to say, is from this moment forward don't dishonor your mms or your pops.
Live your life striving for perfection.
God ness, my friend.

 

[lori516]

My FIL, sadly passed away 2 weeks ago, today.
He would have been 101 on 30 October.
He was an amazing man.
I loved him dearly.
He stood about 5'2" tall, but was a giant among his peers.
My wife took it hard, but accepted with gratitude that she had him far longer than most have their dads.
Two of his happiest moments, lately, receiving a apply birthday card from Obama on his 99th birthday.
We didn't think he'd make his 100th.
Then receiving one for his 100th birthday, and a call from Obama during his 100th birthday party at the nursing home.

Happy to hear its working out for you.
You weren't my client, but I took a personal interest in your situation.
My clients are 100% satisfied, because I don't lose cases. LOL
All I need to say, is from this moment forward don't dishonor your mms or your pops.
Live your life striving for perfection.
God ness, my friend.

Am sorry to hear of your FIL passing but i am glad he did get those 2 things to make him happy at the end. I remembered you saying you were looking forward to his 100th so am glad you and your wife got to see his happiness. I wish you were defending me Judge lol. but in a crazy way u sort of are. I dont cherish fighting for something that i shouldnt even be dealing with but am glad pops taught me how to. I always wanted to be a lawyer and maybe after i settle this mess with my company ill pursue that. I do well defending myself not so sure how much interest id have in someone else. Lol and dont worry Judge my moms and pops is what keeps me going. she has replaced him in ways i never thought was possable but am grateful to have that. I pray she's around for her 100th but she wont be getting a b.day card from Obama haha and hopefully not the trump son lol Good talkin Judge you made me smile with FIL story until next time enjoy the weekend

 

[lori516]

Hi Judge, So my employer denied my workers comp claim, saying i didn't get hurt in the course of work. Also said i was suspended when i claim to be injured. I have a workers comp attorney. I have a pre trial hearing next week. I had a Emg test because i complained of pain in neck. shoulder and lower back pain. The test showed Carpal Tunnel in one hand and mild Carpal Tunnel in my other hand. I havent had my legs tested but am getting it down next week. The Back injury happened at work over 20 yrs ago. I missed work for extended periods 3 times since the injury first happened. yrs 2000. out 5 months again 2005 for 3 months and the last time was in 2011 which was 5 months. My doctor wanted to do surgery when he saw the Mri results. I was against it. My current injury which my Manager caused when he grabbed me should be covered under a prior work injury? The Carpal Tunnel am not sure when or how i got it. Am guessing it was there but i never noticed it because of the back injury i have. My L4 L5 and S1 discs are herinated. I have serve nerve pain down my legs and numbness in buttocks and down leg. My question is will i be given workers comp pay when the Judge hears its a prior injury from work, which my company never denied the claim for the first 3 times i missed work. I don't no if the Carpal Tunnel i have now which is the only medical proof i have as of now. But my past claims should be enough evidence to support my claim i have now. Where do you think i stand at the pre trial hearing next week? lol Will i have to wait another 30 days until the next hearing or is there enough evidence to support my claim without waiting for the Mri or other tests i have coming up. My doctor's bill have been denied as of now. Well i thought i'd update you on my current status. lol Any advice or info you can give me would be greatly appreciated ... Hope all is well with you and yours Judge....

 

[army judge]

The more problems the docs can prove the better your chances for compensation.

Never handicap those things, anything can happen.

It's in your lawyer's hands now.

 

[army judge]

The more problems the docs can prove the better your chances for compensation.

Never handicap those things, anything can happen.

It's in your lawyer's hands now.

 

[ElleMD]

If this is from 20 years ago, what is the status of that claim? If you didn't even know you had carpel tunnel, you are going to have difficulty relating it to work. Did you file a claim for the CT itself? It would fall under occupational injury which is a different standard than for an injury. If your complaints are from that old injury, you need to file to reopen that old claim- if it hasn't already been settled. You will also need some pretty strong evidence that your complaints now are directly related to your injury then. A judge isn't going to sort out what is from which injury. The judge is going to look only at the claim the hearing is on and whether or not the current complaints are a direct result of that claim. If you have an attorney, follow his or her advice.