I have been searching the net for the last 4 days and i have only came across one case minutely similar to mine.
I was rehired after an MSPB settlement. I am under an LCA and it states that I am held to the ELM. Since my return in March 2015, I have had this one manager harassing me. Threatening me with violations according to my LCA (Last Chance Agreement). I have a total of 12 years of work service.
In July 2015 I did a large route to quick. I just felt fatigued. So i went home and woke up in sever pain the next day. I just figured i had pulled something in my foot. So upon my return to work the next morning I immediately went to my supervisor and told them that i must of hurt myself at work the day before. Well the station manager, not even my supervisor. Wrote me up for failure to immediately notify them of a traumatic injury. This case was settled under one condition. That i drop my EEO claim against them. It was either go through the legal process or just settle it. So i did.
Even though i dropped my EEO claim there was 27 people that had signed my paper work regarding this manager that was harassing me. So the HR team sent an investigator down to see what was going on. The lady that did the investigation was shocked and appalled what was happening. So she sent her report up to the higher HR people. I have request a copy of the report, the union has, even the EEO rep in the office has. No one has prevailed in getting this report.
So i transferred away from the bully supervisor. Life was good. Well then he got transferred over to the office i work at as station manager again. So on Feb 27th 2016 i strained my knee a little. This happened around 1245pm. I continued my route completed it and on the drive back to the office my knee was throbbing. So when i went into the office i reportedly what happened how i twisted it. That i did not seek medical attention at this time. I continued working for 17 days after the incident and the written statement. Nothing was ever said or done about the failure to report immediately. March 17th 2016 i notified my supervisor my knee had gotten worst and was swollen so i filed a workman's comp claim.
I was off for about 2 weeks through rehab and everything. I went back to work full duty and a couple days later on April 4th 2016 i was called up front for an Investigative interview. I explained to them that i didnt realize i was hurt during the day. That i felt i reported it immediately. On April 21 2016 I was given a proposed removal. The removal states that i failed to notify management immediately of an injury and that i hindered their ability to allow medical treatment and investigation. Which caused a failure in my duty as a carrier to carry out my duties. Which violates my LCA since it states that under the ELM.
The facts i did find are as follows:
1. The discipline was untimely. If it was a sever act and hindered the postal operation then i should of been written up within days of the injury report.
2. OSHA itself expresses concerns on companies disciplining employee's for reporting injuries even if they have a time restriction. Since injury reporting is an employee's right. And disciplining employees just because of reporting an injury is discrimination and illegal. OSHA also recognizes that employees shouldnt be punished for injuries they might not know they had sustained (since injuries can take time to set in)
3. 2 injuries at the same office in the last 2 months. The individuals did not even give written statements of what happened and both employees said they continued to work until they realized they were injured.
I feel my best chances are to file an EEO and have an arbitrator preside over it instead of the MSPB since the MSPB win rate for employees is below 3%.
If there is anything else anyone can off or help with please comment. Thank You
I was rehired after an MSPB settlement. I am under an LCA and it states that I am held to the ELM. Since my return in March 2015, I have had this one manager harassing me. Threatening me with violations according to my LCA (Last Chance Agreement). I have a total of 12 years of work service.
In July 2015 I did a large route to quick. I just felt fatigued. So i went home and woke up in sever pain the next day. I just figured i had pulled something in my foot. So upon my return to work the next morning I immediately went to my supervisor and told them that i must of hurt myself at work the day before. Well the station manager, not even my supervisor. Wrote me up for failure to immediately notify them of a traumatic injury. This case was settled under one condition. That i drop my EEO claim against them. It was either go through the legal process or just settle it. So i did.
Even though i dropped my EEO claim there was 27 people that had signed my paper work regarding this manager that was harassing me. So the HR team sent an investigator down to see what was going on. The lady that did the investigation was shocked and appalled what was happening. So she sent her report up to the higher HR people. I have request a copy of the report, the union has, even the EEO rep in the office has. No one has prevailed in getting this report.
So i transferred away from the bully supervisor. Life was good. Well then he got transferred over to the office i work at as station manager again. So on Feb 27th 2016 i strained my knee a little. This happened around 1245pm. I continued my route completed it and on the drive back to the office my knee was throbbing. So when i went into the office i reportedly what happened how i twisted it. That i did not seek medical attention at this time. I continued working for 17 days after the incident and the written statement. Nothing was ever said or done about the failure to report immediately. March 17th 2016 i notified my supervisor my knee had gotten worst and was swollen so i filed a workman's comp claim.
I was off for about 2 weeks through rehab and everything. I went back to work full duty and a couple days later on April 4th 2016 i was called up front for an Investigative interview. I explained to them that i didnt realize i was hurt during the day. That i felt i reported it immediately. On April 21 2016 I was given a proposed removal. The removal states that i failed to notify management immediately of an injury and that i hindered their ability to allow medical treatment and investigation. Which caused a failure in my duty as a carrier to carry out my duties. Which violates my LCA since it states that under the ELM.
The facts i did find are as follows:
1. The discipline was untimely. If it was a sever act and hindered the postal operation then i should of been written up within days of the injury report.
2. OSHA itself expresses concerns on companies disciplining employee's for reporting injuries even if they have a time restriction. Since injury reporting is an employee's right. And disciplining employees just because of reporting an injury is discrimination and illegal. OSHA also recognizes that employees shouldnt be punished for injuries they might not know they had sustained (since injuries can take time to set in)
3. 2 injuries at the same office in the last 2 months. The individuals did not even give written statements of what happened and both employees said they continued to work until they realized they were injured.
I feel my best chances are to file an EEO and have an arbitrator preside over it instead of the MSPB since the MSPB win rate for employees is below 3%.
If there is anything else anyone can off or help with please comment. Thank You
Getting Fired: Fired for Not Immediately Reporting an Accident
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