(December 3, 2014) A U.S. Postal Service temporary non-career employee (casual) was terminated after being transported to a medical facility for treatment of a workplace injury. The U.S. Department of Labor has filed a lawsuit (last month) against the Postal Service on behalf of the employee at the Sharonville facility. The lawsuit seeks restoration of lost pay and benefits totaling approximately $9,000.
note: the article stated the employee was a mail handler which is incorrect.
“The Postal Service terminated this employee for working unsafely, despite statements from co-workers and witnesses contradicting that story,” said Nick Walters, regional administrator or the Occupational Safety and Health Administration in Chicago. “No worker should be subject to such treatment. The department will do everything to prevent this type of unlawful retaliation.”
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The following information was taken from the actual court case:
The casual employee was employed by USPS from November 19, 2012, through March 13, 2013, as a temporary, non-career employee at the Facility.
On March 9, 2013, the casual reported a work-related injury to her supervisors. The injury occurred while the casual was on duty, unloading materials from an over-the-road (“OTR”) container onto a conveyor belt. The door to the OTR next to the casual unexpectedly came down, hitting the casual on the head.
As a result of the work-related injury, on March 9, 2012, the casual was transported by one of the supervisors to the hospital, where the casual sought medical treatment.
On March 13, 2013, USPS conducted an accident review meeting. Thereafter, USPS determined that the casual had violated a policy on safe work practices, though no specific safety rule was cited.
On March 13, 2013, the casual was terminated for allegedly working unsafely. USPS did not cite any grounds for the termination other than the casual’s involvement in the March 9th accident. On or about March 20, 2013, the casual lodged a formal complaint with the Secretary, Department of Labor.
note: The website to file an OSHA retaliation complaint is http://www.whistleblowers.gov. Employees have only 30 days to file an OSHA retaliation complaint after an adverse action.
Same old b s. Supervisors management looking the other way but if this employee was a relative of supervisor or manager this incident wouldn’t be news at all as nepotism is a problem in the postal service I know work for them 34 years
She was an MHA, the new casual,which explains why they fired her, which they can do contractually any time they want and has no due process rights that careers do. Good for her that OSHA stepped in and she should be re-instated.
Just following the court records. Normally they identify employees as assistants or pses. But it does not mean the record is correct. PSES, CCAS, MHAs and RCAs are in their respective bargaining units and enjoy more union protection. Mail Handler, the employee worked for USPS from November 19, 2012, through March 13, 2013. The MHAs were created with the contract starting Feb. 15, 2013.
PSE clerks DO have just cause and due process rights. I would think MHAs have them also, unless somebody dropped the ball.
I believe you are incorrect Joey Joe, MHA’s, CCA’s and PSE’s can become union members,but don’t have the same contractual protections as career employees. If there is a 90 day probation period for them, that doesn’t mean they can’t still be fired on a whim by a supervisor.
Could have waited until their 90 days was up and not rehire, instead let’s be gung ho and bring on a lawsuit.
Could have waited until their 90 days was up and not rehire.
Not a news, they always treat workers in a hostile manner.