So... Opinions?
Ex-supervisor sues Postal Service over firing
Branda said he was responsible for accepting bulk mail and packages and making sure they left the dock and moved to the interior of the processing center by 6:30 p.m. In this instance a Netflix driver arrived several minutes after the 6 p.m. deadline with a truckload of more than 20,000 DVDs that had been handled at a nearby shipping center.
Branda said two other late-arriving customers had arrived just ahead of the Netflix truck. All three were told they were late, Branda said in an interview. “If I took the Netflix (shipment) I would have also had to take the others, and would never had been done by 6:30,” he explained.
Branda finished his shift and went home. He later received a call from a Netflix employee, and then a second call from a Netflix executive. They asked him to order the processing center staff to take the DVDs, according to the lawsuit.
“John was told that unless he (took the mailings) they would ‘escalate’ this incident,” said Mark Hodgson, the Spokane attorney representing Branda.
To that point Branda had never had any disciplinary problems working for the postal service, Hodgson noted.
The following day, said Hodgson, Branda’s superiors placed him on administrative leave and later fired him over the matter.
Replies to This Discussion
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Permalink Reply by Sock Puppet on -
Wants to know if all the Netflix staff that were responsible for making the shipment late were fired too...
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Permalink Reply by Alan-Not So Nice Not So Helpful on -
I'm assuming that Branda will win this suit. With a powerful union backing him up, he should get a sizable compensation for wrongful termination.
USPS's BMEUs are very VERY strict and to the letter when it comes to rules. If the rule states that they close at 6pm, then 6pm it will be closed. I can only assume that Netflix was upset that their shipment didn't go out that day so they escalated and called a district supervisor and just like with any other supervisors, they try to appease the customer any way they can and in this case was to make their employee look bad even though the employee was just following their own set of rules.
BS I say.
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Permalink Reply by Spindaddydad on -
Netflix was wanting to get those discs out because of all the complaints they'd certainly receive the next day. Post office opens the doors after hours and opens themselves up for insurance dispute when a Netflix worker hurts himself on USPS property after hours. Everybody thinks they deserve special attention.
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Permalink Reply by Lester on -
Alan brought up the union, and I agree, but what's confusing is why hasn't the union come to his aid earlier. Typically, a governmental employee has the right to an administrative hearing, at which the union would represent him, before any disciplinary action, especially termination, is enforced. Had he been acting in accordance with USPS policy, he could not be fired merely because a customer complained. And now he's bringing an action in a state court? I don't see how a state court would get involved in USPS employment matters.
I suspect that there's another side to this story.
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Permalink Reply by Alan-Not So Nice Not So Helpful on
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Had he been acting in accordance with USPS policy, he could not be fired merely because a customer complained.
If the customer in question brings in millions of dollars of revenue, then you can bet your Liberty stamps that USPS would take action against their own employee.
I can just imagine what happened. Netflix came in late (whether it's a minute or an hour doesn't matter). Clerk says, "We're closed." They complained to the clerk. Clerk calls Branda (presumably the supervisor on duty for that shift). Branda says no. Truck driver hauls DVDs back to Netflix. Netflix has a conniption and calls district supervisor. Supervisor caves in after a minute and profusely apologizes on behalf of USPS and promises to take action. Next day, Branda is fired.
I suspect that there's another side to this story.
It would not surprise me at all if the other side of the story is very similar to what's been reported so far. I've dealt with the USPS for over 6 years now and have seen and been on the receiving end of situations like the above that it would not surprise me at all if it happened exactly as stated.
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Permalink Reply by Lester on
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If the customer in question brings in millions of dollars of revenue, then you can bet your Liberty stamps that USPS would take action against their own employee.
I'd be happy to take that bet. You brought up the union, and as I said, why were these issues not raised earlier? The employee is in a union and also is covered by USPS employment regulations. In any normal course of events, this would be resolved in an administrative hearing. Bringing an action in a state court concerning USPS employment matters is very weird. Do you know of any USPS employee who has brought a wrongful termination suit in state court? The union would not get involved in a state court action.
I can just imagine what happened.
Imagination is useful in creative endeavors, but is harmful in legal matters.
I don't how you can possibly conclude that, when the article that only quotes the plaintiff and his attorney, it is giving a complete picture. This always happens in lawsuits, you only hear one side first. You're projecting your own experience onto the facts. If you do that, you should never be a juror.
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Permalink Reply by Alan-Not So Nice Not So Helpful on
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As I said, why were these issues not brought up earlier? The employee is in a union and also is covered by USPS employment regulations.
There could be a number of reasons why this was not brought up earlier. Since I'm good at projecting my own experiences into the situation, a possible scenario is that upper management tried to sweep this under the rug.
In any normal course of events, this would be resolved in an administrative hearing.
But in the real world, if someone comes in a few minutes after closing and that said person is a huge customer, shouldn't the company grant a one time exception? Believe me (once again from my own experience), what happens inside a bulk mail facility is far from "normal course of events".
You're projecting your own experience onto the facts.
Very true. But since we don't have much to go on with and just making assumptions anyway, then my own experiences should weigh in a bit more than pure conjecture.
If you do that, you should never be a juror.
And miss out on the $40 that they would pay me for that day? Oh the horror of it all. :-)
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Permalink Reply by Lester on
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There could be a number of reasons why this was not brought up earlier. Since I'm good at projecting my own experiences into the situation, a possible scenario is that upper management tried to sweep this under the rug
Management cannot do that by itself, of course, that destroys the whole concept of unions and government regulations. It would have to go to conspiracy theory between the unions and management. Maybe a screen play in the making?
Very true. But since we don't have much to go on with and just making assumptions anyway, then my own experiences should weigh in a bit more than pure conjecture.
OK. It's worth more than pure conjecture, sure. I think it's better to realize that we don't know the whole story at this point.
It seems clear that the facts will be in dispute. And it's very odd that this is in a state court.
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Permalink Reply by Alan-Not So Nice Not So Helpful on
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Management cannot do that by itself, of course, that destroys the whole concept of unions and government regulations. It would have to go to conspiracy theory between the unions and management.
Wow. You have such high hopes and respect for management and unions that anything that doesn't follow regulations is looked at as being a conspiracy theory? I guess if the regulations are there then there's absolutely no possible way that anyone, management or union, would sidestep it.
I think it's better to realize that we don't know the whole story at this point.
I don't think anyone really claimed that they know the whole story. I simply offered my point of view which is that of an insider in the bulk mail business.
And it's very odd that this is in a state court.
What exactly is odd about it being in a state court? How else would you get punitive damages if you don't take them to court? Surely you don't think that an arbiter between union and management can accomplish the same thing that a lawyer can, do you?
Branda felt like he was wronged. He is most likely pissed off at his former employers. He wants to take them to the cleaners.
On a side note, I made the assumption that he was a union member. It is possible that he is not since he is a lead worker. In my other job, all low- middle management and lead workers are not part of the union. The reason for this is that in case the lackeys go on strike, then they can at least have middle management and lead workers for support. Quite brilliant from an upper management's standpoint. Either that or it's another conspiracy theory in the making. :-)
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Permalink Reply by D._ on -
Wow. I think Netflix handled this the wrong way for sure. It isn't good PR for for the company, to say the least, and it was their fault the shipment didn't get there in time. Besides, 20,000 is a large order to process in a half hour anyway. They should have had that sizable amount ready and shipped well before the deadline. Bad move all the way around.
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Permalink Reply by Alan-Not So Nice Not So Helpful on
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Actually, 20,000 pieces, if all is in order shouldn't take more than 5-10 minutes and that includes unloading it from the Netflix truck.
They should have had that sizable amount ready and shipped well before the deadline.
That's true but if it's true that they were only a few minutes late, there might have been unavoidable circumstances that led to them being late. The USPS should be a little bit more flexible when it comes to their rules. Believe me, I have been on the receiving end of this and it is not fun. Having to reload the truck full of mail because the mail I'm dropping off is missing the @ symbol in their return address and makes it unqualified to be a non-profit mailing is far from being fun, let alone the crap I get from my own employers when I get back to the warehouse telling them that the mail that was supposed to go out was rejected and is actually back in the truck again.
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