"I'm gonna bring my gun to work"

[SHRED]

Very sad situation where I work and I need some advice.

A co-worker, and who I consider a friend, has been accused of making threatening statements at work.
We work for a city (public employees).
He has received a packet of restraining orders, a 'Notice of Intent To Terminate Employment", and all documented statements and evidence in accordance with Skelly.

3 coworkers, including his own shop steward, waived their right to have representation present and proceed to place damaging accusations on the record.
They are afraid.

Last fall we had another worker commit suicide on city property. This, coupled with personal and mental health issues, I think, have pushed him over the edge.
He said this and other things out of a state of desperation. He has mental health issues and sees a psychiatrist.
Currently he is on paid "administrative leave" until the Skelly hearing in 2 weeks.
It does not look good for him.

I talked with him yesterday and he said the city offered him a deal that if he resigns of his own volition then none of this will be on the record if he decides to apply for employment elsewhere.
This I find very odd. That the city would be willing to let this guy essentially go elsewhere for employment.
Is he a threat or not? This makes no sense to me.
Or he could fight it and possibly lose therefore having it on his record.

I thought about those two options and counseled him on a possible third option.
My suggestion is that he immediately go on some sort of disability and get treatment. He was open to that. He realizes that trying to save his job is near impossible at this point. I told him to take the paperwork against him to his shrink and tell him that treatment is needed and ask him what kind of safety net can he apply for.
He truly is unfit for work due to his erratic behavior lately.
My thought is that he needs help...period. He has always been a real good guy to me and many others I know but lately he has had trouble and escalates things.

Our workplace, as in most workplaces, can be stressful. Management can be a pain in the butt with their arrogance and bullying but that is no excise for statements such as he is alleged of saying. In light of the other coworker committing suicide they are on edge in management. There is over reacting going on all over the place, by all parties involved.

He denies he meant anything and denies that he was referring to anyone at work.
However, the preponderance of evidence is overwhelming with signed legal statements and restraining orders from Superior Court.
He feels the union has turned their back on him. I am trying to help him but I am late into this. I am a shop steward.

Again, I suggest he seek Disability Leave and get help immediately.

My questions are:
Is this possible?
Isn't it a law (we are in California) that they cannot fire him during this leave?
Would this provide some financial protection and time for him to get help?

If he resigns then I think he would get nothing.
If he fights it appears he will lose big time.

Are the Teamsters obligated to provide him with legal counsel?

Any other suggestions?


Thanks

[no_hypocrisy]

1. The City is offering the deal to make him go away, plain and simple.

They don't want him going postal and co-workers/managers/patrons getting hurt and/or killed. They don't care about future employers. They care about their immediate interests.

He needs interventional counseling ASAP. Given the provocation of his imminent termination, he's likely to "go off". Stay away from him until something definite is done to neutralize the situation --- and always know where the exits are.

The union can help, but again, like the City, it is limited with its options. Unfortunately both parties prefer an expedient resolution instead of a long-term, effective one.

Be careful.

[SHRED]

2. He sees his shrink today

I hope he gets well.
Any advice he needs he can call me and he knows that.
Thanks for the words of caution.
I realize where I stand with him and do not feel threatened at all.
That does not keep me from always staying alert for any changes.

This sucks.

[LiberalFighter]

3. Do you have a servicing rep that services locals in your area?

Does your International Union provide resources to the locals? When you or your local don't know the answer to a situation what do you do? Who do you turn to for assistance?

All unions by law are obligated to provide fair representation. If that is not being done then the local could be sued.

Legal counsel is whoever is his union representative while this is negotiated on company property.

Once he has taken advantage of all his union rights and is not satisfied with the outcome then it is his right to go outside and obtain a lawyer on his own. Now if the courts decide that the union didn't fulfill their duty they may end up paying his lawyer fees in addition to any other judgements.

I don't know what the law is in California regarding this type of incident. Again, contact your outside resources in the union.

[LiberalFighter]

4. Why has the guy made threatening statements?

Has he been harrassed?

I find this to be wrong for a union to go to court and sign legal docs and restraining orders against one of their own.

[Omaha Steve]

5. Since I just went through a Loudermill hearing (same thing)

Representation is required of the union. I had a union rep and the lawyer present for mine. A union can be sued for a week representation by the union.

[LiberalFighter]

7. Confused... did you mean weak or week?

If week then not familiar with it.

[SHRED]

6. Things are looking up

The union, with the permission of the member in question, is working out a "separation agreement".
It looks as if the city will agree to him leaving with unemployment benefits, 6 months of health care, and his good name intact.
I think this is the best for all and he does not want to fight to continue working there.