Update: July 17, 2007
Western Union hired my daughter back to avoid EEOC issues. After the EEOC case was discharged, Western Union terminated my daughter. More details later...
Update: November 21, 2006
Is Western Union violating labor laws?
My daughter reports she has been working from November 13, 2006 through November 20, 2006 without a day off. Her off day was Friday, November 17, 2006. Western Union called her to work on her off day, which she worked from 9:00 am to 1:00 pm. My daughter reports she is also scheduled to work November 21, 2006 through November 30, 2006. She took November 21, 2006 off due to her disability (which is having no control over her bowels, which comes from her digestive disease which was reported to Western Union upon her return and before she was terminated).
On November 21, 2006 at approximately 1:30 pm my daughter reports she received a conference call from Ms. Paula Hearns, Western Union Director of Human Services and Ms. Monica Anderson, Western Union's Vice President of Human Services. Ms. Anderson stated "what can we do for you to resolve this attendance matter." My daughter informed Ms. Anderson that she had 3 children and she needed them to take away the 5-day suspension for October, because the absences were due to her disability. My daughter reports she was crying while making this statement. My daughter reports Ms. Anderson responded to the crying stating "don't get emotional on us Carolyn." Ms. Anderson told my daughter it was nothing she could do about the 5-day suspension. This is an outrageous.
My daughter reports Ms. Anderson stated she believed my daughter's absences were due to exhaustion. Ms. Anderson informed my daughter that she looked over her attendance to see how many days she had been working and determined my daughter may have been absent due to exhaustion. Does this mean Western Union works people beyond the Labor Law limit knowing exhaustion can come from it?
Ms. Anderson requested my daughter get a letter from a doctor to limit her hours of work. My daughter reports she has attempted to bring doctor's reports in the past for her disability, which have always been rejected as a ligitimate excuse by Western Union. My daughter informed Ms. Anderson she would attempt to get a doctor's letter to limit her hours.
My daughter reports Western Union takes monies from her check every payday for long-term disability. My daughter has inquired when can she get her long-term disability money because she was off for 6 months. My daughter reports she has not received an answer.
Update: November 18, 2006
November 18, 2006
First Data Corporation, Western Union
Mr. Henry C. Dugues, CEO & Chairman
6200 South Quebec Street
Greenwood Village, Colorado 80111
Re: Carolyn Nance – Operator 684 – Bridgeton Missouri Office
Mr. Dugues:
I wrote on January 22, 2006 regarding this issue with my daughter, Carolyn Nance. I am respectfully grateful your company allowed her to come back to work, supposedly without any form of discrimination and retaliation. Sir, I believe your employees are discriminating and retaliating against Carolyn for having a disability and my writings.
Carolyn reports to me, as she has been told by your employees:
That your company has no policy adhering to those in the workplace with disabilities, even though there are clear government guidelines.
That because she has been absent due to her disability your company has implemented its 5th step against her in November of 2006 for the month of October 2006.
That she has been absent 4 times in the month of November 2006 due to her disability, which may result in further discipline in December 2006, up to and including termination.
Carolyn reports when she went back to work, your company started her at the “step” her superiors terminated her from instead of starting her from a place where future absences due to her disability would not create harm to her.
Sir, I thought your office had officially sanctioned my daughter’s safe return to work. I thought your office had agreed with Carolyn that she would be safe from discriminatory practices, such as disparate impact and treatment, reverse discrimination, along with a safe return without the presence of a hostile work environment.
Sir, please respond favorably to my daughter’s plight and relieve her from the onslaught of discriminatory practices from your employees.
Thank you,
Fred Nance Jr., ABD, MA, CADC, NCRS
cc: http://clickforjusticeandequality.blogspot.com/
file
Update: March 22, 2006
On March 22, 2006 my daughter, Carolyn Nance, called me reporting her union representative, President Earline Jones of Communication Workers of America, Local 6377, informed her her employer, Western Union was reinstating her employment, giving her 15 weeks back pay, and returning her medical coverage for her and her children. The only drawback to this wonderful news is my daughter has to return to work on Friday, March 24, 2006.
My daughter informed Ms. Jones she is still recovering from her surgery, which left an open wound 14 inches wide and 8 inches deep. This wound is cleaned by a professional nurse daily, who comes to my daughter's home. My daughter is also wearing a bag she uses for her human waste.
Ms. Jones informed my daughter she needs to get a doctor's statement about her recovery, come into work on Friday, and allow them to register her on disability from her employment. My daughter called her physician awaiting his response to this request.
I thank God for this response from Western Union. It appears there is a corporation in our social world who knows how to avoid costly adversity in a situation such as described below. I have renewed hope in Western Union keeping its promises to its employees.
As of March 3, 2006, My daughter, Carolyn Nance, has not heard anything from Western Union. Carolyn reports her union representative has given her a copy of a letter reporting Western Union is supposed to respond in 2 weeks, which is March 3, 2006, to her complaint for reinstatement of her employment, back pay, and medical insurance. Carolyn will be sending me a copy of the letter. I will post it when I receive it.
Carolyn also reports she was examined and informed she should have further surgery on March 6, 2006. Carolyn reports when her physician found out she no longer had insurance, they cancelled her surgery appointment. Western Union will be liable for damages if she falls ill because of this rejection of medical services.
FIRST DATA CORPORATION IS THE PARENT COMPANY OF WESTERN UNION
January 22, 2006
First Data Corporation
Western Union
Mr. Henry C. Dugues, CEO & Chairman
6200 South Quebec Street
Greenwood Village, Colorado 80111
Re: Carolyn Nance
Mr. Dugues:
I, Fred L Nance Jr., am writing this letter in behalf of my daughter, Carolyn Nance. Carolyn Nance worked as a Call Center Representative for Western Union, 13044 Hollenberg, Bridgeton, Missouri. Carolyn reports she was terminated from employment because she went over her “step process” due to illness. Carolyn presented a doctor’s excuse for every absence with instructions upon returning to work.
Carolyn reports she was out sick for approximately 5 weeks under doctor’s care in May of 2005. Carolyn reports she came back to work, against doctor’s orders, in June of 2005 because your Human Resource department (HR) demanded she return to work or face termination of employment.
Subsequently, Carolyn took ill again in August of 2005. Carolyn presented a doctor’s excuse and report stating she needed to be off for “medication adjustment.” Your HR department informed her it was not a good time for her to become ill and take off work. Carolyn came back to work in September of 2005.
Western Union HR manager, Paula Hearns, informed Carolyn the Hartford Group makes decisions on how long a person stays out on sick leave. HR informed Carolyn her sick leave was not excused even though she presented a “legitimate” doctor’s excuse.
Carolyn reports Western Union has a “step process” for employment termination, that is, verbal, written, 3-day, and 5-day suspension. Carolyn reports she has received each one of these steps in writing, but has never been “suspended.” Carolyn reports another male employee Mr. Jason Durham had a 5-day suspension and was terminated. Carolyn reports Mr. Durham was reinstated to employment the next day.
On or about November 7, 2005, Carolyn was informed by Ms. Paula Hearns she was terminated from employment with Western Union because she went over her “step process.” Carolyn is currently homeless because of this termination. Carolyn entered DePaul Health Center, Bridgeton, Missouri on or about December 31, 2005 for medical issues directly related to the above reported illness to your company.
Carolyn has had surgical procedures, such as a Hysterectomy at DePaul Health Center due the illness reported in the letters submitted to her Western Union supervisors and HR from her medical doctors. Again, Carolyn is homeless. Carolyn has custody of her two (2) children, which one has Asthma. Carolyn does not have any health insurance for children or herself. Carolyn’s children have been disjointed and dislocated from their home, living temporarily with their paternal father. As of January 20, 2006, Carolyn’s children have not been in school. Sir, harm has been committed.
Therefore, I respectfully request an immediate investigation into this matter. Carolyn will become proactive in this investigation by contacting and filing a complaint with the Department of Labor and the Equal Employment Opportunity Commission. Carolyn will also provide the documentation and more personal detailed information to each entity, as well as provide the information to your office, if necessary, which she previously provided to HR of Western Union, Bridgeton, Missouri.
While these processes are proceeding, I respectfully request the following action take place: Carolyn’s immediate reinstatement of employment with Western Union; salary payment from time of termination to reinstatement; medical insurance reinstated; and whatever else you deem necessary and appropriate for the mental anguish, disenfranchisement and indifferent treatment suffered by and through the Western Union personnel located in Bridgeton, Missouri.
Mr. Dugues, I am doctoral candidate in Human Services with a focus on Social Policy Analysis and Planning. I address issues for the socially disenfranchised and disadvantaged. This writing and any future writings with supporting documentation will be published and posted on my website at http://clickforjusticeandequality.blogspot.com/.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
cc: http://clickforjusticeandequality.blogspot.com/
