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#1 Guest_JUAN R, AGUILLEN_*

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Posted 21 October 2010 - 05:13 PM

MY NAME IS JUAN AGUILLEN, AND I WAS HIRED BY AMTRAK ON 9-25-2007 AS A MATERIAL CONTROL CLERK. I WAS HIRED BY TODD THOMAS(WAREHOUSE/MANAGER)AND ALSO BY SUE VENTERNELLI(HUMAN-RESOURCES)IN OAKLAND,CALIFORNIA. I WAS HIRED WITHOUT A VALID CALIFORNIA DRIVER'S LICENSE, EVEN THOUGH THE APPLICATION STRONGLY INFORCED IT. I EXPLAINED TO TODD AND SUE THAT I DIDN'T DRIVE,AND THAT I DIDN'T POSSES ONE. THIS IS THE PART I DON'T UNDERSTAND. WHY WAS I HIRED WITHOUT A VALID DRIVER'S LICENSE, AND THEN REPLACED BECAUSE I DIDN'T HAVE ONE ALMOST 3 YEARS LATER. I WAS LOOKING FORWARD OF RETIRING WITH AMTRAK AND WAS VERY HAPPY I HAD A VERY GOOD JOB. I ENJOYED MY JOB SO MUCH, AND MOST OF ALL THE EMPLOYEES(MY CO-WORKERS).MY QUESTION TO YOU IS WHY WAS I HIRED, AND GIVEN HIGH HOPES OF MY FUTURE WORKING WITH AMTRAK, JUST TO BE REPLACED FOR A DECISION SOMEONE MADE DURING MY JOB INTERVIEW? I TRIED TALKING TO MY UNION REPRESNITIVE, AND HE WAS NO HELP AT ALL. THATS WHY I'M WRITING THIS LETTER. I DECIDED TO CHANGED JOBS JUST TO STAY WITH AMTRAK, SO I APPLIED FOR A JOB OPENING AS A "COACH CLEANER" IN SAN JOSE, CALIFORNIA. I WAS TOLD THERE THAT I NEEDED A VALID DRIVER'S LICENSE. THERE ARE EMPLOYEES IN OAKLAND WORKING AS COACH CLEANERS, NOT EVEN 15 MLIES AWAY FROM SAN JOSE WORKING WITHOUT VALID LICENSE. I KNOW 3 OF THEM. I'M 56 YEARS OLD VIETNAM VETERAN THAT HAD A GREAT JOB JUST BE TAKEN AWAY BECAUSE SOMEONE WENT BEYOND AMTRAK POLICIES AND MADE THEIR OWN DECISION TO HIRE ME. I WAS REPLACED ON 2/2/2010, AND HAVE UNEMPLOYED EVER SINCE. I USED TO LOVE GOING TO WORK FOR AMTRAK EVERY MORNING. MY QUESTION TO YOU NOW IS "CAN ANYTHING BE DONE"? THANK YOU VERY MUCH FOR TIME. JUAN

#2 BeckysBarn

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Posted 21 October 2010 - 05:17 PM

Sorry, but this forum is not run by Amtrak. I'm not sure what your next step would be - perhaps the CA Labor Board?
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#3 Guest_jimhudson_*

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Posted 21 October 2010 - 05:20 PM

You need to contact someone higher up in your Union, sounds like your rep is one of those slackers that shouldnt have their job! Also you seriously need to talk with a lawyer dude, and look into the various Governmental agencies in re civil/employment rights, both State and Federal. :help: Also you need to contact your Representatives and the two California senators, Se, Boxer and an d Sen, Feinstein! Somethin doesnt quite jibe with your story, if you are for real dont just sit there,we cant really help you here, only give you ideas. I dont live in California, I do know they have a reputation for pretty good employee rights, and being an election year the politicians should be all over this like a cheap suit! ;) Good Luck! Jim

#4 AlanB

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Posted 21 October 2010 - 06:25 PM

Juan,

I have removed your personal information (phone & address) as posting that in the clear on the internet could cause you problems. I will leave your topic up for all to see and to offer advice, but you'll have to keep checking back here to read any potential advice. I will also point out, as did one of the earlier posters, that this forum is not run by Amtrak. We have no power to intervene on your behalf with Amtrak.

At best, we can give you some suggestions about what to do, but nothing more.

Good luck! :)
Alan,

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#5 Guest_Wildcat_*

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Posted 22 October 2010 - 09:11 AM

This guy's beef sounds fishy for some reason; can't put my finger on it. Also, whoever's in charge of this place should also remove the names the guy (or anyone) posts -- particularly when put in a negative light -- as there's all sorts of opportunity here for a lawsuit by the people named in the post. Whether you like it or not, we all have to be careful about naming names.

#6 ALC Rail Writer

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Posted 22 October 2010 - 11:10 AM

Contact your union representative, but I have a feeling such an obvious measure would have been taken by now.

Employers do silly things like this all the time, it is not a problem unique to Amtrak. Sadly beyond union intervention there is nothing you or anybody can do about it. (Especially people on a train enthusiast forum)

Try going higher up in your union or labor desk, or if you are really intent on fighting this battle, the local media or your local politicians. Sometimes shedding light on what could be considered an unfair labor practice will get results. On the other hand it may be a nasty fight that threatens your ability to seek gainful employment elsewhere. Remember, black listing is still done.

You must do this as soon as possible if you have not already done so, the best of luck to you.

Edited by ALC_Rail_Writer, 22 October 2010 - 11:14 AM.

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#7 George Harris

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Posted 22 October 2010 - 05:14 PM

Alan: There are stil some names in the original post that ought to be removed.

I am also inclined to wonder if something is not quite right here. He says Viet Vet and 56 years old. If that is true, it is just barely. If he is 56 now, he would ahve been 18 in 1972. By that time US troop withdrawal was well under way and combat was essentially over for US troops. (Yes you cold join at 17, but you would not be sent into a designated combat zone, which Vietnam was, until you were 18.)

If he was hired without a drivers license into a job that required one, then it would be interesting to see what is on the employment forms. If he was simply told it did not matter or they ignored the issue, he probably does not havve a leg to stand on. Wa it Mark Twain that said that a verbal contract is not worth the paper it is written on?

#8 had8ley

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Posted 22 October 2010 - 06:46 PM

Another red flag that pops up is how long did he work in his new capacity ("I decided to change jobs")? I may have missed it but RR's can deny your application within 60 days to 6 months, without cause, depending on the RR. The union can do nothing if you are terminated in this time period. I'm not sure of Amtrak's probationary period but each and every time you change jobs, other than a promotion such as A/C to conductor, fireman to engineer or a supervisory position you have to go through the probationary period.This may be the reason your union rep did nothing; his hands were tied.

#9 Dutchrailnut

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Posted 25 October 2010 - 05:03 AM

My question is ? why did you not get your drivers licence in the 3 years that they gave you a break ????

#10 frj1983

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Posted 25 October 2010 - 08:29 AM

My question is ? why did you not get your drivers licence in the 3 years that they gave you a break ????


My thought exactly!

My Wife does not drive, and yet she obtained an Illinois State ID when we moved here 13 years ago. She would never have been able to travel, get a passport, access bank accounts/services or numerous other things without it. I wonder how the OP was able to do anything else without some sort of ID?

#11 Guest_good employees not wanted_*

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Posted 25 October 2010 - 08:41 AM

I must say that a valid form of I.D. is just a sensible responsibility. Of course they allowed you to move to another job, that was their chess move to get rid of you. You must have stepped on some toes somewhere. Sometimes just being a good employee intimidates others and a decision is made to get your gone before you make them look bad. Sounds silly? I don't think so. They idea alone is ridiculous but it's a reality among the employees and managers.

#12 sunchaser

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Posted 25 October 2010 - 12:42 PM

I think you should try contacting Amtrak directly. If you go to their website, under "Amtrak Career Opportunities", you will find this at the bottom of the page.
"If you cannot use or access our online application system, contact us at 202-906-2739 for assistance, Monday through Friday from 8 am to 8 pm ET."
They may be able to direct you or assist you. As mentioned before, this forum is not part of Amtrak. It is a discussion board about Amtrak.
One other thing, if they made it clear to you when you were hired that you needed a Driver's License as a condition of hiring, then you should have gotten one. It seems from what info you have given, that you not having a Driver's License is the issue.




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