I work for an independent contractor delivering U.S. mail to rural areas and other Post Offices. My boss and owner of the company insisted from day 1 when I was hired that part of my job is to also: Deliver auto parts to a store in a town where I also deliver mail to the P.O. I am also suppose to pick up samples (blood, urine etc... ) from medical clinics in these areas and bring them back to the yard; so his employee hired to take them in to the labs (out of town) can do so. I know for a fact that when hauling mail/pkgs. For P.O. you are not suppose to be carrying anything but mail. Months ago I hurt my back unloading 2 transmissions - I informed my boss - who said nothing about filing anything on this incident. It has been getting gradually worse - than I did fall (not on job) which of course enhanced the pain. When I asked my boss about workman's comp for this so I can try to get this taken care of - his response was basically: You didn't do it while working for me. When I tried to tell him the initial injury happened working for him (and I'm still delivering transmissions) the fall doesn't come in to it. I called off 1 day during this (last week), my days off are; Sun-Mon-Tue). Yesterday I got a call from another employee (not the owner or his secretary-it was given to someone from a different department even); telling me that I was no longer on the schedule to work. I than called the owner and asked why I was being let go when I had been doing my job. He said that he didn't want to have me hurt myself worse (there are plenty of employees past and present that will say that he does not care about anyone but himself). I said it was wrong so he is having me work this week (training someone to do my job). I told him I am having an MRI next week and will know than what they suggest: therapy and/or surgery. He wants the results of the MRI and a note from my doctor saying I can do my job (70 lb weight limit-as in the postal app requirements). Even if I do this I will still be required to do the auto parts-this won't be put on paper because he doesn't want the U.S.P.S. to know that he is having us deliver other products along with the mail (not just on my route either).

Hello Injured:

I didn't read your entire post, because the reasons you were fired don't matter... Your boss can fire you if he doesn't like the color of your pants.

excon

"I know for a fact that when hauling mail/pkgs. for P.O. you are not suppose to be carrying anything but mail" where did you hear this? Trucks, trains and planes carry mail all the time along with other items. The USPS trucks that deliver to your door must only carry mail. Where is the nearest labor board and what state are you in?

You are not a UPS employee, this is a contractor, that does contact delivery, It is a common practice for them to do other freight and deliveries. I really feel you were misinformed on this.
But if you want, go report him,

My rural mail carrier, a 1099 contract wofrker, was also the person who delivered the news paper and also did a few other pick up and delivery for people on the route
He is a business person, trying to make a living, that often means having two or more contracts for your trucks on the road.

Now the issue, are you a 1099 contract employee, or are you are W2 employee.
This is where the benefits come in.
If you are a contract employee, just as he is with the UPS, then you are not covered under workers comp or even under unemployment coverage.

And if you can not physically do the work, yes he can fire you.

Even working for a contractor, in order to carry mail for the P.O. you must fill out one of their apps and agree to the same rules as a regular mail carrier. You sign papers saying you will agree to their rules. You are delivering mail to peoples mail boxes and outlying post offices. You are not suppose to carry anything in that vehicle except mail. If your initial injury was on the job than file workers comp. - it will be a problem for your boss; because he will have to admit hauling something other than mail. He will probably cover the injury rather that admit he is breaking a federal contract.

Quote:

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Originally Posted by leopard lady

E. You are delivering mail to peoples mail boxes and outlying post offices. You are not suppose to carry anything in that vehicle except mail.

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Can you cite federal law or USPS rules to support that? Also, I'm not sure that the OP is delivering mail to specific addresses, though that is unclear.

It doesn't sound like you are working for USPS. You are working for the contractor who has several contracts, and it isn't clear if you are also a contractor (1099) or waged employee (W2). I suspect that you are a contractor, whether legally in the eyes of the IRS or not. The part about him 'insisting from day one' doesn't make sense - you were free to quit on day one. You agreed to deliver other heavier items. You can try insisting on WC but generally back injuries are given a very tough time and denied unless you hire a lawyer.
You may have some leverage if you find that he doesn't have comp or if you want to 'turn him in' to the IRS for not meeting the requirements of hiring real contractors (subs) to work, which clearly you aren't. One of the top rules is that you have more than one regular source of income, otherwise you are an employee, and he can be in serious trouble (even using your own vehicle and not working in any of his buildings). I know someone this happened to.

Quote:

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Originally Posted by leopard lady

Even working for a contractor, in order to carry mail for the P.O. you must fill out one of their apps and agree to the same rules as a regular mail carrier. You sign papers saying you will agree to their rules. You are delivering mail to peoples mail boxes and outlying post offices. You are not suppose to carry anything in that vehicle except mail. If your initial injury was on the job than file workers comp. - it will be a problem for your boss; because he will have to admit hauling something other than mail. He will probably cover the injury rather that admit he is breaking a federal contract.

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This is the OP, he created a new user name, and answered his own question with the answer he wanted to hear.

Not sure if it is funny or sad that someone would do that to see a post.
Anyway, OP is issued a warning, second person is banned and this post closed for site violations