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wrongful termination ?

Discussion in 'Trucker Legal Advice' started by deary, Jan 30, 2015.

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  1. Jan 30, 2015 #1
    deary

    deary Bobtail Member

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    Jan 30, 2015
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    I have a big ? My husband and I leased on to a company for several yrs. now. Husband received a police report of an private property , no witness, accident. Police officer was called, information shared, no witness to said accident. Report states officer believes husband hit the vehicle because bumper of truck was (in his opinion the right height) No damage done to tractor bumper, no visiable signs anywhere on tractor. So the problem here is he has been terminated because of this report, no citation given. Company we drove for terminated lease, and in the process terminated co-driver (me). I have asked said company if I could lease our truck on with them in my name, hire another driver. Was told no, that I might sneek husband back in the truck. My MVR is spotless, My CSA is spotless, I am or was a qualified driver for said company. But because the said company terminated husband, they consider me as resigning. This came from the said safety dept. Queen. I feel I should be judged by my record alone, and not grouped with someone else record. Does these seem like discrimination to you? I don't use that word lightly. The said company, told me I could apply again in a yr. In the mean time no job, no money,not right.
     
    deary, Jan 30, 2015
    deary, Jan 30, 2015
    #1
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  3. Jan 30, 2015 #2
    Gunner75

    Gunner75 Road Train Member

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    Doesnt sound like discrimination to me, it sounds like the company covering their bases because they probably have had other drivers do as they think you might do. Question is, why not just lease onto a different company? There are quite literally thousands of them
     
    Gunner75, Jan 30, 2015
    Gunner75, Jan 30, 2015
    #2
  4. Jan 30, 2015 #3
    bubbagumpshrimp

    bubbagumpshrimp Medium Load Member

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    What were the terms of your lease? I would put money on it that a scenario like this would be covered in the fine print of your contract. And no...this does not sound like a case of discrimination.
     
    bubbagumpshrimp, Jan 30, 2015
    bubbagumpshrimp, Jan 30, 2015
    #3
  5. Jan 30, 2015 #4
    deary

    deary Bobtail Member

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    Jan 30, 2015
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    Really.............
     
    deary, Jan 30, 2015
    deary, Jan 30, 2015
    #4
  7. Jan 30, 2015 #5
    crzyjarmans

    crzyjarmans Road Train Member

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    On the business end, I can understand their reasoning, not saying it's right, but your his wife, case in point, your description of "said accident" defending your husband, but that's what you should do, defend him, that's what a spouse does, lots of companies when hiring teams, one has an accident, both drivers are released, sorry, but I don't see a winnable case here, now? Company has report on accident on your husband, here's a question, why did the officer place his name on report? Why not both, sense no witnesses, how did he determine he was at fault? You might have a case with the police dept., if what you state is true, no evidence Of damage to truck, no witness supporting officer claim, you might be able to get that thrown out, best of luck
     
    crzyjarmans, Jan 30, 2015
    crzyjarmans, Jan 30, 2015
    #5
  8. Jan 30, 2015 #6
    Saturday

    Saturday Medium Load Member

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    Take your truck and lease on with Farm2fleet. You'll probably end up banking more money there anyway.
     
    Saturday, Jan 30, 2015
    Saturday, Jan 30, 2015
    #6
  9. Jan 30, 2015 #7
    bubbagumpshrimp

    bubbagumpshrimp Medium Load Member

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    This was a business decision that was based on: 1. An alleged accident occurring, and 2. Two people being signed jointly onto a lease. This sound like a contract law issue...not a discrimination issue. As I said...I'd put money on it that within the body of your lease contract...there's a clause regarding what happens if one or more of the lease signers are no longer able to fulfill their obligations.

    As for them saying that you'd just sneak him back into the truck...they probably would have said the same thing if the two people on the lease were: brothers, sisters, veterans/battle buddies, etc.
     
    bubbagumpshrimp, Jan 30, 2015
    bubbagumpshrimp, Jan 30, 2015
    #7
  10. Jan 30, 2015 #8
    double yellow

    double yellow Road Train Member

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    Do you own the truck?
     
    double yellow, Jan 30, 2015
    double yellow, Jan 30, 2015
    #8
    Victor_V Thanks this.
  11. Jan 30, 2015 #9
    Trckdrvr

    Trckdrvr Heavy Load Member

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    Dec 25, 2010
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    I would be having a conversation with that cops boss..
    No witness to accident and no damage to tractor?

    What is this cop claiming to be psychic?

    Does his boss have any idea that his report basically put you out of business?
     
    Trckdrvr, Jan 30, 2015
    Trckdrvr, Jan 30, 2015
    #9
  12. Jan 30, 2015 #10
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

    10,366
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    Curious……were you in fact, at that location the Cop says you were ?
     
    Allow Me., Jan 30, 2015
    Allow Me., Jan 30, 2015
    #10
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