Legal Remedies - Sue Individuals, not Companies

Discussion in 'Trucker Legal Advice' started by MarcelFrench, May 13, 2009.

  1. MarcelFrench

    MarcelFrench Bobtail Member

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    May 31, 2008
    Montreal QC
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    That's right. It's time for drivers to keep LOGS OF ABUSES, over a period of at least a year. Keep a separate 80-page school-kid notebook for every single time you are out on the road. When you get home, give it to your wife. Have her take it to a law office and NOTARIZE it. Accumulate 20 or so of these NOTARIZED Log-Diaries.

    This goes for Rookie-Trainees, as well as for Solo Drivers and O/O's and Teams.

    Always put the first and last name of the individual at the trucking company who is abusing you. Highlight that name in color throughout the notebook.

    Use different colors for different individuals. That will make it easier for the end-of-the-year analysis.

    You can do this during all those hours of waiting in the truck, ok?

    Keep the notebooks in a LOCKED BRIEFCASE. Don't show them to anyone except your wife when she goes to have a notebook notarized.

    At the end of the year, turn the notebooks over to an attorney, whether you are still with the company or not.

    Write things down like conversations, lies, pressure, threats, intimidation, service bay comments - anything and everything. Later on, the whole picture will come into focus, and every piece of separate evidence is important.

    Believe me, abuse in a job situation does not have to be sexual in nature. There are laws which can be enforced in a civil proceeding.

    Some of these dispatchers, driver managers, service managers, and whoever behind a desk can be sued and individually face the high legal costs of defending themselves.

    You will be told on this thread in reply that the individual employee of the trucking company cannot be sued, but only the company. That is not true.

    Spread this advice around to other truckers. There is only one way to break the back of this system, and that is to make the 'enforcers' who oppress you for a better salary than you receive, and who get to sleep in their own beds at night -- make them squirm. Make them lose THEIR house.
     
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  3. psanderson

    psanderson Road Train Member

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    Oct 13, 2008
    Moline, Illinois
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    Do these forms of discrimination fall under sexual, religious, age, gender, national origin. disability, pregnancy, race, or what?

    That's all that constitutes discrimination in the U.S.
     
  4. shredfit1

    shredfit1 Road Train Member

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    Nov 24, 2008
    MN
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    This is all very correct, and one can also sue certain individual Enforcement officials for abusive coercion or malicious charge pandering. Certain states DO NOT recognize County courts as an arm of the state or federal government. Therefore, the defendant(state or federal officer) in this court cannot be granted immunity as a state or federal 'actor'. (ie change the suit from John Doe vs 'Officer' Jim Bean.... to John Doe vs United States(or New Jersey etc...)
     
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