A driver who refused to drive under unsafe conditions last year was fired by his company soon after. The Department of Labor has just ordered the carrier who fired him to reinstate him and pay him $123,203 in back wages, punitive damages and attorney fees.
The company, Absolute Waste Removal, fired the driver in February of 2013, violating the Surface Transportation Assistance Act. The driver reported the violation to OSHA who found the carrier had violated federal anti-retaliation laws.
The carrier was ordered to pay $23,203 in lost wages with interest, $50,000 in compensatory damages, and $50 in punitive damages and attorney fees.
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Source: overdrive
This is why I think it’s much better to ‘stand your ground’ in not driving some of these companies rotten equipment. The excuse of “I need my job” no longer is valid.
With the rules and regulations these days against poor equipment, this particular driver could be prosecuted for operating equipment that kills or injures someone. And, even if inspected by the DOT at a scale, or roadside inspection with driving faulty equipment, he would be cited anyway. Sorry companies such as Absolute Waste Removal always turn their backs on the driver if the driver is caught driving bad equipment in an inspection.
This driver was caught between a ‘rock and a hard place’, but I’m glad he made the right decision. I’d only work long enough for that sorry company to find something else.
A small company will go bankrupt and close its doors.
Most companies, however, are not aware of the relevantly new punitive damages, which can be added to the total. Compliance is always cheaper in the long run.
I don’t want these kind of small companies running trucks in our highways when they are unsafe to drive. I don’t want to have more danger than we already have. If they can’t do maintenance to their trucks, its better to close the door. Many smaller companies with just ONE truck (o/o) are working and maintaining their trucks in good conditions. Don’t feel sad for that company.
As you said, compliance is always cheaper.
I got fired from my last driving job for removing snow from the bed of my dump box.said I was being unsafe and violated company policy .funny thing is I was no where near anything that could cause an issue .I asked them for proof and they wouldn’t respond or show me the pictures they claim to have proving that I was .I now have been out of work since November 2013and though I’m on unemployment compensation in which the state of Ohio ruled that I was falsely terminated ,I now can’t get a driving job because of this .DAC Report is clean ,but can’t help but feel that I’m being blacklisted.should I sue my former employer or just write it off as a life lesson and move. On?
take it to OSHA!
My husband was fired by a small company for refusing to break the HOS laws (constant turn-and-burns). Nobody cared because the company was so small. He contacted all the organizations he could and no one cared…
$50.00 in attorney fees? Yeah right.
They forgot a couple zeros ray lol
50$ AND attorney fees
yep too many companys run and push their drivers because they know it s always the drivers fault Haddon House Foods is like that push ya and don’t care as long as the load gets delivered
Good for him, although I could give a rat’s tush about being “reinstated”.
Why would you go back to an employer like that?
Especially after taking them to court?
I would think that would be awkward.
Unsafe conditions” as far as we know he was In a 2015 Cascadia. Why dispute equipment? As far as I know unsafe conditions means crap weather
I was driving home from my terminal in lemont Illinois to Galesburg and got pulled over while on personal drive time off duty I got fired before I went to court they said I had 46 points on my CSA score well I beat the tickets my attorney said I had no points at all plz help me I need a attorney