Last month, bad cell service led Glen Kraft to be fired from his job driving a truck for Nestlé. A text that was sent while stopped didn’t go through until Kraft was driving again, so his boss fired him for texting while driving. Now Kraft’s former carrier has offered him his job back. Kraft turned them down.
A TruckersReport article was one of many that were published about the incident. A local cbs news station checked up on Kraft’s story and found that there was indeed a dead zone for cell service in the area that Kraft was in when he stopped to text his boss.
Originally, Nestlé said that Kraft was fired “after a thorough and complete investigation.” But after a spotlight on the story, the company changed their tune and reinstated Kraft along with back pay.
“I guess they knew my next action was going to be a lawsuit and they couldn’t win it,” Kraft told Fleetowner.
But after the ordeal, Kraft doesn’t want to drive for them anymore. He’s gone back to driving for Black Horse Carriers, the company he was at before Nestlé.
Source: fleetowner, truckersreport
No lawsuit would have helped him anyway. Employment is “at will” a company does not need a reason to fire you. Just the same you don’t need a reason to fire them.
And your law degree is from wher?
His law degree is from B-F Egypt lol
Dam good question
Common Sense university.
Exactly lol
He’s right.
Tell that to all the people who have successfully sued and won for wrongful termination. Companies rely on deceit and the inability or unwillingness to challenge them. Lawyer up and they back down immediately. Plus if they do any government business at all they have a whole new set of rules hanging over their heads.
Always get your legal advice from a lawyer not internet message boards.
You’re right as long as the reason for terminating is lawfull. However, they did give a reason which was false. When you accuse someone of something that causes harm then it’s called slander. So yes they can fire him without reason but they can’t give a reason that is false.
Same thing happened to me. Does anyone have any idea where to find a lawyer to sue an illinois employeer for slander?I could not find one. I have until November 31 2019.. Until statute of limitations runs out.
Maybe that’s why they offered him his job back. So they could legally fire him “at will” on his first day of work.
It depends in the state laws…. and they didn’t fore him just bc they gave a specific reason and that reason was a lie…. so he definitely could have sues
It depends in the state laws…. and they didn’t fire him just bc they gave a specific reason and that reason was a lie…. so he definitely could have sued
Think you need to check your facts on that one.
Wrongful termination and deformation of character could have been filed…if he was never given previous warnings.
I would suggest you get some knowledge about the law before making ignorant statements such as yours.
Another closet lawyer. Yes employment in most states is “at will”. If a employer does not follow their policies then they are subject to civil litigation. Do the research there have been many companies out there that have paid millions out along with government agencies.
So not true. He has a lawsuit for wrongful termination. He will get award 10 years pay. They should have did an investigation before firing him.
Not true. Had a company in Texas fire me for refusing to operate unsafe equipment. I told them right then he made a big mistake. They ended up paying cash money to settle days before court. While they were peeling off crisp fresh hundred dollar bills to give me I just stood there smiling.
It is silly to have the At will thing. Lots of people who don’t know better will just take their “you’re fired” and go on because they don’t any better. You can be fired cause your nose is too big in Texas, but not because you refused to drive unsafe equipment. Imagine that!
Yeah, but with “at will” you can easily fire the lazy workers and workers that are a risk to other employees. If you get rid of that, then you have a union that protects the bad workers (like in New York City, poor quality teachers are paid, kept in a building where they can do whatever they want and are never fired)
My, my, Mr. Ball – another “union basher”. I find it interesting that otherwise intelligent people – well, some of them, at least – will bitch and bitch about the pay they aren’t getting, about their working conditions, about the benefits they don’t get and then bash a union. Sad, really sad. And to think it was the Teamsters that at one time in this country was in the forefront of giving it’s members good wages/benefits and after all the blood that was shed by people to get those wages/benefits today’s drivers won’t even stand up for what some actually gave their lives for. I hear, “I don’t want some damn union telling me what to do.” and them bitch about what the company tells them to do. Hey, smart, real smart. I can remember long ago – I am old as dirt – back when Jimmy Hoffa was running the Teamsters and it was all over the news about the fraud, etc. that he was involved in, a friend of my dads, and a Teamster member said, “I have a farm that is paid for. A car and two trucks that are paid for. Two kids I have sent through college. If Hoffa wants to steal a little that is OK with me.” Don’t say that I agree with him but at least he had a good living – not like so many in out country today who will sit back and do nothing – but bitch – about what they don’t have. When I was a kid, a father working one job could support his family and live nicely – now, two working and still not making a living wage – and the “poorly educated” think that is just fine, but then bitch about it. Not smart. I mean, really not smart. If one takes the number of union members in the late 1950’a – when we had the most successful middle class in history – and lays it over the income of the middle class, the decline in the membership and the decline in the middle class and it’s income track right on top of each other – both markedly down from where it use to be. And that old saw, “All unions do is protect lazy people.,” I guess it wouldn’t make any difference to you, Mr. Ball, to tell you that THE UNION IS REQUIRED BY LAW TO PROTECT THAT LAZY BASTARD. But, hey, you really don’t care about the facts, huh? And about those poor “New York workers” – at least they are trying to do something about feeding their families – other than bitching about it and sitting on their asses. And that other old saw, “I ain’t paying union dues.” That one is so very, very dumb I won’t even address it. And guess what, just when the shortage of drivers was starting to mean that a company would have to pay a driver a little more to get/keep them here comes the politicians with, “let’s drop the age to drive.”, thereby killing that possibility. Remember that the next time you walk into a voting booth – IF you even bother to vote.
Google and Read about the PATCO STRIKE.
It’s all about busting up the power of UNITY, not protecting bad workers, remember the union didn’t hire them the corporation did.
Read about the PATCO STRIKE, that’s where all our lives changed forever.
Jim, the unions may be a good idea but the teamsters has very little power in the industry these days.
Try to find a union trucking company and if you do find one good luck getting a job there.
The union jobs are highly sought after and far and few between.
I thought everything is bigger in Texas. Now I find out that isn’t acceptable for noses!
No. It isn’t necessarily AT WILL. Every state is different, BUT even if it was at will, firing someone for a wrong reason is grounds for a lawsuit even if it is an at will hiring state. They also claimed to have done a thorough investigation which they clearly didn’t do among other things. Likely they settled the lawsuit already by not doing it… just offering him all the backpay upfront to avoid it.
Not necessarily. I worked for a company that contracted with a large juice plant in Florida. One of the juice plant employs tried to attack me after he got off work but while I was still at work on the juice plants property. For fear of my life I was forced to leave the property and go back to my home office. My company used my as a yard hostler around the warehouse for two weeks and then fired me. At my hearing I asked why because I was not at fault. Their comment was it was cheaper than dealing with the fallout with arguing with their customer even though they knew I was in the right.
A lawyer I contacted stated I had no case, because Florida is an “At Will” state. Lost my job due to a racial incident against me at which I had no recourse because my company deemed it cheaper to fire me than deal with the consequences.
Your HOPELESSLY wrong!!
That’s why!!!
….
Roll-On!
Lol….humanity is really disgusting!
It’s called “Wrongful Termination ” and he had a very good case against his former employer.
At will and for no reason is true. But if an employee can prove that they were fired for unrighteous reasons such as this one or age or discrimination etc., they most certainly can win a lawsuit. An if said person files a lawsuit for unrighteous firing, the company will be forced to give the reason under oath in a court of law.
Depends on the state.
Is Nestle an “at will” company? Be aware that different states have different laws per “right to work,” “work at will,” etc.
you”re right when you say they don’t need a reason to fire you in an ‘at will’ state. However, if a reason is given, it opens up all kinds of possible liability.
Think of it this way- If I fire you and don’t give a reason, I’m protected. But if I fire you because you’re black, female, too old or any other reason, it opens possible liability.
This very subject was drilled into myself and my business partner for years when we were in business. Over and over they said, “when asked, simply say: “your services are no longer needed.””
Good for him, I was in a Similar situation while I had 21 years with them, I was let go, And approximately Six Months later they wanted me to return but with a pay cut and working in various positions, I turned them down, They knew about my knowledge and experience that they lost, Now the company is non existent in my area, They sold dozens of Buildings and laid off hundreds more, I am Thankful that I didn’t return, But started a new chapter in my life.
Good for you driver. F**k ‘em. So much for their complete and thorough investigation.
👍
I second that!!
Which is probably what his former co-workers are wishing for him too. Seems some companies believe that thinking outside the box means outside the law. Hope Trucker’s report keeps up on the updates for this one.
If he took it back, there would be unnecessary stress and tension anyway.
Kraft drove for Nestle. Funny. I would have taken my job back for the back pay then quit.
Yes that would have been the thing to do he lost out on a bunch of money lol he could have had a paid vacation and he blew it
Yes he was as stupid as Nestle for not taking his job back and back pay!
If you’ve earned PTO, your employer is required to pay it out upon termination in most states.
That’s not true. In most any state that’s only if they have a written policy which states they pay the accrued vacation time, or have a habit (which you’d have to prove) that they do pay it in order for it to be paid. Otherwise it would be forfeited.
I agree. Hire back on, pull 1 load, quit with my back pay, med card renewed, all of that.
Yeah but you can still sue for wrongful termination
I wonder whether the person responsible for that “thorough and complete investigation” faced any consequences for his less-than-thorough investigation and less-than-honest characterization of it…? Odds, anyone?
Probably got a promotion lol
Probably still employed with the company
Not only are they still employed, they probably got a bonus for a job well done.
The responsible party has never suffered any consequences in my entire career. 42 years.
Why would anyone work for someone that lies to you and about you?
Typical corporate America. You comply with the rules and they are quick to fire you without really doing a fact check. I’m sure Kraft is a good driver that Nestle took a dump on. Nestle would have stuck to their original decision had it not had there name drug into national spotlight. I’m switching to Betty Crocker!
Why would he take his job back? That boss will just keep giving him the worst loads plus put him under stress until he quits. Who wants to deal with that! File a wrongful termination lawsuit and collect the money!!
So Nestle is as Bad to Work For as they are to Load At.
Exactly!
Had a load out of Chicago at the oompa Loompa factory.
Not 1 of them running around, just mexicans.
Should have worn a ICE ball cap and yelled Immigration.
Thank GOD there’s a driver shortage I can quit a job today and start working for another job right away
Good
Texas is a right to work state.
I quit and hired on in 10 hours with another company.
Simple investigation. What time did they get text. How long and what time was it when he stop to make the text. Time is precious to us. A smart driver would have went to on duty or off duty. That’s why we have these elogs. Yet I’m sure these smart dumb///. Don’t have a clue.
Loser company. Glad he didn’t go back to them.
It’s a shame that Supervisors/ Managers jump to conclusions “BEFORE” thoroughly investigating all the facts “BEFORE” dropping the ball on an employee and ruining his career and reputation.
The lawsuit will yield the greater reward I would think rather than the back pay
It is no wonder there is a driver shortage. Trucking companies, Law enforcement, judges,
Prosecuting attorneys, shippers,receivers and a million or so other truck drivers have treated me like the worst form of trash on the planet most of my career. And if u divide my paycheck by the 168 hours I am out there every week I work…I am not even getting paid minimum wage.
I Believe Nestle is a Teamster Local 174. He probably filed a grevance and that’s why it has to be investigated. He probably got his money but decided to stay were he was at…
Corporations don’t allow people or “management” to make decisions. The policies in the book make the decisions for you. Good for you driver, teach them a lesson and now they lost a good driver.
Kraft did the right thing find another job I wouldn’t work for shady people only good people. Kraft seems to be on a good driver we need more drivers like him.
Don’t blame him a bit. I wouldn’t have gone back cuz now they’d just find another reason to let him go.
As.fornthe union comment…Once upon a time there was a great need for union’s..now they are outdated.and worthless.Why do you think cars trucks and other forms of transportation are so expensive…they have to pay the retirement package to all the folks who worked 20 hrs a week…show 40 hrs on their time.card…
He made a great decision not going back to work there, who in their right mind would do that get fired on shit that didn’t happen as the company said it happened then go back to work there, haha yeah right I’d tell them yeah I’ll come back on junevember 32nd then hang up on them and block their number
Hey jim how are those teamsters today? Oh yea partied on your retirement supported supported politicians that did absolutely nothing for them but steal their money. Now I’m out of a pension in 10 years because they’re broke thanks Jim for letting us know how great the teamsters are
And they wonder why there is a driver shortage one of the things that attracts people to driving a truck is not having someone looking over your shoulders but yet these companies have found a way to do just that I will not drive for a company that keeps that close of an eye on me if they can’t trust me I don’t need to be driving for them.
why did my post get deleted, I only said supertrucking should be called stupidtrucker, that’s all🤔
Isn’t everyone who drives for Nestlè losing their jobs anyways, or is it just those in their DSD (direct-to-store delivery) network?
Unions are still the worst thing going!
Good for you. I wouldn’t have gone back to work there either. They showed their colors.
He’s right.