wrongful termination ?
Discussion in 'Trucker Legal Advice' started by deary, Jan 30, 2015.
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albert l, Gunner75, bubbagumpshrimp and 9 others Thank this.
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Hah, Yankee made my day
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I think someone was surprised they didn't just see, "You got hosed, call a lawyer, F them!" Not saying, just saying...
However, I agree with others, I almost guarantee the lease and/or contract with the company requires both of you to be able to drive/work, etc(other than illness) so I'm thinking the termination is legal...
I also agree you should call a lawyer, where I don't think you have a case against the company, I believe you "may" have a case to fight the incident and have it removed...Slight chance, but worth a call to an attorney in a no witness incident...If you can get that done, maybe they will reopen lease/contract if all parties agree...Good luck... -
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You have to be more clear on the facts. You said that there are no witnesses for the accident but are there any proofs that your husband wasn't at the said spot during this accident. If he was somewhere else there would be atleast one person who would be able to testify to that right? If you have someone like that then you have a winnable case. And as other suggested it would be better if you move the lease to another company. I am sure your husband wouldn't want to continue there after all the drama.
Also get a legal consultation, a lawyer would be the best person to advise you on what to do next. When I retired 5 years ago the company I worked for held off my retirement fund stating a breach of contract. I went to the lawyer Deleted who helped me to file a lawsuit. Fortunately for me I did not have to go the court as the company agreed to give my money back. So get a lawyer, soon.Last edited by a moderator: Jan 31, 2015
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Lawyer?
Don't waste the money.
Here is the thing, the company doesn't know who was driving with no witnesses, so terminating the contract holder and the sub-contractor would be the only thing to do if they were going to terminate anyone.
With the hundreds of companies out there, why worry about it, just move on.
By the way, why not name the company? -
Wrongful termination, dont think so. -
Read your contract, I guarantee it has a clause that will allow either party to cancel without cause, they don't need a reason!!
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First, you and the carrier can cancel (likely) without cause. So regardless of the reason it is what it is.
Second, I just came from lunch with my insurance carrier and we talked about how much harder it is to keep your rates down and defending yourself during legal action. Insurance companies HATE not being able to explain that they feel 100% confident that the driver is safe and complaint. So with all the grey area on this it is easier for the carrier to say goodbye than risk having an increase because the insurance company places them in a higher risk bracket.
And it's not what is on your record it is what they know. It is the sad new world we live in. -
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