I drive (drove) a fuel delivery truck for a local jobber. This past sunday I was at home fighting a bad cold or the flu. My general mgr called and demanded that I go out about 40 miles and take care of a store that sold out of gas. I informed him that I was in no shape to drive. Well, long story short I was fired. Do I have any recourse?
terminated for refusing to drive while sick
Discussion in 'Trucker Legal Advice' started by bubba J, Feb 10, 2016.
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Some states can fire you without explanation. I don't think you have a case.
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https://www.fmcsa.dot.gov/regulations/title49/section/392.3
§ 392.3: Ill or fatigued operator.
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.
Citation: [35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]Aamcotrans, x1Heavy, Studebaker Hawk and 9 others Thank this. -
It is illegal to force a commercial driver to drive if they're sick.
Were you on a on call bases for the weekend?
If you were then it would have been better if you called the Mgr informing him you were to sick to drive that day. SBSI
Last edited: Feb 10, 2016
AModelCat Thanks this. -
Only thing is you'll need a way to prove you were sick. Doctors visit or something.
Or if the company can prove you weren't sick, then you're out of luck.Snow Hater and Jourayce Thank this. -
Being sick on superbowl sunday sounds almost as fishy as calling in sick on Monday. Better have some proof.
x1Heavy, MidWest_MacDaddy, Rex012 and 3 others Thank this. -
It might help your case in the future. -
If he wasn't on call he should have told his boss he was drinking.IF HE WAS!!!
Otherwise, if the story is true, his boss is a dick.x1Heavy Thanks this. -
He gota note from a Doctor ....but I don't think it'll help.
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D.Tibbitt and goin2fast10 Thank this.
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