Trucker Fired For Refusing To Drive In Bad Weather Awarded $180k

Discussion in 'Questions From New Drivers' started by insipidtoast, Jul 12, 2019.

  1. Long FLD

    Long FLD Road Train Member

    11,883
    48,770
    Mar 4, 2015
    0
    That would definitely help stiffen the back up.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. D.Tibbitt

    D.Tibbitt Road Train Member

    21,717
    148,393
    Apr 26, 2013
    Gettin' down westbound
    0
    Good!! Its about time us drivers get some credit from somebody
     
  4. lovesthedrive

    lovesthedrive R.I.P.

    15,953
    54,484
    Nov 11, 2008
    Sorrento Maine
    0
    Cattleman84 Thanks this.
  5. Six9GS

    Six9GS Road Train Member

    1,473
    3,695
    Dec 3, 2012
    Yuma, AZ
    0
    Actually, in many respects, if he does go back, because the court has so ordered that they have to offer him his job back, he will probably be protected from such retaliation. If they try and pull a stunt on him to get rid of him, he will have good grounds to sue them again. Even if they do their best to make it look like he did something to deserve being fired, a jury trail is inclined to side with him regardless. If he is fired, the company already has a, bad faith, motivation established. Doesn't take a whole lot more in a court for a judge or jury to take his side in the ordeal. So, most likely, not only can he go back, he can go back and be a minor douche bag and they will probably let him get away with it. I've seen situations where such 'protected' employees were given lots of leeway for that exact reason. I haven't seen anyone, in my opinion, taken abusive advantage of it, but I have seen them get away with lots of little discretions that others might not have been able to repeatedly get away with such as being a little late to get into work or stretching lunch a tad or leaving a couple minutes (5 to 10 minute stuff, not an hour and the like). Stuff that many would only consider minor.
     
  6. Moose1958

    Moose1958 Road Train Member

    15,167
    33,404
    Dec 17, 2010
    Williesburg, Virignia
    0
    During my time in the Air Force I learned the term (memo for record) sounds innocent enough, but in the hands of a good manager can be one of the best tools known to rid someone like this. If said driver starts missing appointments etc and over time is warned, yes said driver can and in most circumstances be fired later on. In these days of protected classes and political correctness, this is how business work. Document document document. Yes, the driver won a legal case. This does not mean this driver can return to work and become a PITA. There is a huge difference between retaliation and doing this. Not only is there a fantastic chance the person will lose the 2nd case, but they might also very well get hit with legal fees.
     
    FlaSwampRat Thanks this.
  7. dieselpowered

    dieselpowered Heavy Load Member

    888
    877
    May 16, 2016
    0

    To be honest, if I was this driver I would go back reason being if they fire him later it a possible lawsuit and violation, for retaliation. On flip side they may hurt his pay he would have to record everything all time prove they are giving him unfair conditions to show they were doing it on purpose, and even then it could be hard to prove simple issue being they say freight was slow how would one disprove that?

    I would go back but then I would use them at best a stepping stone for more experience at best rather good pay.
     
    FlaSwampRat Thanks this.
  8. TripleSix

    TripleSix God of Roads

    18,525
    129,753
    Apr 10, 2009
    Copied in Hell
    0
    Backbone as in “if I decide to shut down, the truck is shut down. I’m not calling and asking for permission because I have already made that decision.”

    @Long FLD, I had a conversation with a lease driver yesterday. He’s complaining about his travel agent FORCING him to take a load that he didn’t want. It made no sense to me. He has the option of accepting the load or rejecting...how does she FORCE him to take a load?

    “Well, she will call me and I will have to explain why I don’t want the load.”

    Why do you feel the need to explain a decision?
     
  9. bryan21384

    bryan21384 Road Train Member

    14,897
    32,277
    Sep 18, 2009
    Memphis, TN
    0
    I am glad that won that lawsuit. If my company threatened to fire me for not driving in bad weather, my words would be: "Do what you gotta do."
     
    buddyd157, QuietStorm and D.Tibbitt Thank this.
  10. bryan21384

    bryan21384 Road Train Member

    14,897
    32,277
    Sep 18, 2009
    Memphis, TN
    0
    That's just it. A lease driver isn't really an owner. Just a glorified company driver. He turns that load down, he may as well go back to being a true company driver. The company's interests come before any lease operator's.
     
    D.Tibbitt and Lepton1 Thank this.
  11. MartinFromBC

    MartinFromBC Road Train Member

    2,769
    12,477
    Oct 19, 2018
    0
    Bet he would get the worst loads they can find for him.
    His vacation time off request form goes to the bottom of the pile, and when everyone else has holiday time off he gets whatever days are left over. His truck is inspected every night for a new scratch, or tire sidewalls that rubbed a curb.
    No his life there will be a living hell!
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.