BCJ Trucking Mt.Airy,NC

The above message proves the quality and integrity of this forum.

Just plain sad and wrong....

Moderators: Is this acceptable??? If so please reply.

 

I have read a few threads on this website and there seems to be a confusion between "At Will" and "Right To Work". "At Will" means that a company or yourself can terminate employment "At Will" with no reason or notice. However depending on the state you are in, a company or yourself cannot practice an "At Will" clause. A good example of this is California. California does not recognize the "At Will" clause. It is a very Pro-Employee State.

Now "Right to Work" has to do with unions. Basically when a state is a "Right to Work" state, you have the right to work for a company without joining the union if they are in that company. Thus an open shop. If it is a closed shop, then you MUST join the union in order to work there. Michigan is not a "Right to Work" state and is contemplating on whether to become a "Right to Work" state due to their economic problems.

Icantdrive55, by law you are allowed to see all paper work in your employee file - and this means you can see what exactly you were terminated for. In most states that allow "At Will" clause, the state labor boards usually want to see and require some form of written documentation for terminations. So in your case you can request to view all documentation that backs up their reason for the termination. Before spending money on a lawyer, contact your state labor board. They can answer and give you advice on your situation.

Hopes this helps.

 

Good suggestions to request a look at your employee file. FYI - Be careful how you word your request. It should be in writing and should request all files the company has on you in every department. Your request should include all information concerning your employment, to include any and all write-ups or discussions you have had with any person, at any level of mgmt. Most companies will have several files on you in various locations of the company. i.e. - Your I-9 and W-2 are probably in a separate file somewhere besides in the HR office. They should not be kept in 'your file'. [That way HR does not have to give the IRS any info they don't need. The IRS can use and make copies of any info in your file and share it with any other dept of the govt they want. And many cos. do not want to share all the info in your file with others.] You should request a copy of all this info. They may/may not charge you for it. Hopefully you have kept copies of all warnings, discussions with supervisors, etc. Everything in your file should have your signature on it, to confirm you received a copy and it should be dated. It may include the name of the person who gave you it to you. If it does not, the paper shouldn't be in your file or it won't have much meaning. While a company can simply put info into your file to record any discussion you have with anyone, it is hard to prove the situation really happened. Even when a policy is changed, the company should have a copy of the change and have your signature on it. There should also be a sheet saying you received an employee handbook. If not, the company has a harder time proving you knew of any policy they are saying you broke. [This is a very important point should your company does any work for any branch of the US govt.] Regardless of how common the policy change is accepted. This would include idling the truck. Unless there is a formal written change in policy, with your signature on it, it would be real hard for a compnay to terminate a driver for that alone.

BUT HR is very smart, they can and will fire you for any reason, and in some cases for no reason, they want. I have fired people for lack of performance [not meeting the min. standards of employment perforance] in two days. The best we, as employees, can do is to know and protect our employee rights and use them as needed. And keep a record all everything that happens!

 

You can be fired for any reason in NC. This is fact. Sorry guy, you have no recourse whatsoever.

 

After searching the forums here I will haft to say not everyone feels the way I do. But Ive worked for BCJ nearly my whole 10 years on the road. They have never done me wrong. Sept 21st 2005 I was in a Major accident destroyed their truck due to another drive lossing control of his rig and slamming into me when I was passing him, and I will say BCJ stood beside me the 3 years I was healing and never looked back. Jerry Newman is a great man to work for. And I know I may boil a pot of water but I will say if you work and dont cry like a Sidewalk trucker Sam Newman will be the best dispatcher you could ever have. BCJ is a company that gives respect only when getting it. And on the last note dont think you can Bash another Mount Airy Trucking company to another one in Mount Airy with out them knowing.

 

BCJ? Is that short for something?