Trucking lawyer/ Wrongful Termination

Discussion in 'Experienced Truckers' Advice' started by Shackdaddy, Apr 29, 2022.

  1. Shackdaddy

    Shackdaddy Medium Load Member

    331
    4,872
    Aug 5, 2021
    0
    Can anyone here recommend legal services for a wrongful termination claim in Texas?

    I know there are trucking lawyer member services, but don’t know if that’s strictly for traffic cases.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. Ridgeline

    Ridgeline Road Train Member

    20,729
    100,988
    Dec 18, 2011
    Michigan
    0
    Doubt any lawyer will take the case, at will employment in Texas and being a driver you most likely didn’t have a personal services contract so they can fire you any time for any reason.
     
    tscottme and Snow Hater Thank this.
  4. Wargames

    Wargames Captain Crusty

    2,822
    6,849
    Jul 22, 2010
    WI.
    0
    just find another job. Chinatown, is the best in the industry on helping drivers find a company
    to driver for.
     
    Vampire Thanks this.
  5. Wargames

    Wargames Captain Crusty

    2,822
    6,849
    Jul 22, 2010
    WI.
    0
    Lawyer- $300hr, if he decides to take the case, 2-3 years for trial, Deposition will eat you up,
    12 man jury trial, if insisted,or bench trial. Save about $15k,and if company counters, pay there
    legal fees. Be careful.
     
  6. JoeTruck

    JoeTruck Heavy Load Member

    853
    3,389
    Mar 13, 2015
    LOWER 48
    0
    I would never consider working for a company that would fire me.
     
  7. Shackdaddy

    Shackdaddy Medium Load Member

    331
    4,872
    Aug 5, 2021
    0
    I was fired from my one and only trucking job in December. It turned out to be a blessing. I’ve been working for myself as a carpenter and making more money then as a trucker.

    But I was still mad they fired me, and I’m what the federal government designated as a protected veteran. So since there were many non veterans there who had accidents, tickets and other things they weren’t fired for, I filed with the EEOC for protected veterans discrimination. I had no accidents,tickets, no nothing while I worked there. This is a mid sized LTL outfit in Texas.

    I told them every bad thing I knew about the place and now the feds are gonna go in there and give them a 3 day on site inspection.

    So I may file a lawsuit on top of it. I really just wanted revenge. And I know of many laws being broken there and OSHA may get involved too.
     
  8. Shackdaddy

    Shackdaddy Medium Load Member

    331
    4,872
    Aug 5, 2021
    0
    Many lawyers will work on a percentage. They don’t collect if you don’t win. But if they settle out of court for 300 grand. Most lawyers on a percentage are gonna get 35-45% of that.

    I don’t know if it’ll come to that. Truthfully I’m not motivated by money. I just want the people that fired me to remember my name :) And hopefully future veterans that work there won’t be messed with.

    And I didn’t lie to the Feds. Everything I told them is 100% true.
     
    LilRedRidingHood and snowman1980 Thank this.
  9. JoeyJunk

    JoeyJunk Road Train Member

    8,744
    67,723
    Dec 31, 2010
    Washington, PA
    0
    I tried the same thing a few years ago. Lawyer said move on even though the company was wrong. Mine was a retaliation layoff. Myself and two others did spend months calling into the safety hotline everyday and reporting every safety violation we could. They had to investigate and make a report. I did it just to put pressure on the local office (oilfield company).
     
  10. Lunatic Fringe

    Lunatic Fringe Medium Load Member

    477
    1,395
    Oct 1, 2016
    0
    I take a load to the next state over and the thread descends into a cesspool of misinformation.

    Employment lawyers work on a contingency basis. You pay actual costs for things like copies and filing fees and they take a percentage (20-30%) if and when they win or the case is settled. They decide during the free first consultation whether or not you have a case worth pursuing given the laws of your state and the facts of your case. An experienced attorney will tell you what your case is worth and how long it will take. Employment law issues rarely go to court. They settle because the lawyers on both sides know how things will play out and employer’s choose paying the settlement instead of paying the court and the legal fees to get there.

    At-will employment doesn’t mean an employer can fire you anytime they feel like it without cause. Think about it - there would never be an unemployment claim if that were true. “I didn’t lay that employee off, I fired them”. At-will means an employee doesn’t have a contract or guarantee of a job and they may be fired for cause. Cause can be something major (wrecking a truck) or minor things that pile up (peeing behind a trailer in the yard instead of walking to a restroom, being late for work, etc).

    Years ago I was fired for following a police officer’s orders. I sued, I won. My employer settled for six-figures.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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