Trucking lawyer/ Wrongful Termination

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

  1. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    If he was an IC. You're wrong. He can be terminated for any reason or no reason.
     
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  3. GoneButNotForgotten

    GoneButNotForgotten Heavy Load Member

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    Um.....in most "at will" situations you can just be fired, no justification, cause or reason has to be given. Some employers might have a due process in their policies, but it is not required in most at will states. What they can't do is fire you over some type of discrimination. That is why a lot of these employers just fire you without giving a reason. Giving you a reason can give you a basis for a lawsuit.
     
  4. Shackdaddy

    Shackdaddy Medium Load Member

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    Interesting. In my very long interviews with the feds I was able to get some info about how best to handle such situations.

    Next time. Report to OSHA right away. They’ll inform your employer your not to be harassed while they investigate. And if you are fired that federal report will be admissible in court.
     
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  5. Shackdaddy

    Shackdaddy Medium Load Member

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    Interesting.

    I do in fact have a termination letter with a stated reason. Won’t get into details but the reasons given for my firing aren’t the actual reasons.

    I also know of many other things going on there that had nothing to do with me, but I went ahead and spilled the beans.

    Here’s hoping my former boss enjoys the Anal Cavity Exam the feds are gonna give him.
     
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  6. buzzarddriver

    buzzarddriver Road Train Member

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    I am confused. The OP asks for a referral for an employment attorney, then proceeds to spell out all of the legalese required for the case.
    Why not just represent yourself?
     
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  7. Lennythedriver

    Lennythedriver Road Train Member

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    The Atwill thing is not quite as cut and dry as you make it sound though. Yes each state can have it criteria for labor laws but federal laws usually supersede. I’ll give you an example. If you’re working for a company that is violating federal labor laws and basically making you a slave and you bring this to their attention, and you ask for it to change or to be treated fairly, and such company decides rather than doing what they’re legally supposed to they just fire you and get rid of you, you do in fact have a case. A very strong one.
     
  8. Shackdaddy

    Shackdaddy Medium Load Member

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    In my case I’m a protected veteran. So discrimination against me is just like discrimination against a black guy in the eyes of the federal government.

    There are also other forms of discrimination going on at this particular workplace. Won’t go into detail but to be clear I told no lies. Getting caught in a lie in this type of thing would be bad and my experience as a former military cop is definitely helpful.
     
  9. Ridgeline

    Ridgeline Road Train Member

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    Ok, you a disabled vet that was fired because of your disability prevented you from safely doing the job?

    did you inform your employer of such a disability?

    did you request accommodations because of your disability in writing by your employer to do the job?

    Is your disability one that has been documented or been created for the purpose of invoking the protections?
     
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  10. Shackdaddy

    Shackdaddy Medium Load Member

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    A protected Veteran doesn’t have to be disabled.

    You simply must of served in a named campaign.
     
  11. buzzarddriver

    buzzarddriver Road Train Member

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    So, as a veteran from the 60's, are you saying i can go back and sue every company that i ever worked for and was let go/fired from for wrongful termination?
    I think i am going to be a GAZILLIONAIRE.
     
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