There were some good responses at the beginning of this thread and I appreciate those.
But it’s degrading in some anti veteran responses and it’s reminded me that so many in this country are filthy disgusting people who don’t deserve the freedoms myself and so many others served for. So I’m gonna bounce.
Mods can delete this thread if they’d like. No complaints from me if you do. I’m resisting saying what I’d truly like to say to some of these people.
Trucking lawyer/ Wrongful Termination
Discussion in 'Experienced Truckers' Advice' started by Shackdaddy, Apr 29, 2022.
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A question.
Did this company you worked for have direct contracts with the US government?
According to The Vietnam Era Veteran’s Readjustment Act of 1974, only companies with direct contracts are bound by the law.JoeyJunk Thanks this. -
If this isn’t the case, cite the cases where to prove your case, like I said a lawyer taking this risks their licenses because the at will laws and cases have it on the side of the employer, especially in the cases in this industry. -
If you didn’t get fired for an accident then nobody cares. Heck they could probably put abandonment on your DAC and if you had a lifetime clean CDL nobody would care as long as you were insurable.
JoeyJunk Thanks this. -
tlalokay, Geekonthestreet and JoeyJunk Thank this.
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You should visit the employment lawyer to get the best advice on your case.
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I am not a vet, but was terminated once for refusing to operate an unsafe vehicle. They actually said, out loud that since I wouldn't drive the truck to clock out and go home I was fired and they'd find someone else. I filed a complaint with OSHA. If that is the type of scenario you are dealing with, then that's what has weight to it more so than being a vet. While at-will states "with or without cause, with or without reason" for termination, that isn't a license to just fire someone for refusing to drive an unsafe vehicle. That is protected, by Federal law. In my specific scenario, I got paid. Even if you were terminated because you couldn't safely perform your duties of your job description, or couldn't do so without accommodation there is something called the ADA (Americans with disabilities act). At will might take some of the backlash from firing someone but employers still have to be careful if or when they give reasons for such termination. For example, injured in a car wreck. That happened to my brother. Company he drove for fired him. Simply because they didn't offer him a job outside of driving a truck, even if it meant having to relocate to their headquarter area and all that, they ended up paying dearly. All they would have had to do is make the offer, and they would have been covered. But they didn't so they paid.
Not sure what your circumstances are, but if you were like me and fired for refusing to operate an unsafe vehicle just call OSHA and file a complaint under the Surface Transportation Assistance Act (STAA). -
One of my friends also had been in this situation in California, so he visit Cummings and Franck the best wrongful termination lawyer in California. They suggest to him the best legal advice to fight against this issue.
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