Trucking lawyer/ Wrongful Termination

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

  1. Shackdaddy

    Shackdaddy Medium Load Member

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    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.
     
  2. buzzarddriver

    buzzarddriver Road Train Member

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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.
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    Actually they don’t have the protections unless there is a disability.

    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.
     
  4. Geekonthestreet

    Geekonthestreet Medium Load Member

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    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.
     
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  5. Lennythedriver

    Lennythedriver Road Train Member

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    This is really where the CDL industry is, you hit the nail on the head. I know a guy who drives six months, quits for six months to a year and then goes back for six months. To a different company every time. He’s got a perfect record though. Every single place he applies will take him. In fact they fight for him. Think about that. They look at his record they know he’s probably gonna quit around six months and they all still hire him.
     
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  6. supergreatguy

    supergreatguy Road Train Member

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    hahaha
     
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  7. Ridgeline

    Ridgeline Road Train Member

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    No body fights for a part timer, six on/six off doesn’t work for many and many of us will instantly reject drivers like this because they offer us nothing.
     
  8. Jhon0098

    Jhon0098 Bobtail Member

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    You should visit the employment lawyer to get the best advice on your case.
     
  9. Metalicious

    Metalicious Road Train Member

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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).
     
  10. Jhon0098

    Jhon0098 Bobtail Member

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    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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