Can I sue a employer

Its the drivers fault. Why do you think the DOT have us do a pretrip every day? For exercise?

Just another trucker trying to pass the blame. Have him be more professional next time and say no. Driving something with bad brakes and no taillights doesn't make you a hero it makes you an idiot.


This is the reason I won't drive an unsafe CMV. They might ask or even beg but at the end of the day its my CDL. I would rather lose my job (then you might be able to sue them) then have to explain at my next interview what happened.


If you can have him record his phone conversations and try to get them to say whatever over the QC. Then report them to the nearest DOT. Just don't have him drag an unsafe tractor or trailer into the coop.

 

Why are people so #### sue-happy? It don't sound like this is a good job so it shouldnt be that heart-breaking to leave. It's not a scam, its people trying to move freight. Not every job is for everyone, don't mean you gotta sue. Means you go get another job. Eveyone wanting to record conversations and get it on qualcomm and do this and do that, shut up and drive! If its not for you, then quit and drvie somewhere else. I have quit company job after company job because I didn't like one thing or another. Finally had to buy my own truck and do my own thing to get the working conditions I wanted. Never crossed my mind to sue people. That's whats wrong with this country. Eveyone wants something for nothing. If he's not comfortable there, park it and move on.

 

If they threatened to fire me because I wouldnt pull an unsafe trailer hell yeah I'm going to report them. Would you want this POS equipment driving next to your family?

I agree with you about people being sue happy. But If I lost my job because this 3rd class company fired me for refusing to drive this death trap, yep I would do all I can to bring negative attention to them.

That's different then pulling this trailer and getting into an accident, then its the drivers fault. And you would be the one responsible for what happened. Maybe even see some jail time is the accident is bad enough. For what a few hundred dollars?

 

Im not sure how I would handle it if they fired me over it. I've been let go at a few jobs along the way, suing didn't really cross my mind. I've also refused to pull equipment. In my case, company backed down both times. Of course they never threatened me with termination, either.
Fact remains that POS equipment is gonna be there whether he quits or not. They'll find someone else to pull it. If they fix it, something else will break and if that's their mentality now, it will probably be the same then. If he wants to sue and make a big deal, it's gonna end up taking more of his time then it's worth, with minimal results. The fact is they don;t care and they have more time on their hands then he does. Say he does get his way on this legally. If he keeps his job, they aren't gonna be giving him any gravy loads, he's gonna starve. May as well move on now and save the hassle. There's a lot of drivers out there with his mentality of making a big deal about everything. He's not gonna change them, they've seen it before. I'm not sticking up for them, I agree it;s wrong. But at the end of the day, if he wants to make money then move on and keep making money. If he wants to make a federal case out of it, hopefully his wife has a good job.

 

I take it Sparky is a fairly new driver ?????

Perhaps he could get out his handbook, and double check what his responsibilities are !!

 

He should park the truck until they fix the problems. Missing tail lights he could replace himself and submit the receipts for reimbursement. The brakes . . . if they are bad that truck doesn't move. He is responsible for checking things and if he knows something is wrong and still drives the truck then he is at fault . . . that simple.

Until drivers start standing up to companies like this and reporting them if things don't get fixed they will continue to get away with this crap. According to a friend of mine who I trust completely, he was told by a GA trooper with CSA 2010 drivers will be held responsible along with the companies for failed inspection items.

Thinking to sue them is the wrong approach. He should refuse to move the truck until those brakes are fixed rather than risking his or anyone else's lives by driving that truck.

 

The simple answer is go home if they won't fix things. No pay check or job is worth a life. After going home, report them to DOT and anyone else that has authority over the industry.

The phrasing of the question is what probably got people going. Most of the members on here that are drivers take their jobs and safety very seriously. To even think of driving a truck that has issues is wrong.

 

Your husband should fill out the inspection report and deem it unsafe to drive and sign it. The dispatcher has no recourse but to have the repairs made then.

If the dispatcher at that point fires him you have a lawsuit as the truck problems are on him at that point and it would be wrongful termination.

Document what the dispatcher says if possible.

What I would do is replace the taillights myself and adjust the brakes myself if necessary or find a TA shop.

Times like this is when some dispatchers true colors fly. He is trained to get the load delivered on time. It's all he knows. A good dispatcher would work with him.

 

If he has qualcomm, that is a marvelous weapon. He needs to communicate all repairs needed info through the qualcomm and keep the messages.