Can I sue a employer

go right to the nearest dot scale and drive it right around back call the cop out and tell him to inspect and you were threatend with termination if you didn't run it ......... if the violations are there the summons will be written placed out of service....... the company will have to have all defects repaired right there before the truck can be moved

if they fire him over it you would have a wrongfull termination lawsuit


ps .......make sure he put the defects on both copies of his logs and turns those in the company is required to keep logs for 6 months

 

I like that one. Very cold blooded, which is what this company sounds like it needs.

 

Exactly what he should do and then when they fire him over it ....then you sue the everloving crap out of them for failing to provide a safe working environment, and not keeping the public safe either and anything else an ambulance chaser can think of

 

I knew a driver that did something very similar to this in the 1990's 92 or 93 I can't remember, the only thing he did a little differently was as soon as he was out of eyesight of the company (around the block) he pulled over got ALL of his paperwork straight, Pre Trip, Logs, Bills, everything you name it, took a few pictures as well. Then he CALLED the nearest scale informed them of the situation and drove straight there. He was tired of the constant problems with the equipment not being repaired. They (DOT) were waiting for him and even gave him a ride home! Needless to say in a short time period he left the company, but the DOT had a field day with the equipment and the company, BIT program inspections all the time, always checked all their trucks every time they went through the scales and asked the drivers if there were any problems. They (DOT) knew it was the company dropping the ball. This was in CA and believe me the CHP watched the company like a hawk after that. Most of us all got out of there shortly thereafter as well, who the hell wants to work for a jerk?

 

I actually read about an OSHA case that went before an ALJ that sounds just like your answer. This driver pulled into an inspection station and requested a DOT inspection on the trailer and tractor and the officer (who's name ironically was Officer Justice) put the vehicle out of service. This company did, in fact, fire that driver, but the driver won the case. But how long this driver had to wait for some justice, I don't recall. But we all know how fast the wheels of justice turn, don't we?

 

Not too wise with the new rules coming out. The driver should refuse to drive the vehicle or it will also appear on the drivers record as well.

 

Exactly. When the driver signs the PTI he/she has accepted the truck and trailer and agrees that they are in proper operating condition.
It is best to refuse to drive while still in the yard. If that means that you have to quit or get fired, then that is what it is.
A driver can better argue getting fired or having to quit a whole lot easier than trying to explain why they chose to drive equipment that would not pass a pre trip inspection and why they signed that the equipment had passed that inspection.

 

Your husband is the captain of his ship. It is his and only his responsibility if he CHOOSES to drive a defective truck. He will be the one who is held to blame, not the dispatcher.
Does his company not have a maintenance department or a safety department he could call? Pulling into a scale and telling the DOT that he has just driven an unsafe truck is not a good idea at all. He could be written up. This would go against him under CSA 2010.
Remember he is a grown man! Know one can tell me what I have to do! It is his choice too drive the truck or not. I WOULD NOT!

 

I can't believe some of the answers that were given by so called professional drivers.

If there is a major defect with your vehicle do not move it. The only time you should move a vehicle is if it represents a danger to other motorists.

Example one of our trucks blew 2 tires on the drivers side drive axels in WV. Driver wrote down on his log book that it was unsafe for the tire to be changed on
the shoulder since the individual changing the tire would be a foot from passing vehicles. We called the police and informed them of the situation. The nearest exit was 26 miles away. We were told to start driving towards the exit if we can maintain at least 55MPH in a 70MPH zone. After driving for 15 miles a state trooper pulled behind our truck and stayed with him until the exit.

First of all do your pre trip and any defects write them down. If you go to the nearest scale with major defects the driver will be fined and vehicle will be placed out of service. You are not allowed to drive a vehicle with a major defect,this is what the DOT and MTO will tell you after they give the driver the fines and it does not matter what the company said.
After your pre trip inform your company the status of your vehicle. If your brakes need adjustment do it yourself, it's quick and simple. If the defect is beyond your repair, have your company dispatch a repair unit to you. Once the unit arrives and does any major repairs make sure you keep a copy of the repair bill.

If your husband gets fired for this reason now you have a reason to sue the company and you will win because you did everything according to the law.