Well, here goes another post. My husband was working for a company and was involved in an accident where a lady hit his truck. He was not held at fault, the company played games and my husband was terminated the following week (even though they put he quit on his DAC report). He has a lawyer who's suing for lost wages in regards to the accident. Faxed the lost wages paperwork to former company 10 days after the accident. They never sent them back to the lawyer!!! Lawyers office has called and left messages with HR regarding the lost wages, HR not returning phone calls to lawyer. Also, the former company has screwed with paychecks since my husband left there and still owes him a paycheck.
We feel they need to be reported and maybe even get a wage/labor attorney involved. Any thoughts on this from anyone would be appreciated. We live in South Carolina, company corporate office is in Texas, husband was dispatched out of Florida terminal. Which labor board/attorney/BBB should he call?
Thanks for any help!!!
Reporting a company to labor board, BBB, etc....
Discussion in 'Trucker Legal Advice' started by Bob032361, Nov 19, 2012.
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Already have a lawyer, why complicate things?
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The lawyer he has is only representing him on the accident.
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I would find out with a local attorney then. But I would not say anything on a public internet forum about it.
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Talk the lawyer you have.
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Why would he need a lawyer for the accident if he was found to not be at fault?
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Because he lost wages!!!!
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Gee whiz I fell in a pothole in alabama and broke my foot.although I live in dayton the attorneys here said I have to get alabama attorney.no lawyer down there wants my case.Im a O/O who grosses 3000 a week and lost wages wasnt enough to fight it.Ill be off 8 weeks and occupational insurance isnt that great.Im trying to figure out how you could get a attorney to fight that
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Then he should have a lawyer representing him on lost wages, not on having an accident.
The lawyer representing him on the accident is a waste of money. -
If the lawyer has already filed suit, you need to make you that you advise of all potential claims against the former employer. Some state civil rules of procedure have what is known as the "One Action Rule" which generally requires you to make all claims that you have against a defendant in a single action rule. Generally if more than one claim arises out of the same set of facts, you must assert all claims in one legal action or else any additional claims arising out of the same set of facts are precluded from further legal action. Under this doctrine, the parties to a suit are precluded from litigating a second lawsuit using a different cause of action based on any issue of fact common to
both suits that had been litigated and determined in the first suit.
I do not know enough of the facts to determine that would be the case here.
NOTHING IN THIS POST SHALL BE CONSTRUED AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP.
Paul Taylor
Attorney At Law
www.truckersjusticecenter.com
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