Terminated for violating company policy

To the OP, you brought up a good point - you and your wife had a baby a week prior. I'm wondering if you were actually explained the family leave and medical act which if not explained to you by his company is a violation of the act and subject to EEOC investigation especially if you may have asked for or took any time off and maybe hassled about it or in this case maybe retaliated against because of the possibilities of asking for leave under the act.

By the way, file for unemployment and make the case that you followed company procedures and the FMCSA regulations but didn't drive the truck because you didn't have time to address the situation.

 

You do have a point. That could be used against him.

 

this is a copy and paste from the FMLA page on the DOL site

(Q) Who can take FMLA leave?
In order to be eligible to take leave under the FMLA, an employee must:

• work for a covered employer;
• have worked 1,250 hours during the 12 months prior to the start of leave; (special hours of service rules apply to airline flight crew members)
• work at a location where the employer has 50 or more employees within 75 miles; and
• have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.

 

Not exactly true my friend.. I do a pretrip every morning before heading out.. tire check when I stop and walk around when fueling. I see many guys doing the same thing when I am doing mine.
Been driving 11 years and no shortcuts to safety.. no accidents.. no tickets .. and no csa points...

 

Man thats funny lol

 

his boss probably calles it a Fire truck.
I got hired by Schneider after I was fired from Swift by the way. I had Class A 11 months of driving experience

 

You may have to see if they will hire you if you pass a companies truck schooling. A class b with only 5 mo I don't believe is really counted as otr experience, this maybe the holdup with some hiring you. Did USX even mention school to you.

Sounds like a real setup to me also.

 

To the OP, try a temp agency. They are starting to look for temps for FedEx and UPS for the holiday season.

 

You do have recourse. You know where the truck resides. You can always do a little p.i work. Follow the truck to a p/u or delivery. Jump out and see if the weld is still broken. If it is, take pictures (with time/date stamps and GPS location) of the still broken weld and the truck being driven. Any other safety violations? Call DOT and OSHA. File for unemployment. Even if nothing pans out, you can make his life hell for awhile. A ton of these local trucking companies think that the rules don't apply to them. No log book, shoddy equipment, running over hours, refuse to fix equipment safety violations, etc...and if you complain, they'll fire you and find somebody who doesn't care. But the upside to this is that DOT is starting to come down hard on these companies.

You could always say that the boss told you to touch him or you would get fired...