Certainly not dancing around anything. Wanted to put a synopsis of the situation out there before getting into all the details. Honestly didn't think anyone would be interested in my post. Thanks for your response though!
Is there anyone I can call for wrongful termination?
Discussion in 'Experienced Truckers' Advice' started by Rollinsteady, Jan 20, 2014.
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Thank you HeavyHaulerss, I appreciate your comment. Thought other truckers might be understanding.
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Do you work for Eagle?
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These state laws referred to as "Right to Work" laws. Well, they're more accurately described as your employer can do whatever they want, pay you whatever they want, and get rid of you whenever they want for whatever reason they want. As long as it is not something that is against a state labor law or federally illegal because of protections under the ADA (American with Disabilities Act) or EEO (Equal Employment Opportunity) laws, which can be very very difficult to prove, there's not much you can do about it. If you are a part of a Collective Bargaining Agreement (represented by a Union), regardless of whether you are an actual dues paying member or not, you may have some recourse through Union and CBA. [In many 'right to work' states, even if a workforce is subject to a CBA, it is not mandatory to join the Union to be represented by the Union.]
Rollinsteady Thanks this. -
No, not eagle. Although I might soon I guess
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My company unfortunately isn't part of the Union. I am considered an "at will" employee. I guess the thing that bothers me so much is that they blame me for this "spill" that never happened. They fire me for it, yet they never report it. When the mechanic told the dispatch supervisor, he did nothing. I was on the yard at that time and if he had asked me if this happened I could have told him no! We could have gone out to the site and proven there was no spill. Instead the mechanic and DS did nothing until the next morning when the TM came in. To date no one called safety, risk management, or EPA. If it was such a major spill, wouldn't they be required to contact these people?
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your question would be best answered by a attorney in your state. Everything you get here will be personal opinion and speculation. As mentioned before if you are an at will employee your employer can just tell you thanks and see ya later. If anyone has lied to get you removed from your position then they can possibly be held liable. in the end though your still looking for a job.
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Ok, a few of my 2nd to last employers, x-employees got around right to work in these situations by passing up the wrongfully termed allegation and going straight to litigating the accuser and the terminating manager personally. They then would flip back by amending the court document to accuse the company's senior management of negligence in the management of the company, resulting in their serious personal loses.
In short you need to get a better then average lawyer, willing to go in the back door, via the general liability path based on miss management.
I'm trying to remember the phrases, something like, the client was terminated for a proper and just cause, however the cause was (something I forget) due to ignorance (or maliciousness ) of the one person, and the lack proper verification do to defective training by the company of the other person.
Sorry I can only remember the over all concept...the company settled 50% of these.Rollinsteady and KnowledgeSponge Thank this. -
Is there some way for me to prove that this person lied about me? I also have witnesses that are willing to state that this person stated to him and other drivers that he doesn't like me and is going to get rid of me. We have had conflict in the past.
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Thank you very much! I don't want to have to do this because I really do love my company. I'm a committed driver and I'm sad that they would do this to me. However, if they choose to uphold my termination, I will take legal action. I just hope HR comes in and realizes something isn't right with this situation.
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