Hi guys, my S/O and I are a tad bit concerned that the company he works for isn't being exactly..legal. He took a job relocation package last year to come live and work in MA. As you all know, New England has gotten several feet of snow in the past few days and my S/O didn't feel safe driving today. When S/O called in to work today and said he didn't feel safe driving and couldn't get out of the parking lot, work told him to shovel out and come in. He still didn't feel safe but they dismissed that fact in the next 3 or 4 phone calls. Finally, at 4:30pm, his boss calls and says he's on the way to pick him up so he can work. S/O says he doesn't feel safe controlling 18 wheels and mostly empty trailers in the snow. He is then told that if he doesn't come in to work, it'll be considered a 'service failure' and he will be fired. I was under the impression that he was protected by OSHA and once he said he doesn't feel safe driving, he cannot be made to do so. He is being coerced into driving tonight and they keep threatening to fire him if he doesn't comply. What's up with that?
Also, his pay was dropped without notice. I've tried to see if this is legal but there is so much conflicting advice, and the most recent search results I found were from 2007.
What's up with this? Is the company operating illegally or is this legal?
Coerced to drive and pay reduction. Is this legal?
Discussion in 'Trucker Legal Advice' started by addysaurus, Feb 2, 2015.
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And yes, employers can generally cut pay with no notice.Chinatown, addysaurus and dog-c Thank this. -
[h=2]I don't know what Coerced means?[/h]
Chinatown Thanks this. -
addysaurus and icsheeple Thank this.
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https://www.google.com/search?q=you...F%2F2nd2nada.net%2Fsuch-a-dick-gif%2F;460;309double yellow and icsheeple Thank this. -
Thank you so much for the help, double yellow! I will pass on the info to him when he gets home tonight. I was getting overwhelmed with searching out answers and when he texted me asking me to look these things up for him, it kinda sent me into panic mode. A few years ago, we were caught in a blizzard in the middle-of-nowhere boondocks in MO. The truck was sliding, there was nowhere to stop and it was near white-out conditions. He still has flashbacks to this (he genuinely thought we were going to get into a serious accident) so I think some of his apprehension about driving today stemmed from the MO experience. With time, I'm sure he'll push through this.
Stay safe out there! -
It's against the law to terminate an employee if the weather is bad. And they are unable to make it into work. Call the department of labor in that state. Explain the wrongful termination. The department of labor will contact the employer threatening are fine and wrongful termination suit by the state on the employee's behalf.
drvrtech77, NavigatorWife and Chinatown Thank this. -
Google : "Massachusetts at-will employment" and get the facts.
Consider moving to a location where the weather is better; like Las Vegas.A21CAV, bubbagumpshrimp, streetglider and 2 others Thank this. -
Then it might be too hot for him to drive.. Oh the air con broke and I'll sweat too much, I can't drive..
I know it's a fine line with weather and each person is different.
But if the rest of the trks. are out moving, then maybe he needs to suck it up and drive.
Yes I've been in blizzards and rain storms, found a safe place and waited it out. -
Chinatown, You in Vegas or the other house now?
When we fly back we are changing planes in Hong Kong..Chinatown Thanks this.
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