Forced to quit without pay after putting in notice

This sounds like Retaliation in violation of the STAA. Paul Taylor. Truckers Justice Center

 

Ma'am, read the above post. You and your husband are sitting on such a gold mine with this case, it's ridiculous. Get a lawyer. Get a lawyer NOW. Sue the hell out of them until you are digging into their bank accounts so hard, your greedy filthy lawyer is grabbing this douchebag by the prostate and squeezing every last cent out of their business!! You have a case. A lawyer will take this on a contingency fee and sue the hell out of them , at no cost to you. What state are you in? You need to make some phone calls. This question really needs to be posted on Avvo.

 

Just on the surface, this is a STAA case, retaliation of a whistleblower in violation of OSHA 11(c), STAA. You need to file a complaint with the federal OSHA immediately to preserve the rights. This is called a timely whistleblower complaint. Do not tell the company you will be taking legal action; but send an e-mail to the boss reiterating what exactly happened. Any response you can get from them, can be used in court.

Additionally, not paying a worker on time--in this case, immediately since he was fired--carries additional punitive damages payable to the victim outside of any other civil fines.

I bet you could squeeze a 6-figure settlement out of this guy if you get an attorney right away. This question should be referred to Avvo (sorry moderators, not trying to link to an outside site...)

 

I would be calling Mr. Paul(Opie)Taylor before the sun goes down today.

 

These people need to call Saul Goodman to break a few legs, by the sounds of it. Lady did you get a lawyer yet??

 

The driver could likely prove a constructive dismissal based on a pattern of retaliation due to whistleblowing or refusing to run illegally. I believe that could be the same cause of action as a wrongful termination in itself, if the pattern of employer misconduct can be proven and is documented.

 

Sometimes I search for our name to see what people are saying about us. I did it again today and found this post, despite it being old, i'd like to add my two cents.

First, we've had drivers quit with and without notice. Every driver is different. Some give two weeks notice, and they keep working for those two weeks. Sometimes stuff happens, the new job falls through, etc, and they end up staying on. Sometimes we only keep them on for the term of their notice because we need drivers. Sometimes we are glad they gave notice because we were so close to firing them, but hadn't yet, and we just let them go right away. MOST of the time, the decision to accept notice or terminate immediately is based on their past performance, how they quit the last place, AND where they are in relation to us and/or their home. We want to help a driver get his/her stuff out of our truck without having to rent a haul to get it home. We also don't want to store their stuff at our terminal after they've left, only to have to dispose of it 6 months later after they disappear and never claim their stuff. We've had drivers bring the truck back and then ask us how they are supposed to get home. If we fired them on the spot, I can see (but still don't accept) their point. So we TRY to get drivers through their home so they can clean out the truck. We've had drivers get home, clean out the truck, and then park it a mile from their house and then call us and say 'come get it', so we're careful to avoid that too.

Basically, you get what you deserve when it comes to notice/termination on the spot.

As far as a final paycheck when you quit, here are the laws by state…
http://smallbusiness.findlaw.com/em...n-resources/final-paycheck-laws-by-state.html

Just my two cents.. have a nice saturday all!

 

Always good to get another perspective on things thanks CM

 

Sounds like a fair and decent deal to me. Thanks for posting your side. Are you hiring now?