Can they do this???

Discussion in 'Questions From New Drivers' started by Deek, Jul 2, 2010.

  1. jtrnr1951

    jtrnr1951 Road Train Member

    Right to work state makes no matter in this instance .......
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Powder Joints

    Powder Joints Subjective Prognosticator

    7,687
    7,780
    Sep 25, 2007
    Rosamond, SoCal
    0

    This is true to a degree. If they terminate because they are no longer in need of your services, and they invoke the at will portion of the right to work laws thats one thing.

    But when they fire you for a reason they open themselves open for wrongful termination lawsuits. If the hiring company knows upfront about the 15 mph violation and continue the process of training and incurring cost's there is a good chance of not only getting the charges legally refunded but possibly getting damages awarded from the court.

    In any case if you feel violated, and any other reasonable person would feel violated then you stand a fair good chance.

    Go for a (normally free) consultation with an attorney. It really does not matter what is said here, it what will happen if you pursue it. But I have seen first hand trucking companies change there mind on whom owes who when they get served.
     
  4. jay100873

    jay100873 Bobtail Member

    28
    10
    Jul 4, 2010
    Tulsa, OK
    0
    If you signed a document stating that they have the right to terminate at any time im sorry to say that they can let you go at any given time without any recourse or action. :biggrin_2557:
     
  5. Ike

    Ike Light Load Member

    262
    88
    Aug 30, 2009
    Virginia Beach, Virginia
    0
    It maybe depending on the state, In Virginia theres a list of violations that are considered Reckless driving. But 15 over, No, speeding in excess of 80 mph, or 20 mph over the posted speed limit. plus a list of other things, like racing, passing a stopped school bus, etc... like I said it mabe state t state.

    If your MVR does not say Reckless driving then it is not. And reckless is a 6 pt violation.

    :biggrin_25525:
     
  6. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,981
    Apr 4, 2007
    0
    The problem here is that the Insurance companies are looking at past history and trying to predict the future.

    Under the FMCSA, 15 mph is a Serious Traffic Ticket and leads to disqualifications.

    I would suggest reviewing the following and keep in mind that they no longer make a difference between a personal vehicle and cmv for tickets.


    http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkKey=090163348002386d
     
  7. Ike

    Ike Light Load Member

    262
    88
    Aug 30, 2009
    Virginia Beach, Virginia
    0
    Well all I can say is I report what is on my MVR, If my MVR does not say reckless driving, I will say I have not been charged with reckless driving.

    If I am asked have I been convicted of speeding in excess of 15 MPH over the speed limit I will say yes.

    But if they ask that same question and add "in the last 3 years (or 36 months) and its been 4 years, I will sy no. even though it stays on my MVR for 5 years. They obviously only care about the last 3.

    Just my opinion. but I was always taught K.I.S.S (Keep It Simple Stupid)
    and RTFQ (Read the ******* Question) :biggrin_255: They have my MVR, so they can see the same thing I do.
     
  8. Ike

    Ike Light Load Member

    262
    88
    Aug 30, 2009
    Virginia Beach, Virginia
    0
    And by answering the questions that way, I would not feel like I am hiding anything. I would give them the info and let them decide.

    :biggrin_25515:
     
  9. Broken Spoke

    Broken Spoke Medium Load Member

    570
    173
    Mar 22, 2010
    Tucson Arizona
    0
    I know a driver that reports stuff more then 30 years ago. He said you MUST disclose EVERYTHING.
     
  10. jimtruker54

    jimtruker54 Bobtail Member

    32
    12
    Sep 24, 2007
    texas
    0
    With the new CSA 2010 rules the ticket will be there forever .And like most big companys they will hire you make you do through all the hoops and then tell you your fired. Seems to me they do it backwards find out about the person first then hire them they make you waste way to much time and money thinking you have a job just to keep you from looking at other companys. Only to find out your not what they want. Makes it bad for everyone.
     
  11. jtrnr1951

    jtrnr1951 Road Train Member

    Another drive-by poster ?????

    Post once, beitchen about things, then disappears !!!!!!!!!
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.