Covenant claims load abandonment, anything I can do?

Discussion in 'Trucker Legal Advice' started by MisterDoctor, Dec 13, 2023.

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  1. Stringb8n

    Stringb8n Road Train Member

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    That's the truth too. Never see their trucks even pulling their own trailers anymore.
     
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  3. Stringb8n

    Stringb8n Road Train Member

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    They can't fire you for anything protected by federal law. I was fired once for blowing the whistle on operating unsafe equipment. A few days before the de novo review before an ALJ, the company hired an attorney who either called on 3 way, or from the company office and told me to come pickup my money in crisp $100 bills. Signed a two sentence "release" and the matter was settled.
     
  4. PaulMinternational

    PaulMinternational Road Train Member

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    Actually there is a lot more to it than you think, Especially if they have written policies regarding such things or as in this case the Employee was given clear direction from a person that had the authority to make the decision and instruct the employee on what he was allowed to do.
    Why do you think the attorney picked it up and wrote the letter of demand pending litigation!

    I may not have a legal degree but working for big companies for many years has given me insight into many wrongful termination litigation situations in so called at will states.
     
  5. MACK E-6

    MACK E-6 Moderator Staff Member

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    “Load abandonment” my ###. This is 100% grade A bull cookies if ever I’ve seen it.

    Let me get this straight. OP is running team with somebody. The load took him past his house. His co-driver dropped him off, delivered the load, and then came back and picked him up.

    This is a stretch that would make Plasticman jealous.

    #### Covenant. Lawyer up and ring their bell, if anything just on principle, to say “this is what deserves to happen to scumbags”.
     
    PPNLE and hope not dumb twucker Thank this.
  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    None of that matters, man. You can be fired for NO REASON. That means you can come to work, having been named employee of the year the day before, and be given a pink slip. As long as the reason given is not one of the restricted reasons by the gov't they can fire you. Now this stuff changes ONLY if you're a member of a union, which I doubt the OP is based on what he said.

    He might have a case fighting the "Load abandonment" thing on his DAC, but he has no right to a job nor a right to sue for wrongful termination.

    You have to remember you have no right to a job. Just like you can quit any time, you can be fired for any reason or none at all. It sucks, I'm not saying I think it's good, I'm just telling you what the law says.


    An attorney picked it up because he paid one to threaten on legal letterhead. His attorney didn't demand the job back, it demanded the DAC be straightened out. TWO TOTALLY DIFFERENT THINGS. He does have a right to get his DAC straightened out because that effects future job offers.

    I sued my neighbor when his dog attacked my dog in my yard and I had to rush her to the vet. I sent him a demand letter that he pay her vet bills. He lawyered up and I got a letter from his lawyer. Undeterred, I then sued him and won with a settlement out of court for vet bills. I know what I'm talking about. I've been wronged many times being hit in cars, run over on motorcycles, dog attacks, being shot, and filed several lawsuits, both with and without lawyers and have won them all. You don't have to be a lawyer to KNOW the law, you only have to be a lawyer to practice law.


    Please learn what "at will" employment means. It doesn't mean ONLY IF YOU SCREW UP.
     
    Last edited: Jan 16, 2024
  7. PaulMinternational

    PaulMinternational Road Train Member

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    Exactly, what do you think wrongfull termination means. You see if I call something wrongfull termination it might not be the exact thing worded on a law suit ( note I am no legal expert) but again your still not correct and I have seen large settlements with most not ever asking for the job back. So maybe your small legal cases might not apply as you think.

    So if you have a written policy and you don’t follow it for one but for everyone else, is it discrimination towards that one person or wrongfull termination. Or both? Get it we don’t all talk or use perfect legal terminology and unless your in a room full of attorneys you should understand that. My guess is this guy could have gotten much more had he pushed and call it what you will legally it was still wrongfull termination no matter what it might be called on a legal document. You can split hairs on the wording all you want but that is the bottom line!
     
  8. ZVar

    ZVar Road Train Member

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    There's no point in arguing with that troll. He can never be wrong, no matter how wrong he is.
    In this case he flat refuses to understand that labor law is extremely complex and that it's not black and white in most cases.
    Heck, lawyers spend their whole career on this.
     
    hope not dumb twucker Thanks this.
  9. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Yea, and you ain't that person.

    Show me where the OP's reason is listed here:

    employment-at-will doctrine
     
  10. PaulMinternational

    PaulMinternational Road Train Member

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    I kind of figured that. For me to explain some of the complexities I have seen on this subject my wording would probably give him about 3 years worth of arguing about specific wording I used compared to specific wording that was actually used in the court cases. This is why I said go see an attorney.
     
    ZVar Thanks this.
  11. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    No, I just know what I'm talking about. Name calling and personal attacks tell me that you DON'T know what you're talking about.

    Yet more proof I'm right for the know-it-alls here:

    LouisianaLawHelp.org | Find Legal Help Here.

    Oh look, that's exactly what I said. Yet again, I'm right. And I don't have to personally attack someone to prove it, either.

    At will is at will. It's been discussed AD NAUSUM on other forums. Everyone always thinks their little situation is different when it's not. You don't have a right to a job. PERIOD. Unless you are unionized. Or are fired because of your race, sex, national origin and all that. I can PROMISE in the paperwork that he signed when he started, his company made him sign a document stating that his employment was at will and could be terminated at any time by either party.

    Please show me the law stating that Covenant broke the law. I've showed you the law where they didn't. You prove me wrong. You make the claim, you back it up. Now to be clear, I mean broke the law in regards to firing him, not the DAC issues. There are some definite issues with regards to his DAC.
     
    Last edited: Jan 16, 2024
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