Getting sent home from orientation because you're a fatty?

Discussion in 'Questions From New Drivers' started by SmokeyDiesel, Jan 17, 2015.

  1. BooshWhacker

    BooshWhacker Light Load Member

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    I proved I dont get Sleep apnea by Reading the FMCSA manual without dozing off.
     
  2. Ridgeline

    Ridgeline Road Train Member

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    OK guys/gals, all fifty states, DC and PR are all at will employment states.

    Every one of them has no laws about hiring/firing people unless there is a large amount of people, in my state I think the number is any lay-off or mass firing over 150 people has to be registered with the DoL of the state.

    in other words, IF I have employees, I can fire any one of them without a reason and don't have to give on nor am I responsible for any reasonable time from my decision to terminating their employment.

    The right to work states also differ in form and function. My state is a "right to work" which means a worker can opt out of a union. However some states allow negotiation of wages and benefits which allows the employer to fire the person you are replacing with no real reason to be given and hire you at the negotiated agreement of employment.
     
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  3. HotH2o

    HotH2o Road Train Member

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    Not exactly true. If you are employed at will, your employer does not need good cause to fire you. In every state but Montana (which protects employees who have completed an initial "probationary period" from being fired without cause), employers are free to adopt at-will employment policies, and many of them have. In fact, unless your employer gives some clear indication that it will only fire employees for good cause, the law presumes that you are employed at will. That applies to hired employees. When you're in orientation you aren't exactly hired so they can release you and wouldn't have to prove anything. IMO
     
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  4. Vilhiem

    Vilhiem Road Train Member

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    True. I wasn't considering the provision companies take for newer hires. I was more speaking about established employees.
     
  5. Ridgeline

    Ridgeline Road Train Member

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    Montana is not really an exception, the statue that governs this - Wrongful Discharge from Employment Act - has some flaws while it still offers some latitude for companies based on companies needs/performance of the employee, it is not full protection to an employee.
     
  6. GasHauler

    GasHauler Master FMCSA Interpreter

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    The way I figure employment is if you do your job then the worry is low. Most times a company that fires drivers all the time is no company I want to drive for. I got my last job with a large oil company that still trusted their drivers and invested in their career. Even if I was let go for any reason I had a skill of hauling gasoline which put my line of work in demand. So a word of advice to new drivers, try to get specialized. You can go many places like heavy haul, certain chemicals that require extra training, just any job that needs the driver to know more than just getting down the road. The driving type is fine in the beginning but the faster you get a job that a company needs to invest in you the better off you'll be.
     
  7. Vilhiem

    Vilhiem Road Train Member

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    That's good advice. At the moment I'm trying to figure out where to go next. About a week ago my gut was telling me that it's time to start looking for advancement chances.
     
  8. GAlanFink

    GAlanFink Medium Load Member

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    You do realize that the DOT does require that you meet physical requirements as well and, EOE has nothing to do with being able to pass requirements of the job.
     
  9. Florida Playboy

    Florida Playboy Road Train Member

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    It really is none of their business what you were doing during an employment gap. Maybe you wanted to relax in Europe or Asia for a few months? These mega bottom feeders not only pay insulting wages but intrude on people's privacy.
     
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  10. walstib

    walstib Darkstar

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    If it's an at will state, they don't have to give you any reason...Could be your smell, they don't have to tell you...