I Got Fired For Discussing My Hours Of Service

It's not that hard to find. 49 U.S.C. § 31105



THIS document may also be of assistance

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Doesn't apply. She didn't turn the company into a government agency. She had a verbal arguement with a company superior. There are already court cases that have shown this.

 

Cite case law, please?

Her protected action is highlighted below:

edit: more information from the whistleblower document:

So she didn't even have to DO any of those things; she just needs to prove that the company THINKS she did.

My friends, she has a case.

 

Whatever you think. I'll believe it when I see it. But, I won't hold my breath.

 

BTW, she was not forced to violate any reg or law, she was fired for thinking she would violate a reg, which she would not have and arguing with a company official about it.. Remember her statement about the mistaken belief of 15 minutes to perform pre and post trip inspections. OHSA and DOT "whistleblower" protection laws protect people that report violations of actual laws and regs, not someone's mistaken perception of the laws and regs.

 

I disagree. Even though there is not a minimum time requirement of 15 minutes, if she feels that she needs at least 15 minutes to inspect and be 'satisfied that the vehicle is safe to operate', then she needs 15 minutes. OSHA will not question this, especially when that's what's being taught in CDL schools. Go and measure the time that it takes for a pre-trip to be done during a DMV CDL exam, and you'll find that it frequently takes longer than 15 minutes. The company would be foolish to argue that point.

I reiterate that she has a case.

 

we'll see what other records pop up,well we won't see but the investigation will turn them up. From what I read 22 days of employment I would think most carriers would have something written in for a period of around 90 days to see how a person is working out and at any time either party has the right to terminate employment without notice. That's just me and I'm about 85% crazy and 10% apathetic so take it for what its worth.

 

interesting little tidbits

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=18450

 

OP,

if you haven't talked with a labor attorney,

do so ASAP.

 

yep make that attorney some money...
She was fired after 22 days, during a probationary period, where she can be let go for ANY reason.
She has NO case, but a lawyer will bleed it for all he can.

She made a choice to argue with a supervisor, insubordination, no case.
She does NOT understand the Hours of Service regulations.