terminated for refusing to drive while sick

This! Except for a gal bladder deal I've never been too sick to finish a load. Then I got to the guard gate and promptly proceeded to barf and die at the counter.

 

There are really only 2 reasons I'll call in sick. Both are simply if something comes out of my body that I cannot control, either the north end or the south end, I'll stay home thank you very much. Now for feeling bad like coughing, cold, etc I'll work. I don't have to worry about getting anyone else sick and I'd rather feel bad and make money than feel bad and not make money.

-Steven

 

You may have a case under the STAA. You have 180 days to file a charge with OSHA. I hope you are not too late. I do not visit this forumvery often. I wish I had seen this sooner. Paul Taylor. Truckers Justice Center.

 

He has a decent case based on the information provided.

 

Sick or not, if you agreed to work for a company that requires you to drive under specific conditions, such as being available when they call, then you are committed because you knew this going in. They have a right to fire you. Not cool, but it is what it is.
Just as you have a duty to stay out of the cab if you are not physically or mentally able, companies have a right to let you go. In reality, you don't want to work for a company like that anyway! You win!

 

I just wanted to add, if a company forces you to violate any part of the FMCSR HOS or an unsafe condition and you can prove it, it will be a long legal road, but compensation may be in your favor. Again, if you can prove it.

 

§392.3 Ill or fatigued operator.
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.

§390.6 Coercion prohibited.
(a) Prohibition. (1) A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 171-173, 177-180, 380-383 or 390-399, or §§385.415 or 385.421;

(2) A motor carrier or its agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 356, 360, or 365-379.

(b) Complaint process. (1) A driver who believes he or she was coerced to violate a regulation described in paragraph (a)(1) or (2) of this section may file a written complaint under §386.12(c) of this subchapter.

(2) A complaint under paragraph (b)(1) of this section shall describe the action that the driver claims constitutes coercion and identify the regulation the driver was coerced to violate.

(3) A complaint under paragraph (b)(1) of this section may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint.
ITS CUT AND DRY THEY CANT REQUIRE YOU TO WORK WHEN YOUR ABILITY IS IMPAIRED. IF YOU FEEL ITS UNSAFE YOU SAY NO. ANY ACTION THEY TOOK TO COERCE YOU TO VIOLATE THAT IS ITSELF A VIOLATION OF FMCSA 390.6 AND SHOULD BE REPORTED. You can find the reporting procedure in 49 CFR 386.12(c)

 

I always said: if I was a company driver they would fire me the first week. For any number of reasons.