Truck driver fired after passing 8 drug tests in a row. Ex kept calling at the company with lies

Discussion in 'Experienced Truckers' Advice' started by longhairdontcare, Aug 12, 2022.

  1. longhairdontcare

    longhairdontcare Light Load Member

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    That's crazy.
     
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  3. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    WADR, stick to truck driving, don't become a lawyer. You are definitely wrong here, I'm sorry to tell you. You need to google what an "at will state" is.

    A company can fire you for any reason or none at all, as long as it's not one of the listed reasons the federal gov't has stated that you can't be fired (race, religion, etc.) You do not have a right to a job. You can be fired because they don't like your hair color.

    This assumes he lives in an at-will state, which most states are. Only Montana is not. The video says they are from Ohio, so he was terminated according to the law. The reason sucked, but it wasn't illegal.

    He MIGHT have a case against his ex for harassing his employer and "causing" him to be fired, but it would be weak at best. But he certainly has NOTHING against his old employer. They did nothing wrong.
     
    Last edited: Aug 16, 2022
  4. ZVar

    ZVar Road Train Member

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    You might want to learn to use google.
    At will isn't a 100% free pass for companies.
    The obvious example of you can't be fired because the owner doesn't like it when a girl takes maternity leave. There are tons more, and getting fired for the company not wanting to illegally make the driver do a drug test IS a slam dunk case against the company.

    I know you will try and argue otherwise with no proof,
    Here is an article that backs by claim. Read the first snetence of the article.
    "An at-will employee who disputed his positive drug test for cocaine can sue his employer for wrongful discharge because the employer violated state regulations on drug testing,"
    Fisher Phillips Court Upholds Wrongful Discharge Claim

    Note that because the company violated the law they can be sued.
     
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  5. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    AND he has an excellent case against his pixxant ex wife. she probably doesn't have any money, but he can make her financial life miserable for years.
     
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  6. snicrep

    snicrep Medium Load Member

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    they probably have their crazy "#####es" too.
     
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  7. snicrep

    snicrep Medium Load Member

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    Cordell & Cordell specialize in divorce to help the man. san antonio or houston.
     
  8. kranky1

    kranky1 Road Train Member

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    I noticed a trend. When these women jump out from under their rock years after the fact making wild accusations you ever notice it’s never some homeless guy on the bus that grabbed their ###?
     
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  9. Trucks66

    Trucks66 Light Load Member

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    You make a good point.
     
  10. Lennythedriver

    Lennythedriver Road Train Member

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    there are many federal labor laws that Companies must abide by or they can be subject to a lawsuit. This is not a free pass and does not give free reign, for companies and at will states to do whatever they want. Why do you think lawyers advertise “wrongful termination“ lawsuits in every state in America as much as almost any type of legal work they advertise? Examples…Trucking companies for example, falsely advertise what they’re going to provide for their employees, employee begins complaining because he’s not getting paid for what company advertised. Company rather than step up and pay him what they promised to fire him and throws them out and gets rid of him. That employee can sue. Company has an employee hired as a part-time employee but tricks him into or demands he work full-time. This way he doesn’t have to offer him benefits. But still get the benefit themselves of a full-time employee. Employee complaint, company fired him, employee can get a lawyer and sue. FOr a large amount of money by the way.
    Employee goes to HR and says is that her rear end was pinched or grabbed and sexual comments are being made in front of him
    Or her. Instead of dealing with the situation the company fires complaining employee. Employee can get a lawyer and sue.

    Atwill, does not mean you get to do whatever you want with impunity. Not by a long shot. If you’re a smart employer you still dot your I’s and cross your t’s and get a lot of Documentation together and a justification before terminating an employee in any state. The lawyers will find a way to sue you if you don’t.
     
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  11. Antinomian

    Antinomian Road Train Member

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    I always kinda suspected Swift was doing that when I was there. It seemed like the drivers who kept getting tested frequently were older men and females. I had five drug tests in four years. I haven't even seen pot since I was in college 40 years ago.
     
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