wrongfully fired from Schnieder

Discussion in 'Trucker Legal Advice' started by Mr DC, Dec 2, 2009.

  1. Mr DC

    Mr DC Bobtail Member

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    Dec 2, 2009
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    I was recently fired from Schnieder National cause while On Duty park on off ramp exit 89 off I95 north bound because truck engine light came on, well after 7 min after parking a Va state trooper knocks on my door to check to see if I was ok, i told him I was ok and light came on, he advise me that I was park in a NO PArking Zone and wanted license and registration, I proceeded and give it, He then says that he does not need registration, 15 min later he comes back with 2 tickets for parking in No parking Zone and Failure to not have Registration, (What the Hell!) i ask why the 2nd ticket when I presented it, trooper replies you didnt present it in enough time, What! I replied and proceeds to tell me court date and time. I didnt sign the ticket and was arrested for Obstruction of justice,also trooper tore arm out socket cause i ask for another trooper to come out to scene because I felt i was being pofiled and I called 911, I sign out next day and was told to drive the truck back to NC after picking up an empty trailer in Richmond Va. I did and drove back 367 miles back to Newton NC to Target DC center, 2 days after weekend past I was fired cause Regulartory says that I am not hiring criteria for having a criminal pending charge. Im pist, then they said It would be to companies best interest that i didnt drive cause IF i got into accident and kill some1 they would be at great liabilty. HMM well why did they let me drive all the way back from Richmon Va to Newton NC with out a drug test because law requires that they were suppose to do that before even letting me step foot back onduty and driving status, Now Im fired for having a pendingcriminal charge and the company offered my job back after I go to court on Jan7th of 2010, Do I have a case , please advise
     
  2. RickG

    RickG Road Train Member

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    Several questions here .
    Why did the engine light come on ?
    That is often because the engine is low on water or oil which could be due to negligence or it could be overheating because of a broken belt .
    Why did you not sign the ticket ?
    A ticket is not an admission of guilt and the resulting charge is what cost you your job .
    Why do you say a drug test was required ?
    I haven't seen anything in your explanation that would have required drug testing ?
    What happened to the truck when you were arrested ?
    If parking on a ramp is unsafe they didn't allow it to stay there , did they ?
    Companies can fire anyone any time they want and don't even have to give a reason , especially if you were hired in an "at will " state .
    You probably could have had a lawyer beat the traffic tickets . You hung yourself by not simply signing .
     
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  3. luvmyhubby

    luvmyhubby Road Train Member

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    Everyone always says to not argue with the cop, just be polite, take the ticket and be on your way. You can get legal input later. The side of the highway is no place to stand your ground. IMO, some of your actions as you state them indicate that your attitude might have been considered "hostile" which is NEVER a good thing.
     
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  4. stlwaco

    stlwaco Light Load Member

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    The Obtruction will stand. As for the Failure to provide Registration, did you make a copy of the truck's Cab Card before you left it? If not, that charge will most likely stand as well.
     
  5. High Desert Dweller

    High Desert Dweller Medium Load Member

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    Google search "at-will employment".

    Essentially, either party (employer or employee) can terminate an employment agreement without cause and without giving prior notice. You have a weak case, sorry to say...
     
  6. jtrnr1951

    jtrnr1951 Road Train Member

    Drive-By Poster ?? Sometimes folks post, then disappear forever !! But being Pumpkin, it doesn't look good for you. Best Of Luck !! (if you can read this)
     
  7. southernpride

    southernpride Gone But Never Forgotten

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    my friend your not going to like what im going to say but you ask, no you do not have a case. the company can fire you for any reason anyplace and anytime , ITS THERE TRUCK.just as you can quit your job any place at anytime.

    your first mistake was going to work for snyder in the first place , your second mistake was refusing to sign the ticket always a bad move it is considered resisting arrest without violence and always means jail.

    you need to pick your own place to do battel such as a court room , not besides the road and your not by anymeans the only driver to learn that the hard way, you need to remember the cop has the badge and the gun not to mention the authority.

    let it be a lesson remebered pay your fine, find a job and move on , it would be in your best interest. best of luck.---southernpride
     
  8. REDD

    REDD The Legend

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    I'm curious to here the real story! Everyone seems to be wrongfully fired!
     
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  9. jtrnr1951

    jtrnr1951 Road Train Member

    There is no REAL STORY, in the Truckers Twillight Zone !!!! These drivers are ALL wrongfully fired !!
     
  10. TIMMM

    TIMMM Bobtail Member

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    Mr. DC, And I thought I had problems. 1 thing for sure no matter what happens and Im speaking from my own experience. Its good to have an attorney. Ive always felt by telling the truth a guy does not need 1 but they do. Thats a fact, because State Police get revenue from the money they can generate no matter how they go about getting it. The guys are right, take the ticket and deal with them later!! I've gotten tickets and have written letters to the courts as well as State Police posts where the guy works out of as well as to the states DOT for that part of the state. And Because I went into detail which is something you can't make up they have been dismissed. I have a speeding ticket from 4 years ago under 10 over but thats my problem and i have to accept that. But other things, thats different. You can also be assured that some of the leo's do not expect a letter to go to their headquarters along with copies to the courthouse and the DOT. Im sure they get a little embarrased when you bring up if you were not treated properly. Letters do go a long way. They kept my money though! And when sending letters and fines always send it in a big priority mail envelope w/signatures . And there is no such thing as having a case, an employer can hire and fire you for anything they darn well please. The EEOC, thats nonsense as well. I have a case pending from over a year ago but I will not hold my breath if they are still investigating it and the lady said it can take up to 2 years thats garbage. Nothing takes that long. And lastly its not hard making pickups and drops providing you dont have some arrogant dope cutting your driving time. Companies have the uncanny ability of making problems out of nothing.
     
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