leviathan860
Member
What is the name of your state (only U.S. law)? Illinois
Federal Motor Carrier Law states that a driver cannot be required to drive by an employer when equipment does not pass a safety inspection or when the driver is tired.
I worked for a company for 14 months. 2 months ago we got a new boss who disregards safety, among other things. I was severely harassed one night for not wanting to complete a load when I had an air leak. If a truck has an air leak, the federal law states you're not supposed to drive. When the harassment occurred I asked to be switched to doing an over-the-road position. The manager said no, let's try to work it out. We had a meeting and I thought we had things sorted out.
Earlier this week, I was asked to go do spring training and have the oil changed in my truck. Due to scheduling issues I would either have to spend a day doing that, in which I couldn't deliver any loads, or I could do the training/ oil change on my day off. I asked the dispatcher, the person in charge of assigning loads, if I could work a partial day doing a short run on Friday if I worked my day off. He said sure.
I ended up working my day off. The next day, the dispatcher assigned me a short load. He got off work and the new manager looked at my assignment and decided to put me on a second load. I was supposed to leave for work at 2:15pm. He called me right at 2:15 to tell me that instead of working until about 10pm like I thought, I would have to work a second load. I explained to him the agreement. He said he didn't care. I told him that I had been up since 8:30am doing errands that I hadn't been able to do the day before because I was working and that I wouldn't be able to stay up very late. Eventually I agreed to doing a "short second load." At the time I hadn't been assigned one specifically. I got to work an hour later and saw my assignment. It would require me to work until 4am. I did not consider it a short load. I informed the manager that I would get tired before being able to complete the load. He said, "If you get tired, call this phone number and talk to that warehouse's dispatcher." I went outside and called the other dispatcher and told him what was going on. I told him I wanted to let him know now so that he would be prepared.
The next day I was fired. The new manager is saying that I was technically fired for agreeing to do a load and then turning around and calling another person to get off the load. This is not what happened. There was one witness to me saying, "I'm going to be too tired to finish this load," to the ne manager, but he could be easily coerced, threatened, or coached.
My question is, I know that these two incidents were breaking the law. How realistic is it of me to pursue criminal/civil charges and win?
And what sense does it make for him to persuade me into not leaving for a different position within the company and then a few weeks later fire me, which bars me from working anywhere within the company? If I was so lousy, why not let me go when I wanted to?
Federal Motor Carrier Law states that a driver cannot be required to drive by an employer when equipment does not pass a safety inspection or when the driver is tired.
I worked for a company for 14 months. 2 months ago we got a new boss who disregards safety, among other things. I was severely harassed one night for not wanting to complete a load when I had an air leak. If a truck has an air leak, the federal law states you're not supposed to drive. When the harassment occurred I asked to be switched to doing an over-the-road position. The manager said no, let's try to work it out. We had a meeting and I thought we had things sorted out.
Earlier this week, I was asked to go do spring training and have the oil changed in my truck. Due to scheduling issues I would either have to spend a day doing that, in which I couldn't deliver any loads, or I could do the training/ oil change on my day off. I asked the dispatcher, the person in charge of assigning loads, if I could work a partial day doing a short run on Friday if I worked my day off. He said sure.
I ended up working my day off. The next day, the dispatcher assigned me a short load. He got off work and the new manager looked at my assignment and decided to put me on a second load. I was supposed to leave for work at 2:15pm. He called me right at 2:15 to tell me that instead of working until about 10pm like I thought, I would have to work a second load. I explained to him the agreement. He said he didn't care. I told him that I had been up since 8:30am doing errands that I hadn't been able to do the day before because I was working and that I wouldn't be able to stay up very late. Eventually I agreed to doing a "short second load." At the time I hadn't been assigned one specifically. I got to work an hour later and saw my assignment. It would require me to work until 4am. I did not consider it a short load. I informed the manager that I would get tired before being able to complete the load. He said, "If you get tired, call this phone number and talk to that warehouse's dispatcher." I went outside and called the other dispatcher and told him what was going on. I told him I wanted to let him know now so that he would be prepared.
The next day I was fired. The new manager is saying that I was technically fired for agreeing to do a load and then turning around and calling another person to get off the load. This is not what happened. There was one witness to me saying, "I'm going to be too tired to finish this load," to the ne manager, but he could be easily coerced, threatened, or coached.
My question is, I know that these two incidents were breaking the law. How realistic is it of me to pursue criminal/civil charges and win?
And what sense does it make for him to persuade me into not leaving for a different position within the company and then a few weeks later fire me, which bars me from working anywhere within the company? If I was so lousy, why not let me go when I wanted to?