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Thinking about persuing a lawsuit

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levathian860

Junior Member
What is the name of your state (only U.S. law)? Illinois

I believe my employer is engaging in retaliation and slander against me for making a workmen's comp claim. I work as a truck driver for Schneider National Carriers at a terminal based in Urbana, IL. I contacted my supervisor for treatment of a work related injury on September 22, 2008. The next day the loss prevention manager called me about my claim. He asked me to explain the accident and the activities involved with it. When I explained he suggested that I was making up the story. He informed me that if I did end up making a workmen's comp claim he would investigate it and if it was found to be fraudulent I would be fired and prosecuted. I told him I felt he was trying to harass me out of making the claim. He said he was not, but he continued to try to talk me out of making the claim. I ended up making the claim. I had to call a different person within my company to make the claim. I do not understand why this loss prevention person called me if only to harass me. I had been under the impression that I had to make the claim through him. I was examined for the injury and answered my questions regarding the incident but I have never heard anything regarding the investigation of fraud.


On December 1, 2008 I was at a terminal in Indianapolis, IN. I had just finished winter training which included a classroom portion and a driving portion. I got a very good review. I proceeded to the gate of the terminal and remembered that I had to get a permit for my truck. I needed to back up away from the gate so that it wouldn't be blocked. I put on my four way flashers and checked my mirrors and slowly began backing and turning. I noticed a van was behind me so I stopped. I waited approximently one minute and noticed the van was not moving. I backed up a few more feet to signal to the van that I was trying to get out of the way. I could see clearly that I wasn't close to the van. There was plenty of room for him to either pull forward and turn or back up. Again he did not move and I waited another minute and turned the truck off and got out. I started walking back and the man driving the van started yelling at me. I didn't understand what he was saying but I yelled back for him to move backward and signaled moving backwards with my hand. He still did not move. I went into the building and came back out a minute later and my truck had been moved and the van was gone.


The next day was my day off. The day after that when I got to work my supervisor informed me that the man in the van was a member of upper management at the company. He had informed the loss prevention manager of what happened. This guy was the same manager that harassed me about my workmen's comp claim. He had decided that I need to go to an unpaid remedial training course based on me backing up too close to the van. I was not allowed to do any paid work until I completed training. I asked to see a copy of the security video showing that I was too close, but I haven't received it. My manager was asked to fill out an "incident report" but he said nothing on the list of "incidents" fit what I had done. In March of 2008 I ran into concrete bumper and caused thousands of dollars worth of damages to the truck. I had a "preventable accident" was added to my work record. I was not required to go to remedial unpaid training at that time. In May of 2008 I hit a low bridge, but did not cause any damage to the trailer. An "incident with no damage" was added to my work record. I was not required to attend unpaid remedial training then either. Yet, I am required to attend training when I didn't do anything that qualifies as an "accident" or an "incident."

I believe this requirement is intentional retaliation on the part of the man driving the van and the loss prevention manager. Attending this training will be a black mark on my work record which will negatively influence future potential employers.

Any advice?
 
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cbg

I'm a Northern Girl
Yes, I have some advice for you.

Edit your post to include some paragraph structure and white space. Maybe someone will read it then. Few if any responders are going to ruin their eyes trying to make sense of that huge block of text.
 

ecmst12

Senior Member
They can require you to go to the training. They can NOT refuse to pay you for it. They CAN refuse to let you do any other work until you complete the training.
 

Zigner

Senior Member, Non-Attorney
Additionally, they can fire you for unsafe driving. Two preventable accidents and now this incident of backing too close to the van (driven by "upper management" no less).

Are you a member of a union?
 

levathian860

Junior Member
They can require you to go to the training. They can NOT refuse to pay you for it. They CAN refuse to let you do any other work until you complete the training.

Truck drivers don't fall under the fair labor law of 1936, so we have a lot less rights than most workers, including the right to be paid hourly for our time. It is legal for them to not pay me for training. I guess you don't know what you're talking about so I'll ignore your other comments.
 

levathian860

Junior Member
Additionally, they can fire you for unsafe driving. Two preventable accidents and now this incident of backing too close to the van (driven by "upper management" no less).

Are you a member of a union?

I had a preventable accident in March, an incident in April, and a non-accident, non-incident in December. I went to the training today and the lady said she had no idea why I was there because usually people who come there have a recent history of multiple accidents and incidents. We went on a driving test, which is what I did Monday in the company wide winter training, and went over other things we did on Monday. The person who required me to go to training was the same person who harassed me about filing a workmen's comp claim. It's pretty obvious to me that this isn't a safety issue, but a retaliation issue. Otherwise I would have gone to training for the other two mistakes I made. They don't want to fire me because then they would have to pay me unemployment. Their goal is to make me attend unpaid training to waste my time and tick me off. The next thing they can do is demote me to another type of driving job.

You seemed to agree with the other poster that not paying me is illegal. It's not.

My question is do I have a case, and how do I move forward with filing it?
 

ecmst12

Senior Member
If they fire you for unsafe driving, they might be successful in contesting your unemployment claim.

If it's legal for them to make you go to unpaid training, then it's legal for them to require it in this case. They can annoy you as much as they want. They can also demote you. If you quit, you will have a lot harder time getting UC then if you let them fire you. If your demotion results in a loss of income, you can try to apply for partial UC.
 

levathian860

Junior Member
If they fire you for unsafe driving, they might be successful in contesting your unemployment claim.

If it's legal for them to make you go to unpaid training, then it's legal for them to require it in this case. They can annoy you as much as they want. They can also demote you. If you quit, you will have a lot harder time getting UC then if you let them fire you. If your demotion results in a loss of income, you can try to apply for partial UC.

So it's legal for an employer to harass and retaliate against an employee for making a workmen's comp claim?
 

ecmst12

Senior Member
What proof do you have that they are "harassing" you for anything other then the incident that occurred recently? You were allowed to file your claim, it was found to be valid and you are apparently satisfied with the outcome. The whole thing is over and done with now, what reason would your employer have to ask any more questions about it?
 

levathian860

Junior Member
What proof do you have that they are "harassing" you for anything other then the incident that occurred recently? You were allowed to file your claim, it was found to be valid and you are apparently satisfied with the outcome. The whole thing is over and done with now, what reason would your employer have to ask any more questions about it?

The proof would be the LP guy tried to talk me out of it and the fact that he decided I needed to go to this unpaid remedial training for a minor thing which I believe, based on what the trainer said, and my own history, is unprecedented. I don't think this company could give evidence that other employees who have made one driving mistake which didn't qualify as an "accident" or an "incident" have gone to this training. As the trainer said, she hasn't seen anyone come through there that hadn't either had one serious "accident", or several "incidents" in their recent history. The case would hinge on that. That I was sent to training as punishment, not for safety reasons. I think the evidence is direct, it is clear that this was retaliation.

My question is, is this type of retaliation illegal? I read that in some states they have to actually fire you, some states are less strict. Seems like this type of retaliation will be more difficult to figure out since in most cases employers can't force you to work without being paid. It's its own category.


Look if you guys don't believe that there are a lot of evil trucking companies go to The Truckers' Report - Making Sense Of The Trucking Industry and read about some of them. Some of the stuff that goes on own happens in this industry and in 3rd world countries. We are not protected by laws like you are.
 

levathian860

Junior Member
What proof do you have that they are "harassing" you for anything other then the incident that occurred recently? You were allowed to file your claim, it was found to be valid and you are apparently satisfied with the outcome. The whole thing is over and done with now, what reason would your employer have to ask any more questions about it?

I hit my head on the truck door and got dizzy for it, and according to my company, needed to be examined for it. The bill probably cost $150. It's a hard thing to disprove that that happened. It would also be one big legal mess if they tried to deny me. I think they want to push to the edge what they can do legally: trying to talk me out of it, forcing me to go to unpaid training.
 

eerelations

Senior Member
Look if you guys don't believe that there are a lot of evil trucking companies go to The Truckers' Report - Making Sense Of The Trucking Industry and read about some of them. Some of the stuff that goes on own happens in this industry and in 3rd world countries. We are not protected by laws like you are.


Nobody here said that they didn't believe that you're working for a bad company, or that bad companies don't exist. In fact, I will go out on a limb here and state that I'm 100% certain that all of the responders here firmly believe that there are indeedy at least several evil trucking companies in the US.

All the responders are trying to do is to determine whether any laws have been broken with regard to you personally, and if so, what you might be able to do about it.
 

levathian860

Junior Member
Nobody here said that they didn't believe that you're working for a bad company, or that bad companies don't exist. In fact, I will go out on a limb here and state that I'm 100% certain that all of the responders here firmly believe that there are indeedy at least several evil trucking companies in the US.

All the responders are trying to do is to determine whether any laws have been broken with regard to you personally, and if so, what you might be able to do about it.

Yes, that's what I'm looking for. Either "Yes, this illegal because of this legal code" or "No, this is legal because of this legal code." No one has been able to answer it, or direct me to Illinois legal code regarding worker retaliation and harassment issues. Please help. I think it's time somebody stood up to this company. Most truckers have either a high school diploma or less. They put up with a lot of crap.
 

cbg

I'm a Northern Girl
In other words, you want a black and white answer to a question with a lot of shades of grey. You don't want much of a free site where the responders are all volunteers, do you?
 

ecmst12

Senior Member
It seems like a tenuous connection at best, given the time that passed between injury claim and other incident, and given that you were allowed to proceed with the claim and got the needed treatment. It would have been illegal for them to refuse to allow you to file the claim, but that's not what happened. If you want specific advice on your specific situation, you are going to have to either go to the DOL, or consult a lawyer.
 
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