Truck Driver terminated on side of road

Previous | Next
 rated by 0 users
Latest post 08-17-2012 1:52 PM by Cica. 6 replies.
  • 08-17-2012 12:09 AM

    Truck Driver terminated on side of road

    Background:

    I live, and was hired from the state of NV for an employer based in AR and was terminated in CA. I was a driver for a small fleet with a primary job function of loading produce in CA to provide loaded trailers to teams to deliver in the Southeast. The agreement was for a salary of $950/week including 4 days off per month. I had worked for the company 2 years, 11 months, approximately 16 months of which with these terms.

    I was terminated in CA on 8/10/2012 for not answering the phone on 8/09/2012 after being told by payroll my services "would no longer be needed" if I was ordered to pay child support based on my salary. The employer towed the truck for the purpose of securing it while terminating me to a location away from any other businesses and demanded I depart the truck with my posessions within 15 minutes. I lost approximately $2000 in belongings, had to sleep on the sidewalk as no other options were available in a strange area and I had been working all day, was cuffed and detained by the Sheriff's office and encurred $90 in expenses to get back home. 

    The employer has not paid any final wages or responded to requests for their intentions. They have not provided any reason to believe they intend to return my personal property or compensate for it. I have secured a position with a previous employer, however as of this evening the employer that terminated me has not responded to the verification information required by the Federal Motor Carrier Safety Administration.

    I am seeking any advice and or assistance available.

     

  • 08-17-2012 9:35 AM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    Re: Truck Driver terminated on side of road

    Opinion:

    Terminating you out of state without means to return to your home would probably be a small claims issue.

    nkaiser101:
    my services "would no longer be needed" if I was ordered to pay child support based on my salary

    If that was the only wage-garnishment I believe that you would be protected by Federal law.

    nkaiser101:
    The employer has not paid any final wages

    File a wage claim:

    Wage claim form

    Above are suggestions.  Talk with an attorney.  Many do give free initial advice, and might find something more imperative that you neglected to post.

    Good luck.

     

  • 08-17-2012 10:26 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    Re: Truck Driver terminated on side of road

    I believe there is a federal law which protects against being fired for ONE wage garinishment but I'm way short on how it works.

    Can you prove that is reason--if employer recants that story they are free to fire you for not wearing green socks at last pickup.

    File a wage claim under the state law that covers you.



  • 08-17-2012 10:51 AM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: Truck Driver terminated on side of road

    IF your employer is large enough to be subject to specific Federal discrimination laws, it cannot terminate an employee BECAUSE of a single wage garnishment or garnishment by the Internal Revenue Service.  Different states have additional protections (that could apply to a smaller employer). 

    In order to determine whether additional state protection could apply (especially if your employer is small enough to not be subject to the Federal rule) and to determine whether to file the wage claim in CA or NV (AR would be irrelevant; it doesn't matter where the company is based), more information would be needed.  You may wish to call the relevant agencies in both states to ensure your state is correct.  If there is any doubt, check it out.  You wouldn't want to rely just on how the employer classified you, since the employer sounds like an ignorant piece of work.  (Even if your firing is legal, the employer demonstrated stupidity in the way in its termination actions; the employer doesn't care about you, but it also subjected itself to risk of loss in the way it handled this.)

    You also have legal rights to retrieve your personal property.  While it is tough to pay out legal fees when you are in this holding pattern between jobs, you may want to contact an attorney to help you.

     

  • 08-17-2012 11:52 AM In reply to

    Re: Truck Driver terminated on side of road

    LG81:
    IF your employer is large enough to be subject to specific Federal discrimination laws, it cannot terminate an employee BECAUSE of a single wage garnishment or garnishment by the Internal Revenue Service. 

    The federal laws that make it illegal to fire someone because of a single wage garnishment or IRS levy do not depend on the size of the employer. EVERY employer is subject to those laws. These are not laws enforced by the EEOC and are not considered employment discrimination laws as such.

  • 08-17-2012 12:13 PM In reply to

    • LG81
      Consumer
    • Top 25 Contributor
    • Joined on 01-03-2010
    • Posts 4,338

    Re: Truck Driver terminated on side of road

    Taxagent:
    The federal laws that make it illegal to fire someone because of a single wage garnishment or IRS levy do not depend on the size of the employer. EVERY employer is subject to those laws.

    Thank you for the clarification. :0)  I knew it wasn't covered under the EEOC, but I didn't know that no size requirements existed. 

    OP - sorry for my misinformation.

  • 08-17-2012 1:52 PM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    Re: Truck Driver terminated on side of road

    nkaiser101:
    I was terminated in CA on 8/10/2012 for not answering the phone on 8/09/2012 after being told by payroll my services "would no longer be needed" if I was ordered to pay child support based on my salary

    OP:  Rereading this statement, you were terminated for not answering the phone AFTER being told that your service "would not be needed" if you were ordered to pay child-support.  You were still employed, so they didn't term you for having to pay child-support (and wage-garnishment wasn't even the issue -- yet).

    Instead, after receiving their message it appears that you refused to communicate, were on assignment and had their property.  They CAN term you for that.

    I'd talk with an attorney ...

Page 1 of 1 (7 items) | RSS

My Community

Community Membership New Users: Search Community