If you were fired from your truck driving job as a result of being a whistleblower, you may have a wrongful termination claim.
Employers sometimes fire an employee if they have complained about an activity in the workplace that is either illegal or reveals unethical behavior. This is considered to be wrongful termination and the employee who was fired has a right to file a complaint for wrongful termination.
Can a Truck Driver Be Fired For Reporting Unsafe Work Conditions?
No, legally you cannot be fired as a result of you reporting the fact that your place of work has unsafe working conditions. As such, if you report the presence of unsafe work conditions at your place of employment, then you are protected as a “whistleblower.”
In other words, you are protected under the Surface Transport Assistance Act.
The Surface Transport Assistance Act states that if an employee has started a proceeding or filed a complaint in relation to a violation(s) of a commercial motor vehicle security and/or safety regulation, order, or standard, or either will testify—or has testified—in a proceeding of such nature; or the employer perceives that the employee is planning to file, or has filed, a complaint and/or is about to start—or has begun—a proceeding affiliated with a violation(s) of a commercial motor vehicle security or safety regulation, order, or standard, the employer is protected from being fired as a whistleblower.
Can I Be Fired If I Refuse To Drive Under Unsafe Work Conditions?
According to the Surface Transport Assistance Act, you cannot be fired for refusing to drive under unsafe working conditions. The act protects you from wrongful termination.
What Can I Do if I Was Fired From My Truck Driving Job For Reporting Unsafe Work Conditions?
As soon as you have been told you have been fired, you will have to start gathering the facts that prove you were fired because your employer is retaliating against you for being a whistleblower because you reported unsafe working conditions, immediately. The emphasis here is on “immediately.” To start gathering the facts proving that you were fired for being a whistleblower, you will need to do the following:
- make available copies of your original complaint against your employer;
- provide evidence that you actually made a complaint to your employer, including any emails, letters, memos, or even personal notes that may have been sent or received between you and your employer;
- speak with a lawyer that can help you file a claim against your employer and also provide the lawyer with the name and title of the person you reported the complaint to as well as the names of anyone who were witnesses to the complaint.
As soon as the lawyer is happy that you have provided the right evidence proving you were fired as a whistleblower, and it is apparent that your case is one of wrongful termination, your claim should be filed.
Get in Touch With a Wrongful Termination Attorney
As soon as you have all the evidence at your fingertips that proves how you have been wrongfully terminated as a whistleblower for complaining about unsafe working conditions as a truck driver, you should contact a wrongful termination attorney who can help you file a wrongful termination claim against your employer.
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If you have been wrongfully terminated for being a whistleblower, are considering working and/or have the desire to work with an attorney who can help you with your claim, and wish to be connected with an independent attorney, complete the Free Case Evaluation on this page.