My son is an over the road truck driver leasing his own truck. His wife rides with him, They got word that his father in-law had 24 -to 48 hours to live. So they got in touch with the boss and told him what was happening, he told him to go home and take care of his business, This was on a Sunday night hiis father in-law lasted until Thursday morning.The funeral was that Sunday, Immediately following the funeral my son went to pick up his truck to resume driving, His truck was missing ,He called the main office and was told he needed to speak with the boss who wouldn't be back into the office until the following morning, At 8 am he called the boss which told him he had too many family issues and they were terminating his contract. He told his boss that he was the one who had given him permission to go home in the first place, His boss told him that he did not recall that conversation. This was the only time my son had ever came home due to a family issue or for any other reason.
2007-11-27 13:01:38 · 19 answers · asked by highlightedsista 1 in Politics & Government ➔ Law & Ethics
There are lots of companies that need OTR drivers.
Have your son find another one...while he is at it, he should consider joining the Teamsters...Little Hoffa's men would not put up with a boss like this!!!
2007-11-27 13:06:20 · answer #1 · answered by Mr. G 6 · 2⤊ 1⤋
There are a few things missing in your question, which is understandable because it is secondhand info.
But--if your son talked to the boss and told him 24-48 hours, then didn't speak to anyone at work for an entire week, he created a bit of problem for himself. If he didn't keep in touch with his boss during the week, what was the company to do or think? The business cannot stop while everyone waits for your son to show up again, whenever that may be.
However, your son's rights are determined by his written contract. Best he take it to a lawyer in his area for a thorough reading and explanation of his options.
2007-11-27 13:08:30 · answer #2 · answered by raichasays 7 · 0⤊ 0⤋
I'm sorry to hear of your son's troubles. Most states have an at-will employment statute. They can fire you for any reason except for age, race, gender.
If your son was not needed to directly care for the father-in-law, or if the company has fewer than 49 employers, his absence is not covered by FMLA.
It stinks, but even if the boss gave permission, there is probably little that your son can do about being fired. Sorry that I don't have better news for you.
2007-11-27 13:09:27 · answer #3 · answered by browneyedgirl623 5 · 0⤊ 0⤋
If he leases his truck then he's an Independent Contractor, and FAMLA wouldn't apply.
The answer is in the wording of the lease agreement / sub-haul contract. If it allows the company to terminate the contract for those reasons, then it's legal for them to do so. I'm sorry for their loss, but the chances are that the contract was written by the company and gives them all sorts of ways to get out of it when they want to.
Richard
2007-11-27 13:09:01 · answer #4 · answered by rickinnocal 7 · 0⤊ 0⤋
If he has his CDL and experience, I have to believe he can find a better situation. His boss sounds like a real flake and he may be better off with a different company. I am continually seeing job offers for over the road truckers, especially long haul. Tough work -and good experienced drivers should be able to find a lucrative position with a company that can allow for family emergencies. I wish him the best of luck.
2007-11-27 13:07:44 · answer #5 · answered by *ifthatswhatyoureinto* 5 · 0⤊ 0⤋
It sounds like the boss got some heat about this from his boss. Your son should contact his boss's boss and talk to him. He needs to walk a fine line here. Although it should be clear that he was given permission, he needs to be careful not to be too negative about his boss, as he will probably have to continue to work for him. Have him talk to someone he trusts and walk through what he will say. Good luck!
2007-11-27 13:06:42 · answer #6 · answered by Terri J 7 · 0⤊ 0⤋
If your son has not had any documented cases before this I would look into a "wrongful termination" lawsuit. Unfortunately many employers look for easy ways to terminate employees and your son sounds like an innocent victim, note the fact I said "sounds like". However, if your son has had previous problems at work, and did not call in to extend his leave-of-absence, then his termination may be appropriate.
2007-11-27 13:06:41 · answer #7 · answered by rickbrokaw 2 · 1⤊ 0⤋
Definitely illegal.
He needs to contact an attorney - I believe consultations (over the phone or in person) are free. In fact, no judge is going to accept that he lost his job for any other reason during the ONE week that his FIL passed away. Anyone would clearly see that your son has been treated unjustly.
It IS illegal. Your son's "employer" probably doesn't expect he'll do anything about it though.
I am so sorry for your family's loss. I'm also sorry to hear that your son has to put up with this now. I sincerely wish you the best - let me know how it goes, I'll be thinking about y'all.
2007-11-27 13:07:49 · answer #8 · answered by Anonymous · 0⤊ 1⤋
I don't recommend lawyers because most of them are mere attorneys.
A Lawyer is an attorney who knows and cares about equity under the law. These individuals are rare.
Find one and consider a wrongful termination action.
But don't take legal advice from me. Talk to a Lawyer, they are not common but they exist.
2007-11-27 13:14:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Depending on how many employees the company has you son is allowed FMLA leave at any time. FMLA provides up to 12 weeks of unpaid time off in case of family illness, which includes the in laws.
2007-11-27 13:05:55 · answer #10 · answered by miss_chrissy_dawn 4 · 1⤊ 0⤋