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  1. #1

    Default False Police Incident Report Causes Job Loss

    My question involves defamation in the state of: California

    I am a Non Emergency Transport driver contracted with a company in the State of California. On May 21, 2013, I was transporting two workers compensation patients who happen to be friends to their doctors appointment. One spoke slight English, the other Spanish. I'm not fluent in Spanish at all. I dropped the two patients off, waited, picked up the patients, dropped the first patient off, and as I was dropping the second patient off, I noticed there was an odd sound coming from my right rear tire. I pulled off into a vacant parking lot, opened the door with the car running, told the patient (she's the english speaking one) that I need to see what's going on. I noticed a nail in the tire. I went around the parking lot, went into the adjacent neighborhood to see if there was anyone around that had a hammer to pull out the nail, or if there was anything I could find in order to take the nail out. I was gone maybe 30 to 45 seconds, came back, and the patient had exited the vehicle. On top of that, my jacket that had my money clip in it was gone. I started freaking out and began looking for the patient. I circled the neighborhood several times, tried calling the patient (no answer), called dispatch (the company I was contracted with)...they did not get an answer from her. I didn't know what she was up to so I left. Apparently she called the cop's on me and called her friend to pick her up (the other patient I dropped off first). Keep in mind these are two workers compensation patients who signed a liability form which states that they are not able to drive themselves to doctors appointments. I heard back from the doctors office (the doctor himself) who got in contact with the patient and told me that the patient ran to some construction workers that were apparently across the street crying and called the cops alleging that I urinated in public. No one actually saw me do this (I did not urinate in public). I called the police department and talked to the Sargent that made the report. I told him my side of the story. He noted it. He told me that her friend came and they both alleged that I was acting odd. Her friend wasn't even around when this happened, she had already been dropped off.

    The company that I was contracted with stated that because of this incident, even though there was nothing criminal...this is an incident report (he said she said), they are no longer going to give me transport tickets. I've never had any incident ever with any patient that I've ever picked up; in-fact patients have often asked for me to be their transport driver again because they were pleased with my service. Apparently now too, they have relieved me of my position (they'll never contract with me).

    So now on top of my money and jacket being stolen, my source of income has been halted.

    Is there anything I can do? I find it un-reasonable that someone can make a false report, take my money and disrupt my income. I really don't know what this lady was up to.

    If this is pertinent information:
    Contracted with the company for a month.
    Payouts are 30-45 days, possibly more. Based on when the company receives payouts from insurance companies. I haven't received my commission check's yet. I don't know exactly how much I'm supposed to receive. I upload the ride tickets every day that I have patients, the company is supposed to update a section that is supposed to state how much of a commission I should receive. After repeated pleas for them to update this information, they haven't (this is before the incident this past week). They just said take the total from each calculated ticket and take 40% of that, that's my commission apparently. There is no compensation for fuel or meals.

    Can anyone offer some advice, help or point me in the right direction? If I honestly don't have any type of case or recourse, please be honest and let me know.

    Thank you in advance for your time.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: False Police Incident Report Causes Job Loss, Help and Advice Needed

    You can file for UI and start looking for another job. They can fire you because you left the patients alone, never mind that the patients misunderstood what you were doing.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: False Police Incident Report Causes Job Loss, Help and Advice Needed

    Why would you take a nail out of a tire? The only thing that would do is let the air out of the tire making it flat. Next time leave the nail in the tire and drive to a shop to have the tire repaired.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: False Police Incident Report Causes Job Loss, Help and Advice Needed

    Quote Quoting Who'sThatGuy
    View Post
    Why would you take a nail out of a tire? The only thing that would do is let the air out of the tire making it flat. Next time leave the nail in the tire and drive to a shop to have the tire repaired.
    You only think of those things because you stayed at a Holiday Inn Express last night.

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