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  1. #1

    Default Truck Driver's Refusal To Break DOT Regulations

    My question involves labor and employment law for the state of: Illinois
    I am a truck driver mandated by the Federal Motor Carrier Safety Admin. The Law states I can not drive more than 11 hours or be on duty for more than 14 hours a day. For my company it is S O P that drivers have to exceed the 14 hour rule several times a week. I started complaining to my supervisors that I refused to do this. When it was convienant for them they would accomodate me. On Saturdays they do not have relief drivers. I refused to make the deliveries I had left when my hours were up. The dispatcher refused to do anything My supervisor did not answer the Nextel. So I returned to the dock an went home at 14.25 hours of service for the day. On Monday I was told I was being terminated for poor performance no misconduct. I Talked to one local lawyer and they said there was no case, It would never make it through the courts. Why would'nt the public policy exception to refusing to break the law be a doable case? I filed a complaint with the Department of Transportation on 04/30/2008 and was fired on 05/05/2008. Does the company have to be aware of the complaint to fall under whistleblower protection?

  2. #2

    Default Knowledge Of DOT

    My question involves labor and employment law for the state of: Illinois/Federal

    A few days ago I posted a question about being fired for refusing to break the law. I have not received a response as of yet and was just wondering. If after reading the post If it was unclear as to what I am asking or are the questions beyond experiance by any of the experts here?? Please help just looking for another opinion to continue persuing this matter.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Truck Driver's Refusal To Break DOT Regulations

    I have no knowledge of DOT regulations so I cannot advise you. I can only speak for myself, not anyone else.

  4. #4
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Truck Driver's Refusal To Break DOT Regulations

    I suggest that you contact the DOT office with whom you filed your complaint and ask if there are whistleblower/retaliation provisions.

    To prevail under most retaliation/whistleblower provisions, it must be established that the employer took the challenged adverse action because you filed a complaint. If the employer was unaware of the complaint when it fired you, you can't establish that it took the action because of the complaint.

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