Legal Question in Employment Law in California
Tanker driver
Im a truck driver and deliver gasoline to service stations. Last October I was too tired to deliver my last load of gasoline to a station, so I left work early. The next day the station ran out of gas .As a result of not delivering the load, I was terminated. I didnt feel safe driving since I was tired and the station was an hour away. In light of what recently happened on the 880, can I start a lawsuit to at least get my job back.
2 Answers from Attorneys
Re: Tanker driver
If the employer required you to exceed your DOT hours for the day, you may have a claim, otherwise, it is your responsibility to appear for work and remain fit for duty during your legal hours.
Re: Tanker driver
Just what is it the company did that was 'wrongful', justifying a lawsuit? Let's see: you failed to perform your job [poor performance], walked off the job early and without permission [misconduct], caused a customer to suffer financial damage, and you ask if you have grounds for a lawsuit when you're terminated? If you were in a union, there are notices required before they fire you [which don't prevent the firing, only delay it]. As an 'at will' employee under state law, you can be fired 'without cause', let alone for the causes stated. Answer: no, you have not stated grounds for any legit case.
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