Legal Question in Employment Law in Virginia

I work for a small trucking co.in va.in the past we have been required to "fudge" our log books to complete runs.In some cases as much as 21 hrs straight.I complained to the owner of the company,and was told if I'm not going to do whats necessary to get the job done to pack my stuff and don't come back.Well i need my job so I conformed.The last run I made I fell asleep at the wheel,If it wasnt for the rumble strip and another trucker notice my swerving no telling what would have happened.I was returning from a trip and the owner called and wanted me to run a load that's illegal for me to do by dot regulation,when I refused to take the job he went off and told me to do it or when I get to the yard pack up my sh-t and don't come back.I feel I should not be forced to run illegal.When I returned I packed my sh-t.Do I have any legal rights pertaining to this.is this the same as being fired.


Asked on 7/14/11, 6:59 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, if in effect you were terminated by this employer for refusing to

comply with his instructions to ignore required public safety laws/regulations, you may have an action for wrongful discharge against this employer under the Bowman public policy exception to the employment at will doctrine and which is still recognized (as far as I know) as valid Virginia law.

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Answered on 7/14/11, 8:10 am


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