16 Mar
what kind of lawyer should I talk to regarding my situation? who can I talk to, help!?
Posted in truck accident lawyer on 16.03.11
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I am a DHL driver and I was recently terminated from the job I was working for 5 years over a car accident that I and a CHP confirmed that I was not at fault. (A lady hit me from behind the truck that i was driving on a turn lane, when that lady said I backed into her)( I have a hard copy of that report). It’s been 2 weeks now that I have not been working with the my previous employer and heard from my ex co-workers saying that I was fired because the manager says I was at fault when the accident accurred and he will use that reason to deny my unemployment. Although I signed an "at will" agreement at the time of my employment, but I feel that they have broke one or two of their code of business Conduct about honesty and ethical conduct, and full, fair accurate, timely and understandable disclosure in the reports and documents the Company files with, or submits to, the Securities and exchange commision and in other public communications made by the company. Also they have breached the privacy of my termination and disclosed it to everyone that I worked with at my previous job which are my friends. Pls. help, I have a wife that works part-time and a three yrs old daughter.
2 comments on this topic
16. March - 7:13 pm
You could call Perry Mason or Matlock but it will just be a waste of your money. You are definitely the victim of an unfortunate situation, possibly even an UNFAIR situation, but not an ILLEGAL situation. Unless you are working by contract, which you have stated you are not, then your employer needs no reason to fire you. The only way you would have a case against them is if you could prove that they fired you for a reason protected under the Equal Opportunity Act and that isn’t the case. And while I’m sure the SEC would frown upon a company going astray from its business code of conduct, it doesn’t make it illegal to do so. A company is legally bound by federal or state law only, not internal rules or regulations. And as far as a privacy violation, good luck proving that even if it would benefit you TO prove it, which is unlikely. What it sounds like to me is that your boss didn’t like you very much, and was waiting patiently for an excuse to fire you. If everything you say is true, and the employee involved was a top employee and loved by management, the company would have stood behind you til the end. This wasn’t the case, so obviously either someone had it out for you, or you were a sub-par performer. I don’t know you, so i can’t make that judgment. And also, since you were fired with cause, it is unlikely you will be eligible for unemployment unless you are able to convince them that it was an unfair termination. The problem is, they look for every way NOT to approve you, because that’s their job. So, good luck with that too. It sucks man, but you really have no recourse, legal or otherwise, so I would just start pounding the pavement and get on somewhere else.
16. March - 7:13 pm
ok, just a few things.
1. The CHP may say you are not at fault, that does not make it so, an insurance company can decide otherwise. Either way, you were in an accident on the clock in a company vehicle, chances are that it would be more expensive for them to insure you now.
2. As a driver you have knowledge of the business reports being submitted to the SEC?
3. Office gossip is not illegal.
4. A company is always able to dispute an unemployment claim, they are not the ones denying your claim.
16. March - 7:13 pm
You were terminated for the accident regardless of who was at fault. Does not matter what the manager said and an employer will always fight against an employee who was fired when they apply for unemployment. People talk and you cannot stop it. It is not a breach of privacy to tell others why your were fired. Apply for unemployment regardless and start looking for a new job.
16. March - 7:13 pm
Its best you get advice like this directly from an attorney. Most offer free initial consultations. You can find a good accident lawyer in San Antonio at the link below. I also put a few links for California Lawyers, Legal Advice, and Legal Articles.
http://www.san-antonio-texas-lawyers-attorneys-directory.com/san_antonio-personal-injury-lawyers.htm
http://www.san-antonio-texas-lawyers-attorneys-directory.com/san_antonio-legal-services.htm
http://www.san-antonio-texas-lawyers-attorneys-directory.com
http://www.legal-advice-library.info/
http://www.legal-advice-library.info/articles.htm