[driver67373]

Here is a suimmary of the events that have happened over the previous two weeks. I am wondering if my company can be held liable for what happened to me. When reading this, please keep in mind I'm only 24, and new to this business. I'm an over the road truck driver. I just took a job driving for a company who's name I won't mention on here (though some of you wil know it from my previous posts). They put me with a codriver (age 47) who first of all, has a history of violence, including a misdameanor conviction for assaulting a police officer and his own brother. During the time on the truck, he flaunted his violent tendencies and talked about his temper control problems. He threatened physical harm to me on more than one occasion, and told me he could kill me with one blow. He would talk over and over about how mad the company was over a few paperwork mistakes I had made. He would sit there and tell me all the big guys were talking bad about me, and that when I got back, I was going to go before a board, that I would be suspendeed and fired, and that they would put stuff on my record so bad that I would never be able to drive a truck again. He had me so petrifiefd that I was going to lose my job when we go tback to the terminal and that I was in major troiuble. He would talk about these things for hours on end, day after day. He told me how they were watching my every move and if I made one mistake it was over. He told me on numerous occasions that if I did this or didn't do that, he would kick me off the truck right then and there. The last couple of days I was on the truck with him, he did something with a check for a customer to keep the money and did it to where it would look like I did it, not him. He talked about how smooth he was and how I was going to be arrested for fraud when we got back, that the feds would be waiting for me. Each day I grew more uncomfortable with him and feared for my life more, the way he was using fear to control me. I was in constant terror over anything I did next. I was called dorogatory names like stupid, pus**, bi***, a wuss, sissy. Anything I did different than he thought I should do, he would harass me for. Now the last 2 days on the truck, I realized that the things he had been saying didn't add up, that if the company had all of these problems with me they would have contacted me and discussed them with me. When we got back to the terminal, he quit and the company never said a word to me about anyything. But still he used fear and manipulation to hold me in terror for 2 weeks and I am still shaken up about it. I'm leaving this company and taking a week off before I go back out on the road again, to get my emotions sorted out. I have written a statement and documented everything in a lot greater detail than I put on here. Now my question is this: do I have the right to take legal action (ie sue) this company for him holding me in terror while I was on the truck? And do I have any right to take legal action against the driver himself? Any insights or advice would be greatly appreciated. Thanks,

Ryan

[driver67373]

Moderator: I meant to post this in the new trucker forum, can u please move it there? Thanks.

[kilog55]

against the company probly not, but you could get the driver on assualt charges, and terroristic threats.

sounds to me he is a very insecure person to have to threaten someone half his age in a small confined area. most people who tell you what they have and can do to someone just means they are cowards on the inside :wink:

[Mackman]

every one always looking to sue some one :roll:

[bulldog2036]

It irks me when people complain about a company but won't post the companies' name, what gives?

[Useless]

Check with your Legal Aid Society. You need to see an attorney who specializes in labor law.

The driver/trainer is a borrowed servant of the company, therefore the company can be held liable for his conduct, and due to the many changes in Federal laws over the past 20yrs, the driver/trainer can be held liable as well. Additionally, any employee of the company who was in a supervisory or managerial capacity over the driver/trainer may also hoold some degree of liability exposure.

Having said all of this, there are considerations of burdens of proof and degrees of your personal credibility, which I am not challenging, but rather emphasising the importance of it. Only an attorney can guide you there. If, in fact, the driver/trainer has had a documented history of anger management issues, including a criminal history, then that burden of proof may be easier to meet than you might think.

The laws that govern a plaintiff's obligation to satisfy burdens of proof, and the degree to which they exist, are quite intricate. I have a couple of decades of experience as an employer, but this is an issue that we spend considerable time and money addressing before it becomes a problem.

As well intentioned as the advice of some here may be, this is one particular area of law where a little knowledge can be very dangerous. In all my years as an employer, I have had very little experience in this realm, and when instances did arise, I dropped back and left that work to my attornies and HR specialists. Considering the fact that you are dealing with issues on both the Federal and State levels, the intricacies become even more complex.

I can not promise you that you would not face certain consequences in terms of your future employability is concerned, even if you persue a case and win. Again, you need to be in the hands of competent legal counsel.

If you live anywhere close to a University with a law school program, the students & faculty members are often willing to help.

BOL2U!!

[kilog55]

Originally Posted by bulldog2036

It irks me when people complain about a company but won't post the companies' name, what gives?

he said you could search. it's similar in name to Convent :lol:

[Uturn2001]

Unless you can prove one of two things I doubt you will have any type of case against the company.

If you can prove the company knew of this person's behavior before assigning him as your trainer/co-driver then you might have a case.

If you notified the company about what was going on and they refused to investigate or do anything about it then you might have a case.

If on the other hand they had no clue as to what was going on and you waited until it was all over with to say anything then I really doubt you have any type of case against the company.

[Useless]

Originally Posted by Uturn2001

Unless you can prove one of two things I doubt you will have any type of case against the company.

If you can prove the company knew of this person's behavior before assigning him as your trainer/co-driver then you might have a case.

If you notified the company about what was going on and they refused to investigate or do anything about it then you might have a case.

If on the other hand they had no clue as to what was going on and you waited until it was all over with to say anything then I really doubt you have any type of case against the company.

Hi, U-Turn!!

This is a case where state laws may vary, but within the realm of employee harrassment, there are federal implications that shift the balance in favor of the aggrieved employee.

The fact that an employer was not aware of another employees history of violence will not neccessarily exculpate them from liability, but it can and does play a part on the nature of the torts that they can be held accountable for. As an employer, if I hire someone who has a past history of violence, even though I may not be aware of it, my butt can still be fried in a courtroom.

The fact is that the courts are going to consider the fact that I hired a person to work for me, with the intention of profitting from his labours. The fact that I hired him with the intention of facilitating a need within my company, and the fact that I retained his services in and of itself exposes mt to certain liabilities.

This is why I work so hard to deal with these issues before they become problems.

Again, because of the unique manner in which state laws and federal laws converge and sometimes conflict, only an experienced, competent attorney who specializes in labor law can really sift through this.

[Rockee]

Not being a lawyer I would say maybe you had a case against him, maybe...I watch Boston Legal ya know... If I was you I would just get over it and forget it and concintrate on what you have to do now. One thing I would not do is quit before I had another job. If he had you so scared you should have got off the truck in the first place or let the company know about your fears but..........its over know unless you dont want it to be, then you can drag it out and keep it going, like one of them batteries.........