Being Fired for applying for a new job
 

Hello, I just got off the phone with my current employer who notifyed me that a company that i had put an application in with had contacted him about me. He proceeds to tell me that he feels that "If a driver applys for another job while enployed with his comapny, he sees you as a risk that you may abandon his truck and to premept that he will bring you to the yard and let you go" Now I understand if you were going to not give a notice But I have worked and quit this place before and returned the tractor and trailer to the yard and had it inspected by his employees before i handed over the keys. And he hired me back! lol.

So my question is is this legal? can they fire you for looking for a better oppertunity? that sounds like inprisonment!

Thanks

Yes your employer can do that. Is it legal, I don't know but a lawyer who specializes in that field could tell you. My advice is to move on, sounds like he can be petty. If I had an employer who would fire me for wanting to provide for my family and better myself it wouldn't take long for me to quit anyhow.

As far as coming by the yard to turn in the equipment, do as he asks. You are better than him, so prove it by being the better man. Just remember what goes around comes around. If the equipment has some deficiencies, pull into your local scale house and ask one of the fine DOT officers for a free inspection. If the truck and trailers are found to be compliant it still works for you if he later tries to claim it was tore up.

It wouldn't hurt to either video tape the actual condition of the equipment or take pictures. Just get a shot with a local newspaper showing the date close up to prove when it was done.

How legal it may be will depend on the labor laws of the state the company is based out of. Since many states are "at will" employment an employer can pretty much terminate your employment for any or no reason at all with or without notice. Of course the same holds true for the employee.

You should also consider the reason behind such a policy. It is most likely there because this company has had to go and pick up trucks for this very reason.

Not saying you would do it, but think of it this way. If you see two bowels of apples and you reach for an apple from the bowel on the right and have you hand smacked and it happens again and again would you not think twice before reaching for an apple from the bowel on the left or at least do it in such a way as to keep your hand out of the way.

Just remember, if you do such a chicken shoot thing as obiedon advised, and take the truck to a scalehouse and have it inspected, yes, the company is responsible for any repairs and gets gigged on the out of service items BUT it is YOUR drivers record that maintains any citations issued!!

Just take the truck back, maintain your temper, clean it out good and leave it as if you were terminating your employment yourself. Don't be childish.

You call it chicken shoot, I call it CYA. I did not mean it as a dig on the boss. Just as a precautionary CYA thing. I guess I should have worded it differently as to be clearer.

I think we can all agree, it's far easier to have some bogus claims put on your DAC than it is to have them removed. I have found some employers to be downright mean and vindictive when they know you are leaving or looking to leave.

I mean in reality it's only business and should be kept on a professional level. Unfortunately some people take the fact you need to move on as a personal attack. I have had several employers terminate me early after giving a proper 2 week notice. But I have also had them ask me to stay an extra day or two to finish up something which I was more than willing to do. It's called professional courtesey.

Additionally the OP has had previous employment from this company and has proven to be trustworthy and reliable, yet his boss now wants to be the instigator in a game of piss up a rope. my gut feeling with the information at hand is CYA. If you take it to a scale house to be inspected, it costs neither party any money and if any problems are found the company can't come back on you after you leave the truck with them saying you broke this that and the other. Obviously this would only apply to mechanical systems in regards to safety. That is why I also said to video or take pictures to document cosmetic and normal wear and tear items. I hope I have been clearer at this point.

I have found having tangable proof of fact ahead of time far more effective at settling a squable than a game of he said/she said.

IMHO on the issue of turning the truck in, just clean it out, clean up the inside like you would like to have it issued to you, take it back and have the company inspect it and give you a "receipt" for the truck being turned in in good condition. (Hopefully you well documented any damage the truck had when it was issued to you.) If there are issues that need to be fixed then be sure to write up a "report" and turn those that in as well.

Yes you do need to CYA but at this point I would not go looking for trouble.

Thanks
 

Thanks for the info. North Carolina is an At-Will state ( I think this should be changed) They are just takeing a piss on me trying to get me to break the contract i have with them. As soon as I find another job I will be moving on.

I guess I look at it this way: he could have fired you on the road and told you to park it. At least he's telling you in advance and you get to bring the equipment home. If you already put an application in at another company then you must be thinking seriously of moving on anyways so I'd bring the truck back to the yard, clean it out, have it inspected and call it a day. This wont impact your driving record in anyway.

I wish you the best of luck Sonic2wb. I agree with the advice about making sure you turn the truck in in the same manner you would've liked to receive it. Take pictures, get a receipt. It's sad you have to do that, but I suppose it's necessary when you're dealing with petty people who have nothing better to do.

In 2007 I was seriously interested in moving on to another company. I filled out a stack of papers and faxed them at Pilot - it cost $2/page (that's how serious I was)! They pulled my MVR and DAC - there was nothing on either. They were going to wait to call my current employer; however, within a few days, my supervisor called me...

Apparently they have USIS, or whomever does this driver reporting thing, creating a list of their drivers who's records have been pulled. I wonder why they do that... In any case, it was no surprise that I might move on. I had a list of grievances, and she just knew I wouldn't quit... well, my supervisor was wrong. She was acting like her feelings were hurt! I didn't get fired and no one threatened my job, but I honestly thought they would.

Every day I find it perplexing the things people are willing to do to make sure someone else loses their job, knowing that it would suck if the shoe were on the other foot.

Did your mother teach you anything about proper food storage and sanitation?


Or, if she did . .

Re: Thanks
 

More specifically, NC is a "right-to-work" state; which basically means an employer can fire you for any reason or no reason at all. You have no recourse except to look for another job.

For all those of you who poo-poo unions, that kind of thing never happens at a union employer, right-to-work-for-less state or not.

Yup, they dont need a reason to fire you. I have been fired before the two week notice was up. I always gave notice and have never left a job on bad terms.




Nevermind that, how the hell did you know my IP address and ISP? You a narc or something?

That query tells me you have not a clue about your computer and what it displays to the world while you're connected to the internet.

You are correct sir.

I can double the HP on a V8 Ford.(and not blow it up)
I can rebuild transmissions.
I can weld aluminum.
I can make 190HP out of a 701cc jetski.(see avitar)
I can even re-map the fuel delivery in a diesel.
But i dont know how this air card can let me get online wherever i go.
I just pay my bill and get online while i think of all the stuff i'm going to play with when i get home time. . . . . . . .lol..your right ,i'm a dummy.