Judge rules driver was illegally fired for refusing to haul overweight load
In a decision issued on February 11, 2011, a Department of Labor Administrative Law Judge Patrick Rosenow has found that H. H. Williams Trucking, Inc. of Greeley, CO unlawfully retaliated against trucker J. R. Hildebrand because he refused to transport a shipment of meat in excess of the 80,000 pound legal limitation provided for under federal and Wyoming law.
In Hildebrand v. H. H. Williams Trucking, Inc., Case No. 2010-STA-56, Judge Rosenow held that Mr. Hildebrand's refusal to drive with his loaded tractor-trailer set at 80,360 was protected under the employee protection provisions of the Surface Transportation Assistant Act ("STAA"). The Judge noted that it was undisputed that, even though Hildebrand would drive on State Highway until he reached I-80, he would have still exceeded 80,000 pounds once he entered I-80 in Wyoming. Judge Rosenow stated as follows: Quote:
Judge Rosenow ordered Williams Trucking to reinstate Mr. Hildebrand, pay him back pay, additional compensatory damages of $6,000 and punitive damages of $10,000. Hildebrand's claim was brought under the STAA provision prohibiting retaliation against drivers because they have filed safety-related complaints with the employer or government, or because they have refused to drive in violation of a commercial vehicle safety regulation. Paul O. Taylor Attorney Truckers Justice Center 900 West 128th Street, Suite 104 Burnsville, MN 55337 Tel. No. 651-454-5800 www.truckersjusticecenter.com NOTHING IN THIS POST SHOULD BE CONSTRUED AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. |
$6,000 and $10,00 in damages and it took Driver what, two years or more to get it? Not very impressive. Driver likely better off going ahead and breaking the law. How much in back pay?
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I would ask if the truck had an APU on it....
Because there IS 400 lb allows in federal law for that. |
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