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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 425
Experience:  Managing Attorney at a Law Firm
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Terminated from job for backing accident into another semi

Customer Question

Terminated from job for backing accident into another semi truck . No citation because we exchanged insurance information. Please no contest to leaving the scene of accident because owner asked license plate number I completed, once left he called authorities
JA: What state is this in? And how old is the truck?
Customer: Kansas truck I drove was 2013, proper damage to a fuel awning because the opposite drive was blocked preventing me from exciting
JA: Have you talked to a laywer yet?
Customer: Yea I had plea no contest to class c misdemeanor .
JA: Anything else you want the lawyer to know before I connect you?
Customer: I went to company headquarters do a safety review pass the driving evaluation but was failed on backing evaluation because instructor made assumption that I was close to backing into a trailer when there was proper space between the trailer I was backing next. Made statements I would back into trailer if he wouldn't have stop me that was idea of him spotting me , maybe he should have let back into the trailer, instead of assuming because I wasn't given time adjust the trailer. Then I was give automatic failure and disqualified.Yet understand that the company violated the contract by putting me in a truck with a driver that wasn't a trainer.The contract clearly states that you must drive with a trainer in order to upgrade. No no company will hire me with 3 months experience. It's seems like blackball tactics because the safety manager put me on year probation before evaluation. I wasn't:t fired into after evaluation
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 4 months ago.

Good afternoon, I am a Criminal Defense and Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship.

In order to better assist you, can you let me know what's your exact question? Are you wondering whether the employer is in breach of contract?

Customer: replied 4 months ago.
breaching contract has put my CDL in harm because of misrepresentation by CR ENGLAND. Due to lacking of training from qualified trainers and the driver was driving with were no training which play a role in my accident
Customer: replied 4 months ago.
The drivers I was team g driving with refuse to assist me both accident to be able to do a safe and effective job. As I was backing my spotter refuse to properly communication skills to assist me to avoid the accidents
Expert:  Nisha Jones, Esq. replied 4 months ago.

I understand. Have you looked into speaking with a civil attorney about filing a law suit in small claims court to recover lost wages? You have a strong case for filing a law suit as you can use evidence that the lack of training of the instructor and other personnel you were working with, was in direct violation of the terms of the contract. The courts do not look lightly on breach of contracts cases, and they are quick to enforce remedies if one party is in breach of their obligations, in this case CR ENGLAND.

You can also present evidence that this resulted in lost wages for you, and that will also help your case in a civil suit as well. I would recommend hiring a lawyer to help you in this process. Sometimes civil lawyers will agree to work on a "contingent fee"-- which means that you won't have to pay anything up front, and they will instead take a portion of the amount you recover in the lawsuit. While it does mean they'll get some of the money you're awarded, it also means that you don't have to put out any more money for an attorney, which may be especially beneficial since you've already suffered lost wages.

On another note, I also recommend getting your record expunged-- that way the Leaving the Scene charge will be removed from your record when you apply to jobs in the future. Here's a reliable link that can provide you some more information about record expungement:

http://www.kansasjudicialcouncil.org/forms/adult_expungement_forms.shtml

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Expert:  Nisha Jones, Esq. replied 4 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, thanks!

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