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Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I resigned Averitt Express on good terms do to being on the

Customer Question

I resigned Averitt Express on good terms do to being on the road 12-14 days, I was needed at home more often. Before I resigned I found a local dump truck driving / equipment operator job. I worked 3 days doing exactly what I was hired to do when all the trucks started breaking down including mine. The have a mechanic that came out & stated the truck needs a starter but did not fix it just left. That was August 24th 2016 and to this day it still sits onsite broken down. I was given a laborers job which I cannot do physically due to past injuries from my neck to my lumbar. August 30rh 1016 I worked as a laborer from 7:00 am till 18:30 in a bad storm/rain & a hazardous material leak that caused me to fall multiple times reinjuring my back, neck Now they promised me a driving/or excavating now I am injured and have no job. What can I do ? I quit a driving job to do a driving job that does not exist. The Company Mame is Gator Dredging out of Clear Water Fl.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Attorney2020 replied 8 months ago.

Have you considered filing a workers compensation claim regarding your work related injuries?

Customer: replied 8 months ago.
I have considered a workers compensation claim but I need to work & w/c takes time that I don't have to pay my bills & support my wife & I. Why can I not sue them for loss of wages, false representation of a job that they would not provide the well maintained clean nice equipment. Their equipment was in very bad working condition and lasted 3 days on the job. They did not even attempt to repair the equipment. Therefore the job I was hired to do was stopped and they would send you home which they did to me or had me do laborer work that they knew I could not physically do.
Customer: replied 8 months ago.
This sites disclaimer says you basically just give advise I thought I was getting real legal advice.
Customer: replied 8 months ago.
I thought you were Attorneys that could give legal advise ? Instead of suggestions. I know Inhave a Workers Comp Case I have multiple witnesses including a County Inspector.
Expert:  Attorney2020 replied 7 months ago.

If you can still physically do the essential functions of the job, the company must allow you to do so. Otherwise that could be viewed as disability discrimination entitling you to loss wages, emotional distress, and punitive damages.

A claim could be filed with the EEOC to perform an investigation into your disability discrimination claim. Here is a link to file your disability discrimination claim requesting an investigation: https://www.eeoc.gov/employees/charge.cfm

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 7 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

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