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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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My grandson is being forced to drive a semi without cdl

Customer Question

my grandson is being forced to drive a semi without cdl license.He has complained to employer but they have him doing it today.He doesn't feel safe for himself or other driver's
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not yet can not afford one
JA: Please give me a bit more information, so we can help you best.
Customer: I would have to get more info from my grandson.
JA: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?
Customer: My grandson is worried about his job and can he be sued if he causes an accident because of his lack of training on a big rig
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Legal
Expert:  Chris T., JD replied 8 months ago.

Hello. I'll be happy to assist you.

What state is your grandson in?

Customer: replied 8 months ago.
florida
Customer: replied 8 months ago.
are you there?
Expert:  Chris T., JD replied 8 months ago.

OK. Thanks for the information.

First off, he should refuse to drive without a CDL. Not only is it against the law, but he could be held civilly or even criminally liable if he were to cause an accident while driving.

Customer: replied 8 months ago.
That is what he was worried about.What are his options concerning his employer?
Expert:  Chris T., JD replied 8 months ago.

Most states have enacted a public policy exception to wrongful termination cases. That means that in most states, it is illegal to fire someone for refusing to break a law. Unforunately, Florida is one of the seven states that have not enacted such a law. In other words, his employer COULD fire him for refusing to drive without a CDL. However, if they did, he could report them to the state for forcing people to drive without a CDL, and they could face sanctions, although he probably wouldn't get his job back.

Customer: replied 8 months ago.
That doesn't sound fair but if that is the law.Does he have any other options?
Expert:  Chris T., JD replied 8 months ago.

I agree. It's not fair, and 43 other states have recognized that and passed laws to prevent this from happening. Unfortunately, like I said, for whatever reason, Florida has not passed that sort of law.

As far as his other options, he really has three that I can see: 1) refuse to drive without a CDL, and possibly get fired; 2) continue to drive for that company without his CDL and take the risk, but keep his job; or 3) strike some sort of deal with the company where he agrees to drive for them, but only after he gets his CDL.

Expert:  Chris T., JD replied 8 months ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go.

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