How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD, Attorney
Category: Personal Injury Law
Satisfied Customers: 19775
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
19127644
Type Your Personal Injury Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I work Suburban Bus co. and I was charged with an accident

Customer Question

I work for Pace Suburban Bus co. and I was charged with an accident this past April. First I did not do what they claim. The so called accident involved a bent rim and a flat tire both on the inside wheel of a dual set. Pace's claim is that I was the last driver to drive that bus. There is no actual proof of me hitting anything to do this damage, just that I was the last driver. Being charged with this accident prevented me from getting full time status which resulted in lost wages and benefits. I was passed over.
I asked to see the damage and was ignored of my request. Three weeks later the same driver, that I relieved that day, doing the same exact route said she hit something hard to set off the drive cam. I also do the exact same route as she does right after her. Just last week another driver hit something on the road and caused a flat tire. His accident was dismissed.
My question is do I have any rights here to have that accident removed from my record and all lost wages and benefits given to me.
Submitted: 4 months ago.
Category: Personal Injury Law
Expert:  Marsha411JD replied 4 months ago.

Hello,

Thank you for the information and your question. Whether or not you have a right to have the information removed is entirely dependent on the language of your bargaining agreement and whether or not your union can present a case in your grievance to support your contention that you didn't cause the damage. In other words, absent a bargaining agreement violation by your employer, there would be no right to have the red mark removed from your record and any lost wages restored. That is because non-union employees have no right to those actions.

However, since you are in a union, then if your employer has violated the BA and you and your union can establish that, you may very well be entitled to the wage and benefits concessions you are seeking. If you lose your grievance, then you will have to follow the appeal steps in the BA, which, I assume is demanding arbitration. That is your recourse and whatever is decided in arbitration will stand.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the15th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing orin the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gonethrough. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.