Employment Law

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Employment Law

I have been terminated from my job and I believe that I was

Customer Question
terminated for under the...
I have been terminated from my job and I believe that I was terminated for under the wrong pretenses.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Well I live in Atlanta, GA. But the company Headquarters is in Salt Lake City, UT
JA: Has anything been filed or reported?
Customer: What do you mean? They put on my Day Report that I was terminated for not following policy
JA: Anything else you want the lawyer to know before I connect you?
Customer: When I signed my contract I was a student driver and I am now a Trainer driver
Submitted: 6 months ago.Category: Employment Law
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Answered in 5 minutes by:
5/16/2017
Employment Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34,942
Experience: More than 30 years in legal practice.
Verified

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Employment Lawyer: Loren, Lawyer replied 6 months ago

Before we begin a bit more detail would be helpful please.

1. Do you have a written employment agreement requiring cause for termination?

2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

3. What do you believe was the actual reason?

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Customer reply replied 6 months ago
Well I came as a student driver with this company and moved up as a trainer. When I signed my contract I was a student driver and I agreed to my contract in 2015. Now as a trainer I train two students at a time. One student drives his shift the other sleeps in lower bunk waiting on his shift. The company police is no one sleeps. In the top bunk while truck is moving. As the trainer training two. Students I must get some rest to drive between 1-4 most. So I climb up-to to sleep. The company disqualified for that. Saying I signed a contract saying I wouldn't sleep on top bunk. But that was as a student driver and not a trainer.
Employment Lawyer: Loren, Lawyer replied 6 months ago

If you have a contract stating you can only be terminated for cause then this could be a breach of contract and you could sue them for that. if the sleeping in the bunk was no a valid grounds for termination for cause.

Otherwise, if the employment was at will, then you would need to show you were terminated for illegal discrimination. That is race, religion, gender, age, ethnicity or disability.

I am sorry. I wish I could tell you otherwise.

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Employment Lawyer: Loren, Lawyer replied 6 months ago

Did you have further questions? Have I answered your question?

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Employment Lawyer: Loren, Lawyer replied 6 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34,942
34,942 Satisfied Customers
Experience: More than 30 years in legal practice.

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