Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

MY husband had a incident while driving his tractor trailer…

Customer Question
MY husband had a...

MY husband had a incident while driving his tractor trailer the other day in Queens NY with a auto . THe auto kept cutting him off and slamming on his brakes. My husband managaged to get in front of the auto then bock the car in and proceeded to go to the car. He has explicit words with this driver of said auto. This driver took pics of my husband and his truck and told Corporate that he smashed his windshield and hit the driver. This is untrue My husband said he approached the vehicle on the passenger side. the Driver lowered his window down and my husband exchanged words with this driver of auto. No police were called and there were no threats made to driver. My husbands company suspended him making him bring in his truck back to the yard and telling him to go home. He went back to the office today the manager told him that Corporate does not watn him driving for 90 days and they want to terminate him tere are several peopel who are siding on my husbands side. They offered him to apply for a warehouse position that would be a major cut in rate of pay and hours as well. My husband has been driving for over 30 years and a great reacord. WHat can he do ???

Lawyer's Assistant: Was the suspension discussed with a manager or HR? Or with a lawyer?

All the above he was in a room with the manager the Operations manager and on three way with corporate in Dalton GA

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At wil he is a rate pay per hours sorry

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This driver of other vehicle was texting on his cell and what rights do we have to go after him for this

Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 11 minutes by:
3/16/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,370
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

I am very sorry to hear that this happened to your husband.

As a general rule, employment in Georgia is "at will" absent an agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Since employers can terminate employees for unfair or even untrue reasons, employers have equal freedom when it comes to discipline, suspensions, and modifications of job duties. Simply put, employment is a completely voluntary relationship between the parties, and if the parties cannot agree on mutually acceptable terms of employment, there is no longer any employment. So, your husband is absolutely free to reject these new proposed terms. However, he cannot force his employer to continue employing him on the original terms. He can attempt to persuade them, and I think that would be a very reasonable thing to attempt here, but there is no legal option to contest the employer's decision in an at will employment situation.

Your husband may wish to consider proposing that he will attend anger management classes in exchange for lifting this driving suspension. Just an idea.

I hope this helps. If there is anything else I can do for you, just let me know. It's my pleasure...

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 13,406
13,406 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,406 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My husband is a truck driver who's job requires him to work
My husband is a truck driver who's job requires him to work 17 hours then turn around after only about 7 hours to do another 10 hour shift. He is also being forced to pick up shifts frequently. He wor… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
Are local truck drivers in Florida exempt from overtime?
Hi, are local truck drivers in Florida exempt from overtime? Interstate truck drivers are exempt from overtime under the FLSA I believe. … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,370 satisfied customers
My husband was put on medical leave due to his taking a 20
My husband was put on medical leave due to his taking a 20 minute cat nap during his overnight run. All of the company drivers do this. They are paid by the run, not hourly. The HR person has a friend… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am helping out a friend who has run into an issue with his
I am helping out a friend who has run into an issue with his employer, Advanced Auto Parts, in Florida. He has been there for a year and his previous manager thought he was a great employee. A new man… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Iam a truck driver.I had been verbualy harassed at work from
Iam a truck driver.I had been verbualy harassed at work from a coworker that is very good friends with the terminal manager.. Brought it to my terminal mangers attention twice . Brought it to the huma… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
13,406 satisfied customers
Live in wi, employee driving a semi w a top heavy empty
live in wi, employee driving a semi w a top heavy empty trailer on a private road barely passable for a car and the trailer is as wide as the road..the very back end of the trailer went into the ditch… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently quit my position due to a the hostile environment.
I recently quit my position due to a the hostile environment. The owner of the company would scream, yell, have temper tantrums, throw things, threaten to fire people, etc... He is a man who thinks on… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
My husband is a truck driver with a commerical DL and is working
My husband is a truck driver with a commerical DL and is working for a construction pipeline company. He took 4 days off 2 weeks ago and another gentleman drove the truck. The result the has major dam… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My husband works as a caretaker for a camp and has done so
My husband works as a caretaker for a camp and has done so for 22 years. In the course of his employment, he and I have had to furnish his work vehicle, lawn mowers and some tools. He repeatedly appea… read more
socrateaser
socrateaser
1,031 satisfied customers
can my employer require me to be on call on my day off without
can my employer require me to be "on call" on my day off without compensation? I work Tuesday thru Saturday from 4pm to 12:30am each day. My supervisor is pressuring me to be on call and available to … read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I own a semi that is leased to another company I have a driver
I own a semi that is leased to another company I have a driver in the semi that I pay with a 1099 Do I need to pay workmans comp on the driver? I do not set his hours or were he goes the company that … read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
Yes, I would like to know what or how my situation with my
Yes, I would like to know what or how my situation with my ex-employer is doing with me right or wrong? They terminated me for not reporting an vehicle accident. I am not aware of a vehicle accident a… read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
My husband was recently hurt in a forklift accident. The truck
My husband was recently hurt in a forklift accident. The truck he was loading onto either did not have the brakes on or the brakes failed. My husband has serious back and neck pain. We immediately wen… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I work for a truck driving company and i recently had an accident.
I work for a truck driving company and i recently had an accident. I drive a big rig and it jack knifed on me and tipped over I was rushed to the hospital and upon my release the human resources rep i… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
13,406 satisfied customers
My husband just decided to add another truck to his owner-op
My husband just decided to add another truck to his owner-op business. The driver of this truck will be legally and employee. Can my husband offer this gentleman a salary position as long as he compli… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I worked for the GA Dept. of Corrections until July 20, 2009
I worked for the GA Dept. of Corrections until July 20, 2009 as a truck driver. I refused to report back to work after I was forced to work with an inmate who was a convicted drug dealer and had been … read more
Cowgirl Lawyer
Cowgirl Lawyer
Attorney at Law
Juris Doctorate
1,266 satisfied customers
I was directed by my supervisor to meet with the regional director
I was directed by my supervisor to meet with the regional director at an office location that other than the one I am assigned to. Driving to different office locations is not in my job description, n… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
My husband is a truck driver and understands that several ...
My husband is a company truck driver (not an owner operator) and understands that several wage & hour laws do not apply to him. Here's the question - we live in Georgia and his terminal is in Tennesse… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x