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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: 1 month ago.Category: Employment Law
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3/16/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,879
Experience: Significant experience in all areas of employment law.
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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...

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