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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I'm losing a day at work because of what another person did

Customer Question

I'm losing a day at work because of what another person did and I want my money back for this day. I deliver concrete in a concrete mixing truck here in Amarillo TX. I took a load of concrete out to a rural area to deliver it to a homeowner who was overseeing work done on his property by his hired concrete crew. As I unloaded the concrete a member of the concrete crew began to complain about how my company never brings the full amount of concrete purchased but is always a bit short. At that moment while we were all standing in close proximity in order to discuss how we would proceed with the concrete pour the home owner asked the concrete worker to show us his gun. So removed his gun from his pocket and began to tell all about its range and accuracy etc. So I felt threatened because of the abrupt unwarranted change of topic right in the middle of taking care of concrete business. After my job was finished I calmly got my paperwork signed and left in the empty concrete mixer. While on the street after I turned a corner I called 911 and described what had occurred at the job site. They deputy on the phone assured me that there was enough to investigate but thought that it may have just been a misunderstanding even before he had left the sheriff's office. After the deputy investigated he called me and told me that the homeowner and the concrete worker had apologized for causing the misunderstanding but the homeowner also called my concrete company and complained to my employer. I was debating whether to inform my employer or not since nothing was damaged on the truck and all the company business was taken care of. Later yesterday (july-14-2016) I was called into the office and the company owner began to complain because I didn't call and inform the office. I was told not to report for work Friday and Saturday so that the office could investigate the incident. So I am losing at least two days pay just because someone pulled a gun on the job. The guys in the dispatch office who decide which driver to send to which customer may know the homeowner and they also the concrete contractor working for the home owner. They often do. On one occaision I needed to find a concrete contractor to do some work and these same dispatchers recommend a contractor for me.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Before I ask questions about your situation, I need to make sure that you understand how the website and rating system works.

Many times in employment law situations, and particularly in Texas, the law is not in favor of the employee. When that happens we have to give the person asking the question bad news. It's true, but sometimes it's not in their favor.

On this website the customer rates us experts at the end of the question and answer and every now and then a customer is unhappy about the law and gives a negative rating. Unfortunately, that negative rating is taken by the website to be a reflection on me, indicating that I wasn't polite, wasn't prompt, or provided a wrong answer.

I'm more than happy to discuss this with you, but I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.

With that understanding, do you want me to discuss this in more detail with you?

If so, is there a specific question with which I could assist?