Everyone is here to help and that is what is good about this forum. The truth is that legally, Barr-Nunn did what they were entitled to do. Does it make them 2 bit shit heads? Yes, but they will probably win a law suit. The point is, that now we on this forum, and everyone else now knows they are jerks. Hopefully they will lose good drivers, and business as a result. I feel bad for what happened, and I will let everyone who asks know what I have have heard about them. One of the reasons I am a member of this forum is to learn, and be aware of issues that I cannot see from my windshield, and for this, I am gratefull..................
Barr-Nunn is inhuman
- Thread starter Cheezedawg
- Start date
Still looking for a case with very similar circumstances, I'm sure they are out there.
Hiddleston v Wattyl (NZ) Ltd
24 Nov 2006, P Cheyne, CA 163/06, (7 pages)
UNJUSTIFIED DISMISSAL - Dismissal on medical grounds - Applicant required surgery after injured at work - Before surgery, suffered heart attack and absent 3½ months - Returned to work but surgery rescheduled for that week - After surgery applicant required five months off to recuperate - Respondent asked if applicant would consider early retirement but no agreement reached - Applicant left work with respondent knowing would be away five months - Manager concerned about applicant's attendance and work ethic and intention to work until well after retirement age, which Manager found totally unacceptable - Upon discharge from hospital applicant received letter detailing respondent's concerns and asking him to put forward information to be considered as part of decision about ongoing employment - Letter advised not possible to hold position open for five months and probable employment would be terminated on medical grounds - Applicant rang supervisor, who was unaware of letter - Also faxed medical certificate to manager - Applicant subsequently received dismissal letter - Respondent failed to raise concerns about applicant's alleged general poor state of health with him - Also failed to advise applicant in timely way job could not be kept open - Dismissal unjustified - Remedies - Unable to find alternative employment - Applicant sought lost remuneration from time medically fit until age 66 on basis would have kept working - Appropriate to award future loss - Limiting award until age 65 made allowance for unexpected - Length of service nearly 20 years - Storeman
Result: Application granted ; Reimbursement of lost wages and benefits (9 months) ; Future loss of remuneration and benefits (5 months) ; Compensation for humiliation etc ($12,500) ; Costs reserved
In almost every place I've worked the co. handbook will say, "As a right-to-work state we can fire you for any reason at any time."
That is simply not true. I have read the Right-to-work statutes and no where does it say that.
Don't believe me?
Ask them, "Can you fire me for being a woman, black, for what church I go to, or being disabled?"
Of course the answer is no and they then realize that you know they are BSing you.
That statute (right-to-work) is primarily concerned with the rules of union organization. What employees and employers are allowed/not allowed to do. No where does it give employers carte blanche firing authority. The handbooks are simply lies to intimidate you. Period.
Having said that, with a good team of lawyers, Barr-Nunn could win anyways, but I would make them fight for it. The best protection would be Disability Act. A heart attack isn't necessarily a permanent disability but it sure as hell is at least a temporary one. Ask anyone who's had one.
Again, not the same, but very interesting.....
http://www.laborlawtalk.com/showthread.php?t=155818
Hiddleston v Wattyl (NZ) Ltd
24 Nov 2006, P Cheyne, CA 163/06, (7 pages)
UNJUSTIFIED DISMISSAL - Dismissal on medical grounds - Applicant required surgery after injured at work - Before surgery, suffered heart attack and absent 3½ months - Returned to work but surgery rescheduled for that week - After surgery applicant required five months off to recuperate - Respondent asked if applicant would consider early retirement but no agreement reached - Applicant left work with respondent knowing would be away five months - Manager concerned about applicant's attendance and work ethic and intention to work until well after retirement age, which Manager found totally unacceptable - Upon discharge from hospital applicant received letter detailing respondent's concerns and asking him to put forward information to be considered as part of decision about ongoing employment - Letter advised not possible to hold position open for five months and probable employment would be terminated on medical grounds - Applicant rang supervisor, who was unaware of letter - Also faxed medical certificate to manager - Applicant subsequently received dismissal letter - Respondent failed to raise concerns about applicant's alleged general poor state of health with him - Also failed to advise applicant in timely way job could not be kept open - Dismissal unjustified - Remedies - Unable to find alternative employment - Applicant sought lost remuneration from time medically fit until age 66 on basis would have kept working - Appropriate to award future loss - Limiting award until age 65 made allowance for unexpected - Length of service nearly 20 years - Storeman
Result: Application granted ; Reimbursement of lost wages and benefits (9 months) ; Future loss of remuneration and benefits (5 months) ; Compensation for humiliation etc ($12,500) ; Costs reserved
In almost every place I've worked the co. handbook will say, "As a right-to-work state we can fire you for any reason at any time."
That is simply not true. I have read the Right-to-work statutes and no where does it say that.
Don't believe me?
Ask them, "Can you fire me for being a woman, black, for what church I go to, or being disabled?"
Of course the answer is no and they then realize that you know they are BSing you.
That statute (right-to-work) is primarily concerned with the rules of union organization. What employees and employers are allowed/not allowed to do. No where does it give employers carte blanche firing authority. The handbooks are simply lies to intimidate you. Period.
Having said that, with a good team of lawyers, Barr-Nunn could win anyways, but I would make them fight for it. The best protection would be Disability Act. A heart attack isn't necessarily a permanent disability but it sure as hell is at least a temporary one. Ask anyone who's had one.
Again, not the same, but very interesting.....
http://www.laborlawtalk.com/showthread.php?t=155818
patriciajnsn
Steering Wheel Holder
I think if cheesedawg pursues this hard enough he will win.People did'nt think I would win a trucking company and I proved them wrong.I did win.
You think you won? You didn't..... What did they throw at you 4 or 5 K ? It would have cost them 3 times that to defend themselves in court. What you got was what's called "nuisance value". They figured they would pay the lawyers 10 to 15 K to go through the process so they settled with you to save money. It was a business decision. Then they reported everything you did, right or wrong on your DAC. Now when a company runs your history they are scared away from hiring you. In the end, it is you that lost, and you lost 10 times that amount in lost wages by sitting home, and it will continue to haunt you. In their eyes, they got rid of you cheap. Again does it make them right? No, and now their name is tarnished but they will continue to operate.
I do hope cheezdawg succeeds in his action against them, but tread with caution because in the end, it may end up costing more than you anticipated. Good luck with it cheezedawg, and let us know what, if anything we can do to help!
patriciajnsn
Steering Wheel Holder
For your information this company I sued did not put anything on my DAC.I got 5k out of the deal the exact amount I sued the company for so I would say I won.
patriciajnsn
Steering Wheel Holder
I sued this company because they charged me with THEIR truck repair and withheld 2 checks.As much evidence I had against them not any of their powerful attorneys would have won this case.Bottom line is they did not want me to take them to court and be the whistle blower on what bad equipment they had and forced the drivers to run anyway.After an officer personally gave the owner a supena when the court date was.A few days later I received a check in the mail for 5k.
diduknow1
New Member
im so sorry to hear that!
Hey look up EEOC.com and read to see if they have violated you in any way, let me know what you find! that's not right:sob:
irish papa
New Member
i think there is a dot law that sayes you cant drive for 30 or 60 days after a heart attack. plusd it is illigal for them to fire you under dr care...
Roadmedic
Well-Known Member
Not that I have seen.
Now, as far as being fired under a doctor's care? If you are being treated for High Blood Pressure, you are under a doctor's care. So, the company cannot fire you. Not hardly.
Keendriver
Hates all of you
We had a guy have a minor heart attack and yes the co made him wait 60 days.Said it was D.O.T. reg
oa_smallfry
ronandfezfans.com
I don't believe this driver. He has to be lying. Barr Nunn had such a good write up in Pilotmagazine last year.
Barr-Nunn | PTC Challenge
Barr-Nunn | PTC Challenge
patriciajnsn
Steering Wheel Holder
That article was published November1,2008.People will say things in articles just to make them look good.Do you actually think anybody would say any bad things about the company and then publish it? You was'nt there,you don't know if he was lieing or not.Until you sir get the true facts as to what happened,why don't you give him the benefit of the doubt? I had a real bad exp with a company that I sued.But like you,many did'nt believe me.
Keendriver
Hates all of you
Patty,I believe he was being facetious
patriciajnsn
Steering Wheel Holder
Who?and may I ask why you come up with that asumption.
patriciajnsn
Steering Wheel Holder
Maybe it's just me but I see nothing humorous about what anybody as said pertaining to this thread.
Cerberus
In God We Trust
Being what? Facetious? what is that? I now know you are learning Cerbonics.
Lighten up francis, don't get your panties in a wad over something so little.
Similar threads
