Fired Over a Tier 1 Property Damage Accident

[grgrcr88]

As to the termination, I would like more info as well as to why he was terminated. The fact that he was allowed to finish his day after the crash would mean the company could not terminate him for the crash. There has to be other circumstances involved.

Also, in the Central, to be terminatd for a crash it must be (Article 17(d)) "gross negligence, resulting in a serious accident. A serious accident is defined as one in which there is a fatality, a bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or $4400 or more in damages."

or(friend) "failure to report an accident that the driver had or should have had knowledge of"

or(g) "an avoidable runaway accident"

I know other supplements are different but I have been involved in several cases that the company allowed the driver to continue work after the crash and the worst that any of them ever got was a warning letter.

I would like to hear all the details to this case as well as the outcome of the meeting Monday.

 

[Coldworld]

As to the termination, I would like more info as well as to why he was terminated. The fact that he was allowed to finish his day after the crash would mean the company could not terminate him for the crash. There has to be other circumstances involved.

Also, in the Central, to be terminatd for a crash it must be (Article 17(d)) "gross negligence, resulting in a serious accident. A serious accident is defined as one in which there is a fatality, a bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or $4400 or more in damages."

or(friend) "failure to report an accident that the driver had or should have had knowledge of"

or(g) "an avoidable runaway accident"

I know other supplements are different but I have been involved in several cases that the company allowed the driver to continue work after the crash and the worst that any of them ever got was a warning letter.

I would like to hear all the details to this case as well as the outcome of the meeting Monday.

4400 dollars damage is a serious accident....?????

 

[UpstateNYUPSer(Ret)]

4400 dollars damage is a serious accident....?????

$4,400 damage would total most of our PTers' cars.

 

['Lord Brown's bidding']

$4400 sounds generous. With my personal insurance, $1000+ is considered "serious", i.e. my rates go up.

 

[Brownslave688]

$4400 bucks is scratch that involves a new paint job now days. I wonder how old that language is.

 

[UpstateNYUPSer(Ret)]

$4400 bucks is scratch that involves a new paint job now days. I wonder how old that language is.

As old as the transistor radio language in the contract.

 

[BigUnionGuy]

$4400 bucks is scratch that involves a new paint job now days. I wonder how old that language is.

The $4400.00 was inserted in the Central Region language in "93". Prior to that, it just refers to being DOT reportable.

Section 390.5 defines "accident" as an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in a fatality; bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle. It excludes occurrences involving only boarding and alighting from a stationary motor vehicle or involving only the loading or unloading of cargo.

Federal Motor Carrier Safety Administration



-Bug-

 

[BigUnionGuy]

As old as the transistor radio language in the contract.

That goes back to the late 70's. Right at the time, of a National contract.



-Bug-