I need to know if we can and how to sue a former employee for wrongful termination and defamation of character?

Question

My husband has had his driver's license for ten years and his cdl for just over a year now. He has worked for a major over the road trucking company since February. Maintaining a safe driving record for over 500,000 miles. He was involved in his first ever minor rear end collision about two weeks ago. The scenario of the accident was as follows: on an interstate, traffic had slowed to a crawl of about 15 mph and my husband was following two other semi trucks, he had a gap of about 6 seconds between him and the truck in front of him. The brake lights of the truck in front of him were not on when my husband took a few seconds to check his mirrors and traffic around him. When he looked back the truck in front of him was stopped and my husband locked up the front axles of his trailer trying to stop. He hit the trailer of the truck, that truck was so close and had stopped short causing the accident, that he hit the other truck in front of him. As a result of the accident, which no one was ticketed for, the company my husband worked for fired him. Now my husband leased his truck with this company, so we do not believe that they could fire him but merely terminate his lease, which for truck dirvers is two different things. Well my husband has been trying to get another job and everyone has turned him down and we couldn't figure out why until today. One of the potential employers finally told my husband what was on his DAK and the former employer has lied and ruined his record. They put that in February he hit an animal, which he didn't, he hit a tire tread in the road because he was surrounded by cars and had no choice. And then also in February when he was home a women hit his parked truck in a parking lot when my husband was no where around, again not his fault! These two incidents should have never been put on his DAK and then to top it off they put that he was fired due to a rear end collision and disqaulification to haul thier loads and that he had a very poor safety record. The accident is true but the rest is not. My husband was a driver trainer for this company, he trained more than a handful of their current employees in the ten months that he worked there. If he had such an aweful safety record then why would they allow him to train other drivers. This company has temporairly ruined my husbands driving career. He is a third generation truck driver and a college educated man and this is what he loves doing and they have maliciously taken this away from him and for what. What are they getting out of lieing and ruining someones life. He never once talked to anyone in the safety department about anything until his accident and his safety manager was an a complete asshole to him. We live in Tennessee and the company he worked for is based out of Salt Lake City, Utah. I want to know what we can do legally to fix this and to make this company pay for the unjustified damage they are causing to my husbands career. Does anyone know what we can do? Can you please point us in the right direction? And can this be done at no cost until the end? They are also holding all of his pay which they say is legal in thier state of Utah. So we are behind on rent, electric and other bills and we have a two year old son. So time is of the essence. Thank you so much for your help.

? · Accepted Answer

It sounds like you are describing C R England Trucking. As for the incorrect information in his DAC report, it is like your personal credit reports- you can contest the information and go through process to get it removed.

If he is a member of OOIDA, he should be able to contact them to see what the process is now to contest entries in his DAC.
http://www.ooida.com/Documents/DAC_report.html

As for his employment being terminated- that depends on whether the company has him listed as an employee or as an Independent Contractor. If you are in fact referring to England, yes you are leasing a rig from them, but it's not a true lease-purchase and you are still considered an employee (unless they've changed their policies since I was an O/O).

Below are some links so your husband can try to get his DAC corrected. I've never had to use any of these, so I can't guarantee the accuracy or legitimacy of the link.
Oh yea, I think it is now USIS instead of DAC.(see 2nd link)

http://www.dacfix.com/ (Try this one first to attempt to get incorrect entries removed)

http://www.usis.com/industries/industry_solutions/Transportation_Market.aspx

Blog entry pertaining to another driver having incorrect DAC info & how to correct:
http://roundtable.truck.net/viewtopic.php?f=19&t=75309


http://www.thetruckersreport.com/truckernews/specialreports/truckersdacreport.shtml

Anonymous · Answer

From what you've described it does not sound like you were terminated for some unlawful reason. Nor does it appear that your former employer has defamed your character. However, to put your mind at ease about the issue, you could speak with an attorney that specializes in this field of law. Your local bar association may be able to help you find some attorneys in the field. However, you should only go to an attorney that will listen to your case without charge. Make sure you cover that point before you meet with them or talk with them on the phone. Always keep in mind that there is no shame in getting fired or layed off. Some of the very greatest people in their respective fields have been fired from jobs somewhere along the line. If you feel your confidence has been shattered a bit, I wouldn't worry too much. You may find that a little time will help you get back on track. Do things which help build your confidence. Find things that you are good at and work at them. You will bounce back. So don't let things get you down.

StretchMary Ann · Answer

File a complaint with the Better Business Bureau against the company for non-payment of earned wages. 

File a complaint with the President of the company, asking for earned wages and a review of the driving decision. Let him/her know you would be willing to return to work under probation.  

Be humble. Pray.

Your husband WAS at fault when he rear-ended the truck in front of him. He WAS careless. He could have killed a small car occupant between the two trucks in front of him. Perhaps he can get a job at a truck drivers training school. Maybe the good Lord has a better position for him now and needs him home more for you and the family.

Anonymous · Answer

Welcome to the wonderful United States of America. This is the way it is in the United States. Sure the company did your good husband wrong but they also know one must have money to get justice and you have none. No money.....No justice. Want a lawyer? You need money and lots of it. The truth is your husband will never get a job driving truck again. The laws will be on the side of the company. They pay big taxes and give politicians money. No one will side with your husband. No one. But please do remember the USA is the best most wonderful country in the world. LOL!!!!

Anonymous · Answer

You need to contact an attorney.  You can get a lot of different and erroneous answers on Y.A.

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I need to know if we can and how to sue a former employee for wrongful termination and defamation of character?

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