Posted by J.R. on October 29, 2007 at 11:14:03:
In Reply to: got in a NON-PREVENTABLE wreck. terminated by company. posted by chuck on October 17, 2007 at 14:55:01:
: october 1 2007. i was on hwy49 south in wiggings MS. A pickup truck pulled out in front of me and i struck him in the rear. I had 3 witnesses that agreed that the truck pulled in front of me. Without even waiting for the accident report(7-10 days) my company fired me saying i didnt do enough with the "smith system" to prevent this non-preventable accident. I got the accident report last week and it was not conclusive to who's fault it was. Yesterday while job hunting i got a phone call from the pickup trucks insurance wanting to know where to send the check to get the company truck fixed. Do i have any grounds for wrongful termination and because of the pickup truck drivers neglegence i lost my job. what should I do??? thanks.
Dear "Terminated",
Please contact the HR Department of your previous employer and inquire as to whether or not they are an "At Will Employer".
If they are, that means that either one of you can terminate employment at any time with or without notice or reason.
Now for the flip side, please read this carefully:
Your employer gave you a reason for termination, which could implicate them in a negative manner since the accident was deemed "Inconclusive". In all fairness, your employer should have placed you on un-paid leave pending investigation or report findings. If you do not have a pattern of previous accidents/incidents, you should have been written-up, not fired. When something is not clear the favor should lean towards the employee. Think about it; the fact that they terminated you places fault on them for the wreck.
You might want to retain an employment mediator and seek a severence payout: 3 months of pay and 3 months of continued benefits if you had them. Seeking the assistance of a mediator is a bit easier than getting an attorney as things about your employment/driving record that might be adverse can come up and we don't want that.
Try to seek a "Win Win", ok? I think you have a valid case. Let me know if you have any questions.
J.R.