What to do if I recently got fired for texting while driving?
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What to do if I recently got fired for texting while driving?
I recently got fired for texting while driving in traffic; I did not receive a suspension or warning. I got caught by a supervisor who was tailing me. I had been at the company 8 years – no accidents, seniority driver, clean record, no problems at all. Other drivers had accidents causing the company thousands of dollars but just got suspensions and warnings. One driver even backed his truck into another truck and caused $80,000 damage yet he got a 1 day suspension. Just because I help started a union I think this was retaliation against me. Should I take this matter further?
Asked on December 19, 2011 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you didn't believe (and, seemingly, have some grounds for thinking) that this is retaliation for union activities, then you would probably not have recourse. Unless you have a contract--including a union agreement--which covers this situation, which limits the grounds for termination, or which prescribes a certain disciplinary process or steps which must be followed, your employer could elect to fire you for almost any reason, and the fact that it chose to not fire others for similar or worse infractions would not matter.
However, employers may not retaliate against employees for union activities; if they did, you may have a claim or cause of action, and it would be worthwhile for you to consult with an employment attorney about the situation.
Also, if a personal or union employment contract covering you does limit the grounds for termination or provide a disciplinary process which must be followed, then if the employer violated the contract, you would also have a cause of action on that ground, too.
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