The federal appeals court in Denver has ruled that a former C.R. England driving instructor can sue the company for firing him after he allegedly told his students the only way they could make the money the carrier promised them was to exceed federal hours-of-service limits.
Bud Barela sued the refrigerated carrier over his alleged wrongful discharge in 1995, claiming the company fired him despite a good work record. He started working at the Salt Lake City-based company in 1993 as a driver and became a driver trainer a year later.
Barela said he was dismissed after he told students that, given current limits on commercial drivers’ hours, there was no way they could legally earn the annual pay and time off England had promised.
Utah is an “employment-at-will” state, which means an employer can terminate a worker for any reason, or no reason at all, at any time. The exception involves an employer that violates public policy or allows it to be violated.
For the full story, see the Jan. 3 print edition of Transport Topics. .
