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Attorney for Blacklisted Trucker wins case versus Mega Carrier

Jul
15,
2015
0

 

Attorney Paul Taylor of Truckers Justice Cente

Attorney Paul Taylor of Truckers Justice Center

“A win for the good guys.” says attorney Paul Taylor of Truckers Justice Center, as he shares his enthusiasm after winning yet another case for a professional driver, this time it was  trucker Brian Ford V. New Prime, Inc.

Judge Lystra Harris of the US Dept. of Labor found that New Prime, Inc illegally blacklisted  professional driver Brian Ford by putting an abandonment notation of his DAC Report.

Read OSHA’s decision of this same case back in 2013.  OSHA FINDS NEW PRIME, INC. PLACED FALSE INFORMATION ON DRIVER’S DAC REPORT

Brian had become injured at work and was prescribed a narcotic pain killer. Prime’s affiliate, Success Leasing, terminated Brian’s lease after he informed them that he could not drive due to the medication. Prime then put an abandonment notation on Brian’s DAC Report.

Judge Harris ordered Prime to pay Mr. Ford back pay of $9,600 and $10,000 in mental pain, plus interest. Prime was also ordered to pay attorney fees and expenses to the firm Truckers Justice Center, representing Mr Ford in the case.
Prime was also ordered to post a copy of the decision at its facilities for 90 days.  Read more

 “It is also satisfying to obtain justice for a truck driver, particularly when a big trucking company like Prime does him dirty.”  Paul Taylor

 

United States Dept of Labor

United States Dept of Labor

Page 1  U.S. Department of Labor
Office of Administrative Law Judges
2 Executive Campus, Suite 450
Cherry Hill, NJ 08002
(856) 486-3800 (856) 486 3806 (FAX)

 Issue Date: 13 July 2015 Case No.: 2014-STA-00025

 

 

In the Matter of ASSISTANT SECRETARY OF LABOR FOR OCCUPATIONAL SAFETY AND HEALTH

Prosecuting Party
and
BRIAN FORD
Complainant

V.

NEW PRIME, INC.
Respondent

 RECOMMENDED DECISION AND ORDER

This case arises out of a complaint of retaliation filed pursuant to the employee protection provisions of Section 31105 of the Surface Transportation Assistance Act of 1982 (“STAA” or “the Act”), 49 U.S.C. § 31105, and its implementing regulations found at 29 C.F.R. Part 1978 (2013).

Brian Ford (“Complainant”) alleged that his former employer, New Prime, Inc. (“Respondent”) retaliated against him in November 2008, after he discovered that Respondent provided a report that he had abandoned a loaded vehicle to U.S. Investigation Services, Inc. (“USIS”) which resulted in an unfavorable notation on his Drive-A Check (“DAC”) Report.
Complainant alleged that the USIS report was made in response to his refusal to drive a commercial vehicle to Springfield, Missouri from South Carolina and his reporting of a back injury which impaired his ability to safely operate a commercial vehicle.
Page 22                                 ORDER

Based on the foregoing, IT IS HEREBY ORDERED that:

  1. Respondent shall pay to Complainant compensatory damages the sum of $9,600 in back pay, covering the period from July 1, 2009 to August 31, 2009
  2. Respondent shall pay Complainant prejudgment interest in the amount of $384 on the back pay award, in accordance with 26 U.S.C. § 6621(a)(2).
  3. Respondent shall pay Complainant post judgment interest on his back pay award, pursuant to 26 U.S.C. § 6621(a)(2). This interest shall compound quarterly until the company satisfies the back pay award in accordance with 26 U.S.C. § 6621(a)(2).
  4. Respondent shall pay to Complainant the sum of $10,000 in compensatory damages for emotional distress.
    Read entire U.S. Department of Labor case No. 2014-STA-00025

Mr Taylor has recently started a series of YouTube videos, educating drivers about their rights.
These and other helpful videos can also be viewed on Trucking Social Media’s video Section

Paul Taylor”
Truckers Justice Center
900 W. 128th Street, Suite 100
Burnsville, Minnesota 55337
Tel. No. 651-454-5800

© 2015, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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