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Fired, then rehired (reinstated?)

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pontiac_tunerz

Guest
What is the name of your state? California
I was terminated by my employer of nearly 5 years because they told me that I was deemed uninsurable by their auto insurance company (Firemans Fund). The letter I recieved from my employer quoted from my union contract that "to be employed all employees must have a valid drivers liscense and maintain a reasonably safe driving record therefor being insurable by the company's auto insurance carrier." That being said, I gave my employer my DMV printout to proove that I didn't have a record of unsafe vehicle operation or any kind of moving violation at all for that matter. On my record were 3 equipment violations ( 1 for each of the past 3 years) for modified exhausts on my personal vehicle which do not translate to my ability to safely operate a motor vehicle.
My employer stated to me that the insurance company would not give them a reason as to why I was uninsurable but they themselves were concerned about the 3 tickets I had on my record.
I did some digging into this matter with Firemans Fund Ins. and came across there Consumer Affairs people and explained to them in detail about my termination and my supposed uninsurability. They got back to me in 2 days and said there was a mistake and should never have been deemed uninsurable and contacted my employer with that information. My employer took me back the next day.
I was out of work just over 2 weeks. My wife was distraught over the whole idea of me losing my $40k/year job and having just bought a new car and having lots of bills to pay etc., etc.
I can't afford an attorney but was thinking of filing a civil suit in small claims for back wages, emotional distress and any other punitive damages I can get. I want to file for the maximum allowed ($5000 I think).
Do I have a strong case? Is there a local Bay Area lawyer that want to handle this case and take Firemans Fund Ins. to the cleaners?
I eagerly await some response.
 


Beth3

Senior Member
Your damages are limited to two weeks pay. You're not going to take Firemen's Fund "to the cleaners" over this.
 

JETX

Senior Member
I agree with Beth. Further, feel that you have no claim against them. There actions were not taken as a result of negligence or malice. Further, they have a valid claim of your uninsurability, if only for the 3 tickets that you admit to having. The later decision that those particular tickets may not indicate your 'unsafe' driving and reversal of their earlier decision is not actionable.

With that:
"I can't afford an attorney but was thinking of filing a civil suit in small claims for back wages, emotional distress and any other punitive damages I can get."
*** Even if you had a valid claim (you don't), punitive damages would not be valid.

"I want to file for the maximum allowed ($5000 I think)."
*** Of course you can file a lawsuit if you want. After all, anyone can sue almost anyone over almost anything. But since you have no case against them, you would not only lose, but could get 'hit' with their attorney fees.

"Do I have a strong case?"
*** No.

"Is there a local Bay Area lawyer that want to handle this case"
*** Probably not, but of course I can't speak for EVERY attorney in the Bay Area.

"and take Firemans Fund Ins. to the cleaners?"
*** Simply, that will not happen.

"I eagerly await some response."
*** And you are eagerly welcome.

And lets not forget..... your employer can STILL terminate you if they feel that their insurance is at risk.
 
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pontiac_tunerz

Guest
By Firemans Fund's own admission, the 3 equipment violations on my personal vehicle can not count against me and that they had made the mistake which in turn was the reason for my termination. I do feel that there was negligence on the part of someone in that office. Especially when Firemans Fund Ins.'s own consumer affairs office found the initial ruling of my being "uninsurable" to be a mistake along with an apologetic phone call.
I guess I went way over the top with my thoughts of taking them to the cleaners, but I can't believe that I have no case at all.
Thanks for the replys. You are all doing the community a great service.
 

JETX

Senior Member
"but I can't believe that I have no case at all."
*** Then go on down to your local small claims courthouse and file a lawsuit against them.
 

Beth3

Senior Member
pontiac, it's lousy that this happened but it's nice that your employer reinstated you. They didn't have to do that. If you handle this with good grace, you'll earn brownie points with your employer for your maturity and keeping this in perspective and that kind of thing usually pays off down the road.
 
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pontiac_tunerz

Guest
Thanks, Beth, for the sympathetic comments that for some strange reason makes me feel good.
I'll stay tuned to this thread to see if anyone else has insight. I like what I'm reading in these forums. Like I said before, it's great what you all are doing.
 

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