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Is my employer liable for negligence? I was terminated for failure to maintain my

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jmabry

Junior Member
I was terminated by my employer for failure to maintain a valid driver's license on 6/28/16.

5 invalid status's on my mvr report due texas surcharge program and moving

First suspension was July of last year, then September, so on and so on up til the last one, 5/31/16.

I found out afterwards, requesting a copy of my MVR, my employer was notified each time there was a status change on my license. Meaning, it was reported to them on the same day of each suspension, on the day the status changed. In my termination document, my employer describes that it ran a report from Supervision, third party CRA and WOW, 5 suspensions!

I was not aware of any of the suspensions due to moving last year. Texas surcharge program had my old address on file which I didn't update. No correspondence received indicating suspensions.

On 5/31/16, my employer received another status change of invalid license. I was placed on suspension 6/23/16 and terminated on 6/28/16 for
"failure to maintain my driver’s license"

Driving responsibilities were a big part of that job... using my personal vehicle.

Did my employer have a legal duty to provide ordinary care, to take affirmative action, to inform and advise me my driver license were suspended on those dates. My employer demonstrated by it’s own actions, intentional and substantial disregard of it’s employee’s interest and that such negligence constitutes, mismanagement of authority of leadership in the company and duty to it’s employees.

The legal question here isn’t, is my employer responsible for maintaining my driver’s license, or updating my address or my stupidity and own negligence.....

The legal question is, was my employer responsible and negligent in it’s responsibilities and duty leading up to their decision to terminate my employment on 6/28/16?

Does my employer possess some liabilty here?

I've already filed a complaint with the EEOC and FTC.
 


justalayman

Senior Member
No. your former employer was not responsible for telling you what you would have known yourself if you had changed the address on your license like you are required to by law.
 

cbg

I'm a Northern Girl
The legal question is, was my employer responsible and negligent in it’s responsibilities and duty leading up to their decision to terminate my employment on 6/28/16? No. The only person who had any duty to keep track of your license is you.

Does my employer possess some liabilty here? Not even close. Again, the only one with any liability here is you.

I've already filed a complaint with the EEOC and FTC. Which was a total waste of time since this does not fall under the jurisdiction of either.
 

quincy

Senior Member
Had you been in a car accident while driving for your employer, and your employer knew you were unlicensed, the employer could not only be held liable for the accident (see "vicarious liability") but could also be held liable for negligent supervision (for not making sure you were adequately licensed).

Because you were not stopped by the police and you were not in an accident, both you and your employer were lucky. He was smart to terminate your employment (and probably should have done so earlier, when he learned your license was suspended).
 

jmabry

Junior Member
No. your former employer was not responsible for telling you what you would have known yourself if you had changed the address on your license like you are required to by law.
One could argue that, what if I was in a car accident and someone was killed... any liability then?
 

jmabry

Junior Member
Were you in an accident? Was somebody killed? If not the question is merely acedemic and hypothetical.
as I stated, one could argue that, what would any other reasonable company / employer done under similar situation, regardless how my license got suspended. They have a duty to prevent their employees from driving on company time, having knowledge that the employee's license is suspended.
 

Zigner

Senior Member, Non-Attorney
as I stated, one could argue that, what would any other reasonable company / employer done under similar situation, regardless how my license got suspended. They have a duty to prevent their employees from driving on company time, having knowledge that the employee's license is suspended.
We're not going to argue what might have happened...it's hypothetical and irrelevant. The simple fact is that the employer had no duty to inform you about the status of your license.
 

justalayman

Senior Member
as I stated, one could argue that, what would any other reasonable company / employer done under similar situation, regardless how my license got suspended. They have a duty to prevent their employees from driving on company time, having knowledge that the employee's license is suspended.
And they fulfilled that duty before any damage was incurred by firing you. Ya see, if they hadn't gotten rid of
You they might have incurred liability at some point but they remedied that concern by firing you. Ya good with that?
 

cbg

I'm a Northern Girl
There is no way you are going to be able to spin the fact pattern you have presented that will make the employer legally liable for anything, including negligence. What might have happened given a different set of facts is irrelevant. You WEREN'T in an accident and therefore what liability they might have had if you had been has no bearing on the situation.

The EEOC is not going to care because this is not a case of illegal discrimination based on your posting. And I can't even imagine why you thought the FTC would be interested.

There is only one person who has any legal responsibility for what happened. You can find him by looking in the mirror.
 

Eekamouse

Senior Member
as I stated, one could argue that, what would any other reasonable company / employer done under similar situation, regardless how my license got suspended. They have a duty to prevent their employees from driving on company time, having knowledge that the employee's license is suspended.
No, one could NOT argue that and expect to get anywhere with it. They did notify you - when they fired you. What I want to know is how did you not figure out your license was suspended when you received whatever ticket it was that got it suspended? What did you think happened to your license? And everyone knows you have to inform the DMV of your new address whenever you move. You have no excuse to explain that oversight away.
 

jmabry

Junior Member
are anyone of you a lawyer?

Regardless of my stupidity, responsibility regarding my license....my employer had a responsibility to its employees, share holders, citizen in community and to me, to not allow me to drive on company, with the knowledge that was provided to my employer on 4 other occasions during my employment, that I had a suspended license provided by a third party CRA, governed by state and federal law, you strongly believe that they represent no liability in the actions and course leading up to my termination, when it reacted to the knowledge of the 5th suspension ?
 

Zigner

Senior Member, Non-Attorney
Regardless of my stupidity, responsibility regarding my license....my employer had a responsibility to its employees, share holders, citizen in community and to me, to not allow me to drive on company, with the knowledge that was provided to my employer on 4 other occasions during my employment, that I had a suspended license provided by a third party CRA, governed by state and federal law, you strongly believe that they represent no liability in the actions and course leading up to my termination, when it reacted to the knowledge of the 5th suspension ?
Ok, so let's just pretend (and pretending it is) that the employer DID have some liability. So what? No harm, no foul.
 

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