Reduced Hours for reporting Unsafe Buses

[dadlovsyall]

What is the name of your state?Tx

I have been forced to leave my job driving for a company called
Casino Express. The company I was driving for is based in Houston, Tx.
They have regular line runs in Dallas, Texas. The runs are from
Dallas, Tx to Bossier City La. The buses run seven days per week two
runs per day. I was working five days per week. On May 30, 2005 The
home company in Houston, Tx recalled all the Dallas buses and leased
older buses form Prevost Bus Co. These buses had bad brakes, air leaks,
Bad tires, loose steering and other problems. I told the operations
manager to no avail. I then reported the situation to the Casino I was
carrying passengers to. I also reported the situation to the Tx.
Department of transportation. The operations manager found out about
these reports and told me my new schedule as I was returning from the
Casino on 06/04/05. My new schedule was Tue and Wed and then be on call.
These buses were in my opinion not safe to transport passengers or be on
the highway. I have a signed letter stating that if I lost my job it
would be due to reporting unsafe buses. The letter was signed by the
head of the Group Sales Department at the Casino I was carrying
passengers to. Any similar situations or comments would be greatly
appreciated.

 

[Tony31]

What is the name of your state?Tx

I have been forced to leave my job driving for a company called
Casino Express. The company I was driving for is based in Houston, Tx.
They have regular line runs in Dallas, Texas. The runs are from
Dallas, Tx to Bossier City La. The buses run seven days per week two
runs per day. I was working five days per week. On May 30, 2005 The
home company in Houston, Tx recalled all the Dallas buses and leased
older buses form Prevost Bus Co. These buses had bad brakes, air leaks,
Bad tires, loose steering and other problems. I told the operations
manager to no avail. I then reported the situation to the Casino I was
carrying passengers to. I also reported the situation to the Tx.
Department of transportation. The operations manager found out about
these reports and told me my new schedule as I was returning from the
Casino on 06/04/05. My new schedule was Tue and Wed and then be on call.
These buses were in my opinion not safe to transport passengers or be on
the highway. I have a signed letter stating that if I lost my job it
would be due to reporting unsafe buses. The letter was signed by the
head of the Group Sales Department at the Casino I was carrying
passengers to. Any similar situations or comments would be greatly
appreciated.

You may be looking at a Constructive Discharge if you quit.

Pennylvania State Police v. Suders, 000 U.S. 03-95 (2004):
(This is a US Supreme Court Case)
“Under the constructive discharge doctrine, an employee's reasonable decision to resign because of unendurable working conditions is assimilated to a formal discharge for remedial purposes. The inquiry is objective: Did working conditions become so intolerable that a reasonable person in the employee's position would have felt compelled to resign? This doctrine was developed by the National Labor Relations Board (NLRB) in the 1930's, and was solidly established in the lower federal courts by 1964.

An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may raise an affirmative defense to liability or damages, subject to proof by a preponderance of the evidence, see Fed. Rule. Civ. Proc. 8(c). The defense comprises two necessary elements: (a) that the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. No affirmative defense is available, however, when the supervisor's harassment culminates in a tangible employment action. Pp. 15-20
Burlington Industries Inc v. Ellerth 524 U.S. 742, Faragher v. Boca Raton 524 U.S. 775, 808


If on the other hand you were fired, you could show that you were fired in violation of public policy, that is, in retaliation for an act that would have been in the best interests of the public for you to perform. I think if you're transporting the public, it would be in the best interest that the buses conform to DOT standards of safety.

Arizona states it this way:
Ariz Rev Stat 23-154013. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:
c) The employer has terminated the employment relationship of an employee in retaliation for any of the following:
(ii) The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.

You'll need to see if Texas has a similar statute or else pursue it under a federal violation.

 

[Tony31]

I found this in the Texas Labor Code, Chptr 21:§ 21.055.

RETALIATION. An employer, labor union, or
employment agency commits an unlawful employment practice if the
employer, labor union, or employment agency retaliates or
discriminates against a person who, under this chapter:
(1) opposes a discriminatory practice;
(2) makes or files a charge;
(3) files a complaint; or
(4) testifies, assists, or participates in any manner
in an investigation, proceeding, or hearing.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.

You should also look at federal violations but that gives the district courts original jurisdiction.

 

[Tony31]

If you were fired, go to your local law library and see the following cases. The librarian will assist you in finding them. Make sure you can comprehend legal documents and rulings.
You should consult an attorney.

Wagenseller v Scottsdale Mem Hosp. 710 P.2d 1025
Tameny v. Atlantic Richfield 27 Cal.3d 167
Palmateer v International Harvester Co. Ill. 421 N.E.2d 876

 

[cbg]

I disagree with Tony that this is a constructive discharge. I don't think Tony fully understands what a constructive discharge is, or else he's seeing something I don't. There's nothing in your post to suggest that your working conditions have been made intolerable.

However, I do agree with him that there is probably a public policy violation here. You have an absolute right to report unsafe activity to the appropriate regulatory agency.

There's not enough information here to say for certain, but I would definitely talk to a local employment attorney.