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starchaser707
Guest
Federal Motor Safety Regulation 392.3 Ill or Fatigued driver protection from employer discrimination/termination for refusing to operate equipment if safety is impaired. I reported to a dispatcher I was ill ,was going home. Saw my Workers comp. doctor-pre-existing back injury a year before,same employer. Was placed on Workers Comp. for 4 days. Employer terminated me from employment, Feb 24th 2000.I was forced to take early retirement at $500 less.Won a decision from Calif. unemployment Adm. law judge who stated it was not wilful misconduct. Currently had a hearing at Appelate Court 3rd district appealing an OSHA hearing,waiting for decision. Can I sue under VIOLATIONS OF PUBLIC POLICY, seek punitive damages in that the employer was not recognizing Federal Motor Safety Regulation 392.3,nor did they request I be seen by their doctor during or upon my release to regular duty,as is the normal case. I am 59yrs, protected under title V11, have had 4 major on the job injuries past 4 years. Have doctors disability ratings for each injury. [email protected] thank you