Truck Driver Complains about Illegal Assignments and Is Fired.
FOR IMMEDIATE RELEASE
Employee Files Lawsuit against Deltaura USA Inc. for Retaliation
Paul started with Deltaura USA Inc. in June 2017 as a truck driver with the role of transporting produce on certain routes by driving a 53-foot trailer. He was paid by the driven mile, unloaded pallet, and back haul. His employer immediately assigned him routes that would have him working over the legal amount of time for truck drivers. Paul noted that all the other truck drivers struggled under this expectation, and that their employer rarely gave enough time for the government-mandated 10-hours off-duty time.
Upon observation, Paul recognized that drivers who insisted on 10 hours of down time between assignments suffered a cut in pay as well as fewer assignments. Paul issued a complaint to dispatch and his supervisors about this illegal management. He continued to speak his complaints daily until he resigned in August.
A few weeks later, the assistant manager convinced Paul to return as an employee, promising that he would not deal with continued illegal treatment, which included working shifts over 14 hours or driving for more than 11 hours without down time. Despite the promise, Paul was placed into the unlawful situation again. Once again, he complained. When that changed nothing, he applied for a change in position to a “yard job.” Paul did not get the job.
In October, Paul received a route that would have him driving from 3 am until 4 pm. When he completed the route, he was immediately assigned a route that had him immediately driving from 4 pm until 8 am. In total, that meant Paul would be working for 25 hours without a break. Paul refused to work the second assignment, and he was terminated two days later.
Paul believes that Deltaura USA Inc. terminated him because he complained about the illegal treatment and stood up for his rights. As a KM&A client, Paul fights for his rights. KM&A represents employees like Paul who seek their employment rights and suffer retaliation and wrongful termination.
Full text of this complaint, as filed with the District Court for the Eastern District of Pennsylvania, is available at docket no: 5:18-cv-03104-JLC
Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.