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Marten Transportation, Marten Transportation L.T.D Terminated due to company policy Mondovi Wisconsin
I was fierd, Due to violating company policies, Of having an accident within less than thirty days.
This company did not even get a full statement from me about the incident. They said I was fired on the day of the incident, But yet I was ask if I could deliver the load after the truck was pulled out of a ditch,I stated that because of the way the front end was into the dirt, I felt the truck should be checked out.
I was ask to drive this tractor to peterbuilt that was an hour and ten minute drive. After supposed to have been fired violating company policies.
I feel I have been black balled, I have been putting over 30 applications and have been turned down for employment due to a DAC report that states I drove truck off road way.
This is totally un true. Not to mention all the false statements that were made againts me that I have in black and white.
Unemployment benifits have been appealed againts me as well, This is how I found out about the false statments.
I have a hearing on 03/13/09 with EDD on an appeal with company as well.
Marten transport has damaged my career as a commercial driver, I never had an accident in a commercial truck since I started driving in 1990.
This has put my son and me on social services, And lost of my vehicle and our belongings in storage of for auction and not to mention in the process of being homeless.
I had a couple of companies at the time that were going to hirer me, Such as Hendrickson trucking, C R England, Central Oregan, Knight Transport, But they told me because of whats on my DAC report, insurance will not except me.
I did not drive truck off the road way, What gives the right for this company to say that, And to make other false statments.
False statements, such as saying the tractor was towed in.
Or I was fired on the 19th, and then turn around and say I was fired on the 20th, Or to say I drove the truck in a ditch then turn around and said I droveit off the road way etc...
So un true
Mr. calderon
Corning Ca, California
U.S.A.
2 Updates & Rebuttals
Mr. calderon
Corning Ca,California,
U.S.A.
Findings Of Fact
#3Author of original report
Sat, April 11, 2009
The claiment (ME) was most recently employed as a driver by the employer ( Marten Transport LTD ) for less than 30 days last being paid $0.38 per mile. His work there ended on October 20, 2008. The claimant lost his job because of an accident he had within his fist 30 days of work.
The claimant ( Me ) had started driving from his home area which was a few miles from the highway and when he got to the highway, he pulled off on the shoulder to begin entries in his log book. ( After comming off a private road where I lived ) The claimant was on the shoulder of a highway entrance and because he saw cars behind him that seemed to hesitate before going around him, he (Me) tried to move over a little bit more onto the shoulder. What he did not anticipate is that the shoulder was softer than he thought and what happened is that the unit he was pulling went into the ditch dragging the front part of the trailor along with it.
This was written by the judge after hearing my statment. My point on this is, Maten Transport did not even get a written statment from me, they just recieved pictures from my digital camera that I e-mailed to them. and put on DAC report I drove off road way.
I can understand about being firerd violating company policies, This company violated there own policies as well, by having me drive this tractor after the incident accured, And not to mention, I wasn't even drug tested, nor was I paid for assiting the tow truck drivers the hrs spent helping steering this tractor out. I had no business even getting back behind the wheel of this tractor after violating company policies.
I was supposed to have been terminated, This tractor could have had damages to the axle or something cracked, to where I could have caused a fatality, This tractor should have been towed in.
Unfair, that this first time incident has put my son and I threw hard times. Going on 7 months now, and I still haven't been able to get a job.
Mr. Calderon
Corning Ca,California,
U.S.A.
California Unemployment Insurance Appeals Board
#3Author of original report
Sat, April 11, 2009
On 03/13/09 At 9:45 am I went to an appeals hearing that Marten Transportation had appealed againts me getting unemployment benifits in Chico Calif.
I appeared in person, and a human resource person appeared by phone representing Marten Transport, Along with the Administrative Law Judge.
On 04/07/09 I recieved an envelope in the mail from the State of California Unemployment Insurance Appeals Board Sacramento Office Of Appeals.
Again I quote, I was teminated By Marten Transport For having a preventable accident and for misconduct, And also having on a Dac report that I drove truck off road way, unquote.
This was the decision by the Judge : "Misconduct connected with the work" is substantial breach by the claimant of an important duty or obligation owed the employer, wilful or wanton in charactor, and tending to injure the employer.(Precedent Decision P-B-3, citing Maywood Glass Co.v. Stewart (1959) 170 Cal.App.2d 719.)
On the other hand,mere inefficiency,unsatisfactory conduct,poor performance as the result of inability or incapacity,isolated instances of ordinary neglilence or inadvertence,or good faith errors in judgment or discretion are not misconduct.
In Precenent Decision P-B-222 the claiment performed poorly despite being counseled,causing substantial financial loss to the employer. The appeals board found that the evidence did not establish a wilful disregard of the employer's interest and held his discharge was not for misconduct.
The claimant in this case may have made a misjudgment initially in not starting his log before he actually began driving, ( Which I have confirmed with DOT about driving on a private rd, and it was said I did not have to make that entry til I was on the main rd, as long as I made the entry at correct time started.) but ultimately the principal misjudgment was made in not realizing that he was parked on the shoulder in a way that ultimately led the unit going into the ditch and then needing to be towed out. He made a negligant decision in respect to bringing about this incident but he did not wilfully disregard employer's interest. Consequently, on this basis it is concluded that he was discharge for reasons other than work connected misconduct.
DECISION
The department determination and ruling are affirmed. The claimant is not disqualified under code section 1256. Benefits are payable if the claimant is otherwise eligible. The employer's reserve account remains subject to potential charges.
Marten Transport has totally ruined my career as a commercial driver and never having an accident, Again what right, can anyone just make a statment againts someone without noing the facts.