Complaint Review: Marten Transportation L.T.D - Mondovi Wisconsin

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.

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.