The trucking industry is regulated by laws that ensure safety on the road. When a company breaches the law, it puts many people at risk. An employee who is aware of this breach has the right to point it out without retaliation. However, this does not always happen, and many companies choose to take retaliatory actions.

If you are a truck driver who is considering reporting an offense or was fired, harassed, or blacklisted after reporting a violation, you have the right to keep your job and receive compensation for your whistleblower claim. An experienced Columbia trucking safety whistleblower lawyer from Bill Nettles, Attorney at Law, could help.

What to Know About the Surface Transportation Assistance Act

The Surface Transportation Assistance Act (STAA) is a federal law that protects employees of trucking companies when they report safety violations or refuse to operate vehicles under dangerous conditions. Actions protected by STAA include:

  • Cooperating with safety investigations
  • Refusing to operate a vehicle due to fatigue or illness
  • Refusing to operate a vehicle that violates safety standards
  • Refusing to drive to avoid violating the hours-of-service rules
  • Reporting violations of commercial vehicle safety regulations
  • Reporting work injuries or filing workers’ compensation claims

Under the STAA, a trucking company is not allowed to fire, demote, threaten, or harass an employee who speaks up about safety risks. If the employer breaks this law and retaliates, the trucker has the right to claim damages. A skilled trucking safety whistleblower attorney in Columbia could help you evaluate the situation and file a relevant complaint against your employer.

How Do You File a Complaint?

If you believe that your STAA rights were violated, you need to initiate legal action. To get started, it is important to consult with a Columbia lawyer who understands trucking safety whistleblower cases to ensure you take all the necessary steps when filing your claim.

The first step is to submit a complaint with the Secretary of Labor within 180 days of the retaliatory act. Once they receive the complaint, they notify the trucking company in writing to initiate an investigation. They have 60 days to investigate and decide whether the complaint has merit. If it does, the Department issues a preliminary order that may demand damage recovery from the employer.

After that, the trucking company and the reporting employee have 30 days to object to the decision and request a hearing. If neither party does, the preliminary order becomes final.

Damages in Trucking Safety Whistleblower Cases

Besides reinstating whistleblowing employees to their jobs if they have been fired, the Secretary of Labor could obligate the employer to cover any incurred damages. These may include:

  • Lost wages: The pay the trucker did not receive due to the retaliatory firing
  • Attorney fees: Any expenses for legal representation the employee had to pay for when filing a complaint
  • Non-economic damages: Compensation for emotional distress, stress, and other psychological consequences due to the whistleblowing process and subsequent retaliation

In some cases, if an employer demonstrated egregious behavior, the Department may decide to grant punitive damages to prevent such behavior in the future. The cap for such damages is $250,000. Working with a Columbia whistleblower lawyer from the beginning could give you a better idea of what monetary compensation you may be entitled to when reporting a trucking safety claim.

Consult an Experienced Trucking Safety Whistleblower Attorney in Columbia Today

If your employer retaliated against you after you reported a trucking safety violation, you have the right to fight back. If you are afraid to report an offense, you should not be. The STAA does not just protect you against your employer’s unlawful behavior—it also allows you to recover damages. To do that properly, you must work with a competent Columbia trucking safety whistleblower lawyer.

Bill Nettles and his legal team have decades of experience protecting truckers and securing the compensation they deserve. Unlike large national firms, we have extensive knowledge of whistleblower laws and leverage a hands-on, local approach. Call us to schedule a consultation at any time.

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