FedEx is global provider of logistics and transportation services, primarily package deliveries for individuals and businesses. The company has a massive army of warehouse workers and delivery drivers to perform these services, and the sight of a FedEx truck is familiar to just about everyone.
Being a delivery driver puts you at risk of auto accidents, and sometimes, it’s the FedEx employee who is at fault. But what if someone else is to blame for the accident, like a negligent driver or a government entity that failed to make road repairs?
One of the problems facing delivery drivers is the prospect of being fired after an accident. This can happen even if the accident was not your fault, as many employers would rather get rid of the worker and save themselves the cost of paying for medical expenses and other work-related benefits. Or, they may have had an agenda against the worker for a while, and the accident was the ideal opportunity to fire them.
These are examples of employment violations under California law, and workers who are wrongfully terminated have the right to seek justice and compensation for any financial losses. Our law firm can help you with an employment complaint and lawsuit if you lost your job with FedEx after an accident caused by another party. Reach out to us 24/7 and talk to a work accident injury lawyer during a free consultation.
Our Recent Verdicts and Settlements
$2.5 Million
$1.1 Million
$1.5 Million
$600,000
$525,000
$734,851
What are My Rights? Can I Sue if the Accident Was Not My Fault?
You may have the option to sue your employer if they fired you after an accident. FedEx cannot simply assume that an accident was your fault and take away your job. You must be given an opportunity to show how someone other than you caused the accident. In some cases, more than one party may be at fault, and this is why a thorough investigation is needed in order to determine if the delivery driver should be fired.
If you were injured from the accident, you have the right to pursue a claim for workers’ compensation. You cannot be fired for being injured, seeking WC benefits, or disputing a benefits determination by the insurance company. So, if you believe that your termination by FedEx is tied to your request for workers’ comp, call us right away to discuss your rights under state and federal laws.
With most of our clients, a wrongful termination is based on discrimination and or retaliation. For instance, a worker may be dealing with unfair or abusive treatment at their job due to their race, sexual orientation, gender, disability, or another protected characteristic. The worker files a complaint with HR, but the abusive treatment continues. If anything, the problem gets worse because the supervisor is angry with the worker for reporting them to HR.
During their shift, the worker is involved in a car accident because of someone else’s reckless behavior. Even though the worker is not at fault, the employer uses the accident as an opportunity to fire them. In reality, the worker was fired as an act of retaliation because they exercised their right to file a discrimination complaint.
As you can see, a wrongful termination case may involve complex issues that can impact your rights and how you proceed with a legal case against your employer. With that in mind, please schedule a free case evaluation by contacting our office.
What can I Recover from a Wrongful Termination Lawsuit?
Under California law, FedEx employees who were wrongfully fired can seek various damages, including direct monetary losses that resulted from losing their job. Claimants may also qualify for non-economic damages, like damage to your professional reputation and emotional distress. In the event you go to trial and the jury finds your employer guilty of gross negligence, you may receive additional payments in the form of punitive damages. You can also demand expenses associated with legal representation, like court filing costs and attorney’s fees.
To give you an idea of what you can expect, here are the possible damages from a wrongful termination lawsuit against FedEx:
- Lost wages and value of job benefits
- Loss of future earnings if the termination compromised your ability to find comparable employment.
- Costs related to searching for a job, relocating to another city or state
- Emotional distress
- Reinstatement of your job
- Damage to your reputation
- Punitive damage
- Lawyer’s fees and other litigation costs
Lawyers Who can Sue for Wrongful Termination
At the end of the day, you have the right to pursue a wrongful termination lawsuit on your own. However, employment lawsuits are governed by different laws compared to a personal injury claim. For one thing, you must begin the process by filing a claim with the applicable state or federal labor agency. Please note that you will need extensive documentation to support your allegations against FedEx. This is where a California employment lawyer can be of help, as some kinds of evidence can be very difficult to obtain on your own.
After your case is investigated by the appropriate agency (Equal Employment Opportunity Commission, California Civil Rights Division, etc.), you may receive a Right to Sue letter. With this notice, you can move forward with a lawsuit for illegal termination. Make sure to consult a wrongful termination lawyer who can petition the court, file the necessary paperwork, and negotiate a fair settlement with your employer’s insurance company. If further action is needed, you can discuss the option of taking your case to trial, though it should be noted that most wrongful termination lawsuits are settled out of court.
Zero Fee Guarantee
With the Zero Fee Guarantee, you can hire a Los Angeles wrongful termination lawyer for $0. How is this possible? Rather than changing you a retainer or other fees upfront, we wait to recover all legal fees from your settlement award. That way, your finances are never impacted, since we don’t get paid unless the case is resolved in your favor.
For more information on the Zero Fee Guarantee, contact Normandie Law Firm today to speak with a lawyer that specializes in work-related accident claims.
Other Pages on Our Website Related to This Topic
FEDEX Employee Head Injury Lawyer
Lawyer With Experience In Mediation On An Injury Case Against FedEx
Updated_ Average FedEx Truck Accident Settlement Value
