<p>Long story short. Hubby works for federal government as a truck driver. In Feb he was called to pull a school bus route- not his normal duty even though he had done this for 6 years before he got promoted to the tractor trailer section. Long story short, 2 middle age school kids complained that Mr. Chuckledoodle was driving in an unsafe manner which caused them to get hurt- a cut on the finger and a bump on the head. They also said that he wants to “make the drive fun” their words.</p>
<p>The school did an investigation, complained to transportation branch and said we don’t want Mr. C to drive for us again. His work took it a step further and started termination paperwork. He went before an Officer who determined that his work “can’t trust him anymore” and completed the termination. He has an option to file a grievance or file an appeal through the Merit system. </p>
<p>His union says the grievance process will be an 20/80 chance of winning. We talked with a lawyer who says he has a 60/40 chance of winning through the merit system. Unfortunately, the lawyer wants $5500 down and $5500 later. If we win, hubby may get his job back and the government will pay the $11000. If we lose, we lose the money too.</p>
<p>There are other factors- they used the wrong job description to fire him, they have over 15 affidavits from other drivers stating they have nothing but trouble from this route- the kids are always rowdy. He also has statements from school bus monitors from when he drove the Pre-K kids around- for 5 years without incident.</p>
<p>To pay for this we’d have to cash a 401K account. Hubby is also off work due to cancer and can’t honestly apply for unemployment because the radiation/chemo treatments are kicking his but.</p>
<p>So if you were in our shoes, would you go forward and file suit? Or take it and live with it? </p>
<p>This is not my area of law, but I would put more faith in what the union says than what the lawyer says. The union probably has more experience with this type of situation and little reason to misrepresent the odds of success. The attorney has reason to inflate the chances of success to make you retain him/her, but even the chances of success the attorney gives are not very good. Unless you can find an attorney who will take it on a contingency basis I don’t think I would pursue it. An attorney who takes a case on contingency does not get paid unless you recover, and generally won’t take a case unless there is a good chance of success. </p>
<p>One other thing about lawsuits is that they are STRESSFUL for the parties involved. How will stress affect your H’s recovery? I’d be more concerned about that! Can the union file a grievance for him and handle everything at no charge to him, since he’s been paying his union dues? Sounds like he has considerable evidence in his favor. That might be the compromise. </p>
<p>So sorry you and he are going thru this. This isn’t my area of expertise either. </p>
<p>To clarify- this is a fork in the road. Take the left fork with union and see another Officer to determine H’s fate. Chances are 20% success. Take the right fork with a lawyer and sue, see a civilian judge who will determine fate. Chances are 60% success. Can’t do both forks. Can’t get a lawyer on contingency because this is fed employment law and we can’t sue for extras like pain/suffering. The most we’d get if we win is H’s back pay and job status and the government would end up paying our legal fees.</p>
<p>As far as his mental health goes, he’s angry about these accusations. He’s the safest driver I have ever met. He feels as if his former boss is out to get him. He just wants his record clear so he can work somewhere else, that’s less caustic.</p>
<p>Is there a way you can see about just clearing his record and say he voluntarily resigned and not bother with the attorney? That might be a compromise the govt would like, as it would not require them to pay and would allow your H closure. Am just trying to think outside the box. </p>
<p>$11,000 out of their retirement savings that they could lose and stress throughout the duration of the lawsuit and any appeal, possibly beyond are some of the things at stake, plus the atty may be inflating his success level. </p>
<p>I know nothing about this area of the law, but the fork-in-the-road analysis doesn’t sound right to me. In every context of which I am aware, a potential plaintiff must exhaust administrative procedures before filing a lawsuit. If there is a union grievance procedure available, I’d think that a person would have to go that route first. But again, I know nothing about this area of law. </p>
<p>A couple of other points: litigation is very stressful and your husband’s former employer would have the incentive to marshall all the negative evidence possible against your husband. It is often horrible for people. And the attorneys fees you’ve mentioned sound very low. </p>
<p>That said, i don’t think anyone can give you any meaningful advice on an internet message board on this complicated question.</p>
<p>Might be worth considering talking with union to see if they have a way to work with employer and compromise to clear his record rather than going a more confrontational route. That would be my first inclination. Agree that lawsuits are huge STRESS, which is not good for health or healing. </p>
<p>Disclaimer, this is NOT my area of expertise. </p>
<p>You don’t mention this, but have you checked if there was any sort of taping system on the vehicle? More and more school buses have such a system, usually video but sometimes both audio and video.
"“We viewed it as a protection bill for the school bus drivers who are driving a machine weighing thousands of pounds, trying to focus on the road while carrying dozens of kids with their backs to them,” said sponsor Sen. Richard Alloway, R-Adams, “It protects the drivers and also the kids.” "
<p>Post 11 sounds like a good option, if it’s available. If he is later found not disabled after he heals, he could try applying at another employer. </p>
Here’s an update- It has been a long 6 months but we finally see a light at the end of the tunnel. After trying to deal with the Agency on a settlement- they only offered a clear SF50 and no offer to pay attorney’s fees or back pay; we went to court for the hearing. The Agency had to prove the negligence AND prove the punishment (firing) fit the “crime”. The Agency’s own witnesses stated H did not work on Friday’s and the children were hurt on Friday.
The Judge found in our favor and has ordered the Agency to reinstate H, reimburse him for back pay to include interest, annual and sick leave and other contributions (TSP matching)! We have to wait and see if the Agency will appeal the decision- they have until May 15th to do so.
Thank you everyone for being a sounding board for our dilemma. Of course, H has totally moved on and has no interest in going back to work for the Agency so now we have to see what the rules are for resignation / retirement. He has 10 years in with the federal government but he is not 56 years old so I need to look into his options. In the mean time, H is back in school, learning how to be a PT assistant while we are also still dealing with his Stage 2 cancer issue. At least one stress has been partially removed.
That sounds like great news, ChuckleDoodle. I have seen public entities (in education) negotiate a settlement that is somewhat sweeter if the person agrees not to return to the job. H saying that he has totally moved on may not be the best bargaining position right now, but I’m sure your attorney can give you better advice.