Case details

Truck driver terminated after refusing to return to work

SUMMARY

$6241655

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Jan. 7, 2008 plaintiff Daniel Webb, 46, was terminated from his position as a gasoline delivery truck driver with Ramos Oil Co., a West Sacramento-based company, on the grounds that he had refused to report to work on Jan. 4, 2008. Webb sued Ramos Oil, alleging wrongful termination and Labor Code violations. Webb claimed that on the morning of Jan. 4, he drove his route for eight hours despite severe weather conditions, including 60 to 70 mph winds, heavy rain and flooding, and numerous road closures and downed power lines, including one that struck the driver’s side mirror of his truck. He alleged that one customer refused delivery, claiming it was too dangerous to unload the fuel, and that police were advising commercial vehicles to avoid travel. He also alleged that he made repeated requests to return to the yard, which were denied, so he clocked out after completing the route. Webb claimed that he was then contacted by his supervisor three hours later, requesting that he return to work. He claimed that when he refused, citing the continuing weather conditions and the fact that he had drunk a number of beers since leaving work, he was terminated. Thus, Webb’s counsel argued that the request to return to work was unreasonable under the circumstances and a violation of the Labor Code, and that Webb’s termination was wrongful. Ramos Oil claimed that Webb’s termination was not wrongful or a violation of the Labor Code, and that it was, in fact, reasonable and legal. Defense counsel contended that Webb’s complaints about the weather conditions were unreasonable. Counsel argued that the weather conditions on the day in question were not excessively dangerous, that Webb lied about the power line incident, that Webb failed to complete his deliveries, and that he failed to disclose that he had been drinking. Plaintiff’s counsel responded that Ramos Oil failed provide evidence of what deliveries Webb allegedly failed to make, and that Webb’s claim about drinking after he clocked out was recorded in company documents and testified to by the dispatcher who contacted him., Webb claimed he was wrongfully terminated from his job of 13 years in violation of the state Labor Code. Thus, he sought recovery of an unspecified amount of damages for his past and future loss of income and mental anguish, plus recovery of punitive damages.
COURT
Superior Court of Yolo County, Yolo, CA

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