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Last year, we got a raise @ my trucking co. Shortly after, they started lowering trip rates( our hourly rate is times the trip rate.), In the 8 yrs, i,ve been there, no trip rates have gone down, only up , if we could prove we needed more time. When i asked about this, they said they were just standardizing them . I said, that even with the raise, i now make less doing some of the work, than before the raise. I,ve talked to a general mgr, and at least 2 others in mgmt, about this , since the raise, last year, getting nowhere. Would this count as a constructive dismissal, if i left ? even though i,ve been working at the reduced trip times, since the raise, last year. They know of my disapproval , as i,d been trying to have them re-set. There are not many co. drivers , left, as there big on brokers. Also when i was hired 8 yrs, ago, i was hires as a Foss driver, a company they own. Even though i interviewed @ the Seaboard offices, had 2 days of orientation there, & for the last 3 yrs, i,ve worked out of the seaboard yard. I only found out last year, i get $29./hr. as a Foss driver, while the Seaboard drivers get $30. / hr. I checked with fed.labor board, & its legal, as they are treated as 2 separate co,s. Driver who works on same truck after me, less co. time, but is a seaboard driver, get more money than me. ($30 rate). When i took this up with mgmt, was told was always this way. & nothing done to remedy, i even gave them ideas of how to even us, few Foss drivers up . To add insult to this there retiring my Foss tailers soon, & i,ll be getting a Seaboard set of trailers . So , ill be a Foss driver, working out of the Seaboard yard, pulling Seaboard trains.. But still getting paid the lower Foss rate.When i was hired if i,d know this i would have made it a condition of hire to be paid equal .. I,m 63 & thinking of retiring soon, maybe, does any of this mean i could get a severance package ? Thanks. John MacMillan
If the change in pay was a significant one, it may be considered a constructive dismissal, which would allow you to obtain a severance package, although if this happened a year ago, you may have run out of time. It is extremely important that you get legal advice as soon as possible. Give us a call at the number below to set up a confidential consultation with one of our employment lawyers.