Hello I worked for a small ground transportation company in the Houston area. Recently all of the drivers were presented a multi-page policy change document that we were to read and sign on the spot. I would guess on average each driver had less than ten minutes before they had to start to get their assignments. I took objection to several of the changes and asked the supervisor at the office if I could return it the following day before my shift. She said that I could. Several hours into my shift I was ordered to return and change vehicles and also to sign the on the policy change. When I arrived at the office I told the dispatcher that I was told I would have until the next day(which she knew because she was also there at the time). She stated that the owner insisted I sign it immediately. I replied that I had several legal, safety and health concerns that I wanted addressed first and that I would not sign the document in its present form. She contacted the owner while I waited and then told me that as long as I refused to sign on the policy changes I would receive no further work. I was instructed to return the vehicle to the yard and bring back the key.

I understand Texas is a very worker unfriendly states and my rights are next to nil. However I do believe in the state of Texas that any policy modification must be given with fair notice. What constitutes fair notice? Also does any legal, health or safety ramification within the policy change transform the modification into a legally binding unilateral contract in the eyes of the courts? Would being forced to sign into a legal estoppel for example within said contract under threat of dismissal create duress?

The policy changes were quit dramatic and unfair and I had several problems with it. I don't want to write a book here so I will stick to only one of them for now. When I took the job there was a paragraph within the policy document which states that we could be held accountable for any damage to a vehicle while in our care including door dings and scratches. Several months later I(we) signed a document giving them to right to garnish our wages in the event of vehicle damage. Now the problem here is specificity with the policy changes, which now take us out of the vehicles, where we once were always with them, and makes us wait in private businesses, sometimes in unsafe areas, between assignments. Furthermore the document states we must park the vehicles away from other vehicles and that we could be held responsible for any damage(dings, scraps, dents, etc).

My concern, which I would have represented had they given me the time to respond to the changes, were that signing the documents would legally estop me in court and make me accountable for damage beyond my ability to control at their whim. Obviously if some idiot damages a $82,000 vehicle for instance while it's parked somewhere the cost would be very high, and the commercial insurance only covers past $1000. I wanted this part of the policy change to be modified to state that no driver would be held accountable for any damage beyond his ability to fully control.

There are safety, financial and health concerns as well with those changes which I will omit however I would like to know if anybody if familiar with Texas State Labor Code § 52.041. COERCION OF EMPLOYEE TRADE. How is it enforced and under what circumstance, I can find very little online but I feel It might also apply to my case. Specifically in regards to them forcing us to occupy specific businesses and purchase items from them.

I apologize for the lack of brevity, I would appreciate advice and comments.

Thanks,
Hank

I would think they can make you sign whatever they want, but if what you said happened (someone running a red light for example), you would have the right to take the company to court and fight for them to pay for it. It is my understanding that even though you sign something that says they can take it out of your check, if it goes beyond what the law of your state says they can take out, you can contact your states Department of Labor, and show them the deductions, and see if they agree with it, or they will contact them and demand that the deductions stop and you be reimbursed for whatever they already took out. I would also ask who their insurance company is for the company vehicles, and let them know if something does happen, to make sure they are not also filing a claim with the insurance company, AND being reimbursed by you for the same damage (that would constitute fraud). I am sorry, but I am not sure what your state does or does not allow as far as deductions such as these go. I will try to find some info for you. In the meanwhile, keep an eye out for further answers. Your refusal to sign the paper, could be construed as insubordination (refusal to obey an order). That they could fire you for. I would recommend signing it to keep your job, make a copy of it also!!! Let a lawyer see if they have asked you to sign something that is illegal for them to do so, and see from this lawyer if your agreeing to it can be retracted because of the legality of the paper itself. This is only an opinion, good luck!!

However I do believe in the state of Texas that any policy modification must be given with fair notice.If you can provide a link, I would love to see it, because as far I know it doesn't exist.

There are safety, financial and health concerns as well with those changes which I will omit however I would like to know if anybody if familiar with Texas State Labor Code § 52.041. COERCION OF EMPLOYEE TRADE. This code has nothing to do with your situation. This code states that as an employee, you cannot be forced to buy from certain stores, whether it be food, clothes or any other goods or have dealingswith certain people outside your employment. It has nothing to do with you being told to sign for a new policy change document.

If you can provide a link, I would love to see it, because as far I know it doesn't exist.

This code has nothing to do with your situation. This code states that as an employee, you cannot be forced to buy from certain stores, whether it be food, clothes or any other goods or have dealingswith certain people outside your employment. It has nothing to do with you being told to sign for a new policy change document.

It does have a lot to do with my situation. Like I mentioned there is a lot more to this. The owner wanted us to hang out at anyone of several several specific restaurants in a 'zone' and 'buy our meals for the day' or 'a drink'. The owner claimed that he worked out some kind of deal with them, although this is highly unlikely he could have blundered into a code violation. This is all so he can save money on gas. The owner also has a body shop that he forces the drivers to deal with. He forbids them to get another estimate even when the total amount of damage falls below the deductible. The general consensus is that the estimates are excessive. He also had a habit of collecting money for scratches and dings and never repairing the damage. What I'm hoping is to get some idea of how that labor code is enforced and through what agency. It is not on the books for nothing.

Your refusal to sign the paper, could be construed as insubordination (refusal to obey an order). That they could fire you for.

The whole idea that one can be called insubordinate for not signing anything is beyond absurd, only in Texas. People have lost the shirt off their back for signing 'things.' People are homeless because they put their signature in a bad place. The old saying goes 'After your hired sign nothing but your paychecks'. Besides I don't want to spend hundreds if not thousands on an attorney to fight them for a couple of paychecks should they garnish my wages because somebody dinged a Hummer, or the Benz in a parking lot or 'cornered' a bumper cover.

You can get a relatively low-cost consultation with an attorney by contacting the Lawyers' Referral Service of the American Bar Association.