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TakeTheLeap Offline
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Friend got into a car crash... - August 10th 2009, 10:00 PM

One of my coworkers, John, got into a car crash yesterday, right after he got off of work. How does this pertain to work, you ask? Here we go...

He had to work from 2pm to 9pm in the cafe on Saturday. After which, he had to go home, get to sleep almost right away, and then wake up the very next morning to be at work for a 4am to 9am shift. After he left work on Sunday, he fell asleep behind the wheel, and ended up wrapping his car around a light pole. Thankfully, he's okay minus a seatbelt bruise and some soreness.
Now, according to Virginia law, between two seperate shifts, there has to be an 8-hour time period. I did the math, and there were only 7 hours between his two shifts. On top of that, he has a 20 minute drive to and from. Allowing for that time, plus the time it takes him to get ready for work (let's say 20 minutes for the sake of an easy argument). Assuming he gets to sleep as soon as he walks in the door Saturday night, that still only gives him 6 hours of possible sleep. But we all know that you just can't get to sleep as soon as you walk in the door, so he didn't get but 5, maybe 5.5 hours of sleep.
Where should he go from here? I feel that Target should be held partially liable for not following the law. Yet, that will probably end up with him being fired. Target will lose a great team member, and he'll lose a good job (this isn't a common occurrance). What are his options?


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Chazzz Offline
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Re: Friend got into a car crash... - August 11th 2009, 03:07 PM

It would be illegal for them to fire him for launching a complaint into this. It's completely false grounds for dismissal.

I don't really know the American systems too well. But before you go to the higher governmental people anyway have him confront the store manager. So long as he has some kind of print off that backs up his claim that his shifts were illegal then there isn't really a great deal he can say. It was very possibly an innocent mistake and they may be able to come to some kind of agreement there and then.

If he's looking to get compensation then the main way that will happen is going through the courts. I am sure you have plenty of Accident Lawyers over in America.
   
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