Judge Orders Prime to Reinstate Driver and Pay Her More Than $150,000 For Illegal Firing.

In a decision issued on March 15, 2010, Department of Labor Judge Daniel Leland ruled that New Prime, Inc. (also known as "Prime") illegally fired Cynthia Ferguson because she refused to continue operating a commercial vehicle in hazardous weather. In Ferguson v. New Prime, Inc., Ferguson, a leased driver for Prime, was fired shortly after she refused to drive through Donner Pass in the Sierra Nevada Mountains with a loaded tractor-trailer set during hazardous weather. Paul Taylor of the Truckers Justice Center filed a claim on behalf of Ferguson with the Department of Labor alleging that Prime illegally fired her. Prime alleged that it fired Ferguson because she operated the truck at a deficit.


Near Reno, NV, on December 25, 2008, Ms. Ferguson observed hazardous driving conditions as she drove. After consulting other drivers, listening to radio weather reports and receiving reports from the State authorities advising against travel, Ferguson advised Prime via Qualcomm that she was not going to drive through Donner Pass until weather and driving conditions improved. When her dispatcher, Jeremy Thomas, read the message he told her "why didn't you cross it Donner Pass yesterday? you should have been across the country twice by now." A few days later Thomas recommended that Prime fire Ferguson. Prime then dispatched Ferguson to Springfield, MO where a Prime management official, Jack Ewing, fired her.

Judge Leland found that Prime violated the Surface Transportation Assistance Act which prohibits trucking companies from firing drivers for refusing to drive in violation of commercial vehicle safety regulations. Judge Leland held that Ferguson's refusal to drive was legally protected because violations of DOT regulations would have occurred but for Ferguson's refusal to drive in the hazardous weather. Judge Leland credited Ferguson's testimony noting that she properly relied upon reliable reports of bad weather and unsafe driving conditions through Donner Pass. In finding that Prime fired Ferguson because of her refusal to drive in hazardous weather, Judge Leland relied on an "incident report" prepared by Thomas noting complaining that Ferguson refused to drive through Donner Pass and
recommending that she be fired.

Judge Leland ordered Prime to reinstate Ms. Ferguson as a driver, pay back wages of more than $ 26,600, pay $ 50,000 as compensation for Ferguson's emotional distress, and pay $ 75,000 in punitive damages. Judge Leland also ordered Prime to pay Ms. Ferguson's attorney fees, and remove unfavorable information from her DAC Report.

Paul O. Taylor
Truckers Justice Center
900 West 128th Street, Suite 104
Burnsville, MN 55337
Tel. No. 651-454-5800
www.truckersjusticecenter.com

Truckers Justice Center at the Law Office of Taylor & Associates and whistleblower attorney Paul Taylor has been helping truck drivers with their employment-related problems for more than 20 years. Mr. Taylor aggressively seeks justice for workers who have suffered at the hands of unethical companies. He has brought successful claims against some of the largest trucking companies in the United States. Please visit the Truckers Justice Center website (http://www.truckersjusticecenter.com) for more information about the firm.

Comments for Judge Orders Prime to Reinstate Driver and Pay Her More Than $150,000 For Illegal Firing.

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Apr 17, 2012
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congrats NEW
by: brad deshautelle

congrats to both mr. taylor & ms. ferguson for their victory. i am glad to see that u ms. ferguson stood up & did something about it. a huge pat on the back to u & big hand shake for a job well done mr. taylor.

May 02, 2010
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not enough
by: Anonymous

I am glad to see that this drivers case was won.the dispatchers should be held to the same financial standard as the drivers. as drivers we assume all the risk.the money she was rewarded was not even close enough, but I am glad that it was a favorable outcome for the driver.

Apr 05, 2010
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STAA Refusals
by: Paul Taylor

Thank you all for your comments. I am Ms. Ferguson's attorney. Prime's actions in firing Ms. Ferguson is not illustrative of the industry in general. I know that most carriers will defer to the driver's judgment regarding whether or not it is safe to drive. Unfortunately Prime did not do so in this.

Paul Taylor

paul.taylor@truckersjusticecenter.com

Apr 02, 2010
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Donna Pass
by: Lady Trucker "MD"

First I want to say thank you I have always said this dispatchers have no clue on how hard it is out here in the winter months. I too was in NV with a load going over Donna Pass. I held out told my dispatcher the conditions were bad and state police was telling us to stay off of the roads. I stayed on top of all reports there is a web site for tuckee CA http://cad.chp.ca.gov/
I was on that site 24/7 while there. Congrats on the findings the judge did good by you and so did your lawyers. It is hard enough for us women out here being in a men's world knowing that we are all equal when it comes to making the right desions.

Mar 26, 2010
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oh sunny day!
by: NickV

Well good for her. Best luck I've heard yet for a trucker. This story goes to show, don't let your companies push you around. 98% of these dispatchers have never even seen the inside of a truck much less have a ounce of respect for what goes on out here. If you don't feel safe or comfortable, pull it over. The longer you second guess yourself the deeper the hole gets and the worse the weather gets. Be safe out there

Mar 21, 2010
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Very interesting
by: Jennifer S

Thank you so much for sharing. I will be passing this on to the wives :)


Jennifer S

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