Read thisKaiserB wrote:Was the vehicle moved? (no, the driver did not move it and asked the load to be changed, thus no law was broken)
Was the vehicles weight changed before the company moved it from its lot? (unknown because the driver in this case was fired prior to the truck moving)
The truck doesn't need to move. All this is required is that he refused to drive the overweight truck and is fired as a result. Under those conditions, the company is civilly liable for his dismissal.the Supreme Court recognized a narrow exception to the general "at will" doctrine of employment in Texas, and found that an at-will employee may sue his/her employer if he/she is fired for refusing to commit an illegal act.
And if he wins the case?
All that is required, based upon the facts presented by the OP, is that the jury be convinced by a preponderance of the evidence that he was fired for refusing to drive an overweight truck and he prevails. He does not have to prove his case beyond a reasonable doubt, as is the case in a criminal trial, but merely needs to convince the jury that it's more than 50% likely that his version of the story is correct.An employee who wins a suit under the Sabine Pilot cause of action may be entitled to actual damages that include past lost wages and benefits (back pay), future lost wages and benefits (front pay), and damages for mental anguish. In addition, a prevailing plaintiff may be entitled to punitive damages, prejudgment interest, and court costs.
No emotions, just facts.