firm-news , news , whistleblower-retaliation

Doyle Dennis Avery LLP vs. Austin Bridge & Road, LP: Texas Worker Blows the Whistle On Safety Violations

Doyle Dennis Avery LLP recently filed suit against Austin Bridge & Road, LP.  The retaliation lawsuit was filed in U.S. District Court, Northern District of Texas, Dallas Division on behalf of our client.  Our firm will continue to work diligently for the best interests of the client.

             Doyle Dennis Avery LLP’s client was employed as a Commercial Motor Vehicle Driver who maintained a Class B Commercial Driver License and worked as a Dispatcher. The client lawsuit alleges that Doyle Dennis Avery LLP’s client reported that Austin Bridge & Road improperly worked its drivers for hours more than the mandatory limits under federal law.  Specifically, the lawsuit alleges that Austin Bridge mandates that its drivers work back-to-back shifts of more than 12 hours per shift.  Doyle Dennis Avery LLP’s client engaged in protected activity under § 31105(1)(A)(i), 31105(1)(A)(ii), and 31105(1)(C). In response, according to the lawsuit, Austin Bridge & Road’s managers ignored and dismissed the concerns. Reports were made of drivers who were fatigued and overworked, following working 12-hour shifts from 6 am to 5 pm, and returning for a shift beginning at 4 am.  The problem was not corrected, and Doyle Dennis Avery LLP’s client was told to continue scheduling the back-to-back 12-hour shifts. The lawsuit alleges that when Doyle Dennis Avery LLP’s client was terminated, the reason given was “would not listen” regarding the unlawful safety violations (scheduling of drivers for back-to-back shifts).   

             As a result of Austin Bridge & Road’s conduct, Doyle Dennis Avery LLP’s client has suffered and will continue to suffer financial hardship, and the permanent and irreversible damage to his professional reputation after a long and distinguished career.  Damages include loss of wage earning capacity and significant loss of earnings, and our client is seeking damages under the Surface Transportation Assistance Act (“STAA”), 49 U.S.C. § 31105 and 28 U.S. Code § 1331.

Doyle Dennis Avery LLP prides itself on protecting workers’ rights. Our attorneys have decades of success inside and out of the courtroom. Learn how they can help you. If you were wrongfully terminated and or retaliated against after sustaining an on-the-job injury, call us for a free evaluation of your case.