The New Hampshire Supreme Court ruled that a truck driver should not have been fired for objecting to working on his only day off.
According to published reports, Barry Leonard Sr. was working for Fred Fuller Oil Co. in 1996 when all the company’s drivers were ordered to work on a Sunday. Because of the unusually harsh winter, Leonard had been working long hours, and Sunday was his only day off. When Leonard told his boss he couldn’t work that day, Fred Fuller told him that if he refused to work, he would be fired. Leonard dropped the truck off and did not return to work.
Although the federal government had suspended hours of service rules for fuel truck drivers because a winter state of emergency was effect in the state, Fuller violated a state law that had not been suspended. The state “day of rest” law forbids businesses from requiring employees to work on Sundays unless they have another scheduled day off during the week.
Leonard brought a complaint under the state’s Whistleblower’s Protection Act, saying he was fired for reporting a violation of state labor law to his boss. The state Labor Board had rejected the complaint, because the trucker did not specifically cite the law when he talked to Fuller. But the Supreme Court overturned the agency’s ruling and ordered it to come up with an appropriate remedy for Leonard.
According to published reports, Barry Leonard Sr. was working for Fred Fuller Oil Co. in 1996 when all the company’s drivers were ordered to work on a Sunday. Because of the unusually harsh winter, Leonard had been working long hours, and Sunday was his only day off. When Leonard told his boss he couldn’t work that day, Fred Fuller told him that if he refused to work, he would be fired. Leonard dropped the truck off and did not return to work.
Although the federal government had suspended hours of service rules for fuel truck drivers because a winter state of emergency was effect in the state, Fuller violated a state law that had not been suspended. The state “day of rest” law forbids businesses from requiring employees to work on Sundays unless they have another scheduled day off during the week.
Leonard brought a complaint under the state’s Whistleblower’s Protection Act, saying he was fired for reporting a violation of state labor law to his boss. The state Labor Board had rejected the complaint, because the trucker did not specifically cite the law when he talked to Fuller. But the Supreme Court overturned the agency’s ruling and ordered it to come up with an appropriate remedy for Leonard.
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