STPS

How to Fire Your Truck Driver

When it comes to firing your truck drivers, that conversation can be a little complicated and very awkward. Whether it’s due to performance issues, safety concerns, or economic factors, handling the termination process properly is essential. We have decided to write a step-by-step guide to fire your truck drivers the right way.

Before just jumping into the meeting make sure you do your research. Most states have “at-will employment” laws, which allow employers to terminate employees without explanation or warning unless specific terms were laid out in the hiring contract. Federal law prohibits firing an employee for certain specific reasons like discrimination or retaliation, so it’s important to do your research before moving forward with a termination.

Tired of firing your employees or struggling to keep drivers?

Tired of the daunting task of firing employees? It might be time to reevaluate your hiring process. Building a successful team begins with making the right hiring choices from the start. By carefully considering the skills, qualifications, and cultural fit of potential candidates, you can minimize the chances of having to let employees go down the road. Prioritizing a thorough and thoughtful hiring process can save your business time, money, and the emotional toll of employee terminations, ultimately fostering a more stable and productive work environment.

ARTICLE: How Do I Recruit Better Drivers for my Trucking Company?
ARTICLE: How Do I Retain Truck Drivers?

Exemptions to at-will termination:

Depending on what state you’re in, there are certain exceptions to state at-will employment laws.

Just Cause: If you put company guidelines in place or offer assurances to employees that they can only be fired for “just cause,” this counteracts your right to at-will termination and you can be sued.

Public Policy: In 42 states and Washington D.C., it’s illegal to fire an employee for behavior that’s protected by public property or statute, like reporting workplace safety hazards.

Covenant of good faith: In some states, companies can be sued for termination “in bad faith,” an example would be terminating an employee to avoid paying retirement benefits.

Federal termination laws:

In addition to state laws, there are federal laws that prevent employers from terminating employees for specific reasons. This is why it’s important to remember to keep records leading up to the termination of an employee in case you need to refute accusations of wrongful termination.

Discrimination: Federal law makes it illegal to fire an employee due to things like the employee’s race, gender, disability, religion, age, pregnancy status, or immigration status. Some states have additional protections for sexual orientation and marital status.

Retaliation: It’s illegal to fire an employee in retaliation for engaging in any legally protected activity like reporting a workplace violation, complaining about discrimination or harassment, or taking legally-protected family leave.

Refusal to take a lie detector test: It is illegal for most employers to fire an employee for refusing to take a lie detector test and in many states, it’s illegal to administer polygraph tests in general.

Document Performance Issue:

Before scheduling the meeting make sure you have all the documentation that you need for termination. This documentation can include things like incident reports, delivery discrepancies, or any other relevant records. Having clear and specific examples will help justify your decision.

Schedule meeting:

Once the decision is made, schedule a private and confidential meeting with the driver and a witness. This meeting should be held in a location where privacy is ensured, and you should allow ample time to discuss the termination without rushing. Make sure you treat the employee with empathy, even throughout the termination process, you will gain respect from your remaining staff and peers in the industry. This will also prevent the likelihood of an extreme negative reaction, a lawsuit, or violence from the driver being fired.

Break the news in person:

One of the worst things you could do would be to terminate your driver through email or text message. An in-person meeting is more respectful to the driver and it allows you to break the news more gently which could prevent an extreme negative reaction. If your driver is on the road too much, or lives in a different state, try to arrange a video call so that you can deliver the news face to face. As a last resort, a personal phone call is better than doing it via email.

1. Begin the meeting with a clear statement of the decision to terminate and the reasons behind it. Avoid personal criticism and stick to discussing job-related performance and issues. 

2. Give the driver an opportunity to ask questions or express their concerns. It’s essential to listen attentively and address any questions or issues they raise. However, remain firm in your decision.

3. Clearly communicate the practical aspects of the termination, such as the last working day, final pay, and any benefits. Ensure they have the information needed to access their final paycheck and benefits.

4. If the driver has any company property, like a uniform or equipment, arrange for its return at the end of their final working day. If necessary, deactivate any access the driver has to company systems or premises to ensure security.

5. Thank the driver for the time and good work that they have invested in your company, wish them the best, and end the meeting.

Tip: If the driver becomes agitated try to diffuse the situation and not argue with them. And NEVER discuss potential litigation without a member of your legal team, or a lawyer present.

Bottom Line:

Although firing an employee can be a difficult procedure, done so with professionalism and courtesy can improve the working environment for the surviving employees. Remember that following proper procedures and treating the driver with dignity and respect will help mitigate the emotional and practical challenges associated with firing a truck driver.

Written by Tessa Braybrook

Tessa joined Superior Trucking Payroll Service in September 2022. She loves to write and make videos which made her a great asset to the team in her marketing position. 

Before working at Superior Trucking Payroll Service she worked in IT at GVSU which gave her the skills to problem-solve with customers over the phone. 

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