STAA Truck Driver Retaliation Attorney in Texas | Surface Transportation Assistance Act

If you were fired or disciplined for refusing to drive an unsafe truck, refusing to violate hours-of-service rules, or reporting safety violations, you may have a retaliation claim under the Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105. Congress passed the STAA because highway safety depends on drivers who can say no without losing their jobs. With 28 years of experience, employment attorney Jack Nichols represents truck drivers and transportation workers throughout Austin, Houston, San Antonio, and all of Texas. Call (512) 595-1269 for a free confidential consultation.

What Is STAA Whistleblower Retaliation?

The STAA makes it illegal for a motor carrier to retaliate against a driver, mechanic, or freight handler because the employee:

• Reported a violation of commercial motor vehicle safety or security regulations — to the employer or the government
• Refused to operate a vehicle when doing so would violate federal safety regulations, including hours-of-service limits
• Refused to drive because of a reasonable fear of serious injury from the vehicle’s unsafe condition
• Reported defective equipment such as bad brakes, tires, or lights
• Refused to falsify driver logs or ELD records
• Cooperated with a safety or security investigation, or accurately reported hours on duty

Internal complaints count. A driver who tells dispatch a truck is unsafe or refuses to run past hours is engaged in protected activity — you do not have to call FMCSA or OSHA first.

Who Is Protected Under the STAA?

The STAA covers drivers of commercial motor vehicles, mechanics, freight handlers, and others who directly affect commercial motor vehicle safety in the course of their work. It applies to for-hire and private carriers alike, regardless of company size or union status. Many owner-operators leased to a carrier also qualify as employees for STAA purposes.

STAA Retaliation Across Texas — Austin, Houston, San Antonio, and Beyond

Texas moves more truck freight than any other state, and the pressure that creates is exactly where STAA violations happen. Our firm handles claims from drivers throughout:

• Austin and Central Texas: Regional and LTL drivers on the I-35 corridor pressured to run past hours; construction and aggregate haulers told to run overweight or defective equipment; Travis, Williamson, and Hays county drivers
• Houston and the Gulf Coast: Port of Houston drayage drivers pushed to falsify logs; petrochemical and tanker drivers disciplined for refusing unsafe loads; Harris, Fort Bend, Brazoria, and Galveston county transportation workers
• San Antonio and South Texas: Cross-border and Laredo-corridor freight drivers; Eagle Ford Shale oilfield haulers pressured to drive fatigued; Bexar, Comal, and Guadalupe county drivers
• North, East, and West Texas: DFW Metroplex regional and national fleet drivers; Permian Basin oilfield trucking; agricultural and timber haulers across rural Texas

What STAA Retaliation Looks Like in Texas Trucking

• Termination — often papered as "abandonment" or "performance" after a refusal to drive
• Sudden drop in dispatched miles, routes, or loads after a safety complaint
• Suspension, demotion, or forced unpaid time off
• Negative DAC/HireRight reports and blacklisting that follow you to the next carrier
• Threats, harassment, or write-ups for refusing to falsify logs

Filing Deadlines for Texas STAA Retaliation Claims

STAA complaints are filed with OSHA, which investigates and can order relief — including preliminary reinstatement while the case proceeds. You must file within:

• 180 days — from the retaliatory action to file a complaint with OSHA

If the Department of Labor does not issue a final decision within 210 days, you may take your case to federal district court and try it to a jury. Missing the 180-day window can end the claim before it starts, so contact a Texas STAA attorney immediately.

What Damages Can a Texas Driver Recover for STAA Retaliation?

• Reinstatement with the same pay, terms, and privileges
• Back pay with interest
• Compensatory damages, including emotional distress and damage to your professional reputation
• Punitive damages of up to $250,000 in appropriate cases
• Attorney’s fees and litigation costs

Frequently Asked Questions — Texas STAA Truck Driver Retaliation

I refused to drive because I was out of hours and exhausted, and my Texas carrier fired me for "abandonment." Do I have a claim?

Very possibly. Refusing to drive when doing so would violate hours-of-service rules — or when fatigue creates a reasonable fear of serious injury — is protected activity under the STAA. Carriers frequently recast protected refusals as job abandonment; the timing and dispatch records often tell the real story.

My carrier put a negative mark on my DAC report after I complained about equipment. Is that STAA retaliation?

It can be. Blacklisting and negative employment references given because of protected activity violate the STAA, and they are often the most damaging retaliation a driver faces because they follow you to every future carrier.

I only complained to my dispatcher, never to the government. Am I still protected in Texas?

Yes. Internal complaints to dispatch or management about safety violations are protected. You do not have to contact FMCSA or OSHA before your rights attach — but you must file your OSHA retaliation complaint within 180 days of the adverse action.

Why Choose The Law Office of Jack Quentin Nichols, PLLC, as Your Texas STAA Retaliation Attorney

• 28 years experience
• Former attorney at the Texas Attorney General’s Office / Texas Workforce Commission
• Licensed in all four U.S. District Courts in Texas — Western (Austin and San Antonio Divisions), Southern (Houston Division), Northern, and Eastern Districts
• Member: State Bar of Texas Labor & Employment Section; Texas Employment Lawyers Association (TELA)
• Contingency fee basis — no fee unless we win
• Representing employees in Austin, Houston, San Antonio, Dallas, Fort Worth, El Paso, Lubbock, Midland, Corpus Christi, McAllen, Laredo, and all of Texas