Forced to Run Over Hours of Service
Discussion in 'Experienced Truckers' Advice' started by cdsred, May 5, 2010.
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Sounds like a ripoff outfit through and through. If it's their truck, and you're not leasing, it's my understanding that you are not an independent contractor. If they are not maintaining copies of your logs for DOT audit purposes, it sounds to me like they would be closing up shop when the DOT man pulls into the parking lot. And probably re-opening two days later under a different name. Run and never look back. -
I would without a doubt refuse the load to keep my record clean. You do have an option. You can go to the FMCSA and report them and you are protected. But you'll have to have a good lawyer that knows trucking laws to keep your job or get it back WHEN they fire you. But you should look into the future and decide if you want to move up into a better paying job. You'll need a clean record for that and you should also be aware that the company will most likely try to trash your record with anything they can get away with.
We had a driver that went to the state police and toild them he thought our trucks were being run unsafely. The boss fired him. 18 months later this driver comes back with all his back pay and picks up right where he left off. There was a big investigation and just about all of us drivers said he was wrong because the trucks were being taking care of and he just didn't like the mech. But he was protected under law and the company brought him back.The Challenger Thanks this. -
I would also think that if you're getting a 1099 then you are going to get bent if you have an accident! I would also hope you kept copies of every piece of paper that went through your hands! Are they giving you a 1099 or a w-2 ? Did they pay your taxes or not? Can you claim the truck and all the "fleeceable" stuff on your taxes? Or are you making like $.50 cents a mile or paid under the table? Did you sign some kind of contract when you hired on or are you're being used? Me..I'd be running for the hills as fast as my stubby legs could take me! Heck if you did sign some forms and they weren't explained to you send a copy to either a lawyer of your choice or to OOIDA and find out where your legal problems could start in case of anything bad happening to you! CYA dude!
Who is this company and where are they located. I think I'd be gone before DOT comes a knocking!
Oh Keep all of the copies of the logsas you need them as proof of your per diem you should have put on your taxes.simplyred1962 Thanks this. -
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Find another job ASAP, then once you are sure you have the job, call the DOT and the IRS on them!
The Challenger Thanks this. -
Somehow and I can't be for sure but sound's like a company out of Tenn. that used to be under the name Go-Trans. Not sure what it is now. Lot's of legal problems with them and the owner has been in prison for fraud once before that I know of. It's been something like 3-4 year's sense my step dad worked for them and they still never paid him along with some other driver's here on the board.
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Run fast before the IRS gets to them and they hang you out to dry.
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The best way to not run your truck over your Hours of Service is to say NO ! Remember this, you didn't say how long you have been driving, but I can PROMISE you that the " my dispatch MADE me do it" cuts no ice with the DOT. Your company will NOT support you if you were to have an accident, get "feathered" at the coops, or stopped on the side of a highway for a spot inspecion. You will be left on your own to defend the position that you had no choice. You do !!! It is your CDL and you and only you can make the correct decision ! Tell your dispatch you are out of hours, period. You will call him to accept a load when your 10 hours are up. Period !Be safe
Storm
Storm
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