Well, I still don't know if it's legal. I talked to the labor board and they don't believe it is. However, they can only go after him for min wage which is 5.85 in this state. My check was over 1,000.00. I need my money dammit! I worked for it!

Well, thanks anyway for your imput. I guess I'm just going to have to hire a lawyer and find out.


See ya! hunternsc

I know that you are not going to like this at all. Just from my experience, when operating a company vehicle that you have control over the aspects of you are respnosible. Meaning of course we know moving but for CDL operators we have the responsibility for weight/over on our shoulders. Most courts will not lean on the side of the driver in this type of case because the company does not have the knowledge or control of the truck being within wt or not. You do.

Attempting to go after your money is an option, advice for this is you must speak to an employment lawyer with exper. in trucking. They are the only ones that can help you. Don't expect to get this resolved soon even if you do get a lawyer.

I know how it feels about wanting and especially needing your money. That is why it is important to handle work everyday so that you CYOA.

How far apart were the tickets? How far over weight were you?

__________________
Fair Exchange Is No Robbery

"Leonard was the kind of ######### that gave Nazis a bad name."
"My greatest fear is that this world will eventually be overrun. Overrun by midgets. Evil, soul-less, albino midgets. God help us."

So, the fines were about $1,000 or more, but they can get only your last paycheck which totaled $1,000 ? You can not afford to hire a lawyer, considering the sum involved.

Furthermore, it is common for the carrier to pay the fine, get the truck back on the road, and take the weigh ticket out of the driver's check later, even if they have to take it in installments. Many carriers have an employee handbook that explains this. This happened to me. I could have paid cash for the weight ticket and been out of there in 30 minutes. The carrier insisted that I wait for a money order from the home office, but they took it out of my check later. In other weight violations where I paid cash, I was reimbursed because the violation was caused by or permitted by management.

How do drivers get overweight tickets in the first place? Answer- they do not do their job and make sure they are legal for All states they drive thru on a load. Why do drivers think that the company should pay for something they did of their own free will. Answer, beats me.

I have yet to work for a company that did not stipulate that ALL tickets issued to a driver where the responsibility of the driver to pay. Or have I worked for a company that did not reimburse scale tickets.

It does not matter what Joe blow at xyz trucking told you to do. federal and state laws first, then company policy's and what they say.

If you have no wavier of liability on the overweight fine, then you have no case.

And you can't quit after they paid the fine to get you rolling and think they won't take it out of your pay. Should of stayed and paid off the debt in installments instead of all at once by quiting.

I'm a responsible driver who checks weights and makes sure everything is ok before I roll, if possible. I don't know what world you drive in but I've picked up heavy loads before where the customer had no scales and the nearest truckstop with cat scales was 100 miles away. Sometimes 100 miles away with a set of coops in between... That being the case all I have to do is call the company let them know the deal, and all is well, they will pay the ticket get on your way... no big deal.... One time I swapped loads with a driver who was in that situation. He got a ticket in VA, which the company paid, and then I got one down in TN that they paid... this was on a load that was not loaded properly and could not be scaled out at all scrap aluminum. To eyeball it you would never guess but the scales didn't lie..

As far as the driver where the compnay took money out of his check after he quit. Did you give the company 1 or 2 week notice (whatever their policy is) before you quit? If I quit my company without giving 2 weeks notice $400 will be missing from my last paycheck. That was in the fine print when I signed on...

OUCH..................................!:biggrin_25 56:

Overweights are issued to the company, they will always pay them, otherwise they lose their operating authority. Your name may appear on the ticket, but the company is ultimately responsible.

Maybe in your state, but not here in the Peoples' Republic of Maryland. Overweight tickets are written TO THE DRIVER here. Oh, the company can pay it if they feel so inclined, but they are always free to say "screw you".

__________________
Z-Lady's devoted hubby.