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Old 09.14.2007
Bobtail Member
 
Last Seen: 10.29.2007 04.51 PM
Member Since: Sep 2007
Location: tulsa,ok
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last paycheck

I started with this company 8/7/07 .The first trk. they gave me was a 97 freightliner century. The nastiest trk. i've ever seen let alone had to drive. nothing worked in it .mirrors were once electric but,no longer moved . I even tried to push them . parking brakes didn't work. you would set them and the trk still rolled. well, irequested another trk but they said that's all they had. being out of work for a month i drove it for 2 wks. went home and got a different trk. nasty as the first. no turn signals, engine blew in az. 3rd trk they towed to me in az. was 97 freightliner nasty as the others.The air went out an hour after I had it in Phoenix 110 degrees I told them about it and they said I would have to wait to get back to shop to get it fixed. Also , that it would be cooler if i was moving not sitting still! I ran until i got thru blythe ,ca. and got sick. I thought it could be a fuse but I replaced it in phoenix it wasn't. anyway,Ithe thing came on suddenly as it went out. wiring was bad, turn on light c.b came on. the trk ran out of fuel twice. both times it still had 50 gal in tank. When I got back to yd . I let them have it. I even threatened with dot for unsafe equipment.The next day, they said they were going to check trk out but never did. I was told I would have to team.they knew I didn't want to. I told them they would have to fire me cause i wasn't teaming. they said clean out my trk. wasn't I supposed to get paid right then?
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  ^ Top   #2  
Old 09.14.2007
Pete_379X's Avatar
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Last Seen: 10.15.2008 05.43 AM
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Location: Arkansas
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Have they not paid you anything since you started?
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Old 09.14.2007
MIA (Banned or Retired)
 
Last Seen: 10.19.2008 12.40 AM
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Location: Cincinnati, slOhio
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First things first.

I'm suggesting you start a Whistleblower case against the company for being fired for engaging in a protected activity, namely, not agreeing to take anymore of their trucks because none of the ones they presented you were safe on the road.

It is illegal for them to fire you for refusing to take their crappy, unsafe equipment on the road.
Even if they say you quit, it doesn't matter.
The courts don't put a lot of emphasis on that aspect of it.

I would begin by saying that you should write down every detail no mater how small or insignificant it seems regarding the defects of the trucks you were given.

Try to recall as best you can the conversations you had with the company.
If it was thru qualcom or other written means, so much the better.

Try to recall or obtain any written docs as far as repair bills & where, anything written up for repair work orders & your pre/post trip reports.

Next, I would take all that to an attorney specializing in "Whistleblower protection" laws.
I can give you the name of possibly the best one if you email me.
I believe he takes these cases on a contingency basis.
If you don't win, he doesn't get paid.

You may find that the process is long term. However, don't be discouraged, it is rewarding in the end.

You have a limited time in which to begin the case & the sooner you do it, the better it is for you.

In the meantime, you can probably collect unemployment.
You will need to find some kind of job in the meantime to satisfy some part of the protection act.
Plus, it gives the court a means to decide how much your award could be.

Get the advice of an attorney who specializes in this type of law before doing anything on your own.
The attorney will tell you what to do next.

As far as the paycheck, I'd say it's customary to wait till the usual pay period is over but it could be different in your state.

Best of luck. Do the next guy a favor & push these people. Don't let them get away with this.

As a PS., if this company subscribes to DAC/USIS, they are probably going to put a nasty mark next to your name & that will cause you trouble in the future.

This alone should be enough incentive to take these people to task for abusing you.
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Old 09.14.2007
Bobtail Member
 
Last Seen: 10.29.2007 04.51 PM
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bob

this thing won't let me email you for some reason . something about 50 posts whatever. would like attorneys number /name thx
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Old 12.22.2007
MIA (Banned or Retired)
 
Last Seen: 06.06.2008 12.01 PM
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Location: Fort Worth, Texas
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I left got canned what ever this
company refused to repair this equipment. I refused to drive it. Anyway I did file with
the DOT. But I still am unemployed. 25 years experience No booze NO DRUGS NO TICKETS NO
wrecks.doubles triples.
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  ^ Top   #6  
Old 12.22.2007
MIA (Banned or Retired)
 
Last Seen: 01.19.2008 07.06 PM
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with 25 yrs exp you should have no problem finding work. middle of jan to the middle of feb you should be able to find work. good luck
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Old 10.18.2008
Medium Load Member
 
Last Seen: 1 Hour Ago 08.34 AM
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Location: Moline, Illinois
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Sounds like you did a lousy pre-trip on the first one. The rules at 392.7 should have told you that you were supposed to ensure the vehicle was in safe operating condition before driving it (it's call a pre-trip inspection). Then, 396.11 states that safety defects you write up on the vehicle inspection report (usually on the reverse side of your log) which you completed at the end of your working day pursuant to the rules; then those defects must be repaired before you drive the vehicle again. Those rules are there for your protection so you don't end up in jail for killing someone. Why did you use it to begin with. You endangered yourself, and everyone else on the highways you traveled.

From a retired federal DOT official
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Old 10.18.2008
Medium Load Member
 
Last Seen: 1 Hour Ago 08.34 AM
Member Since: Oct 2008
Location: Moline, Illinois
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TO BOBC. She admitted she drove the first one. Once she drove it she as much as admitted she didn't do her job i.e. pre-trip etc.. Therefore she has no recourse.
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Old 10.18.2008
Roadmedic's Avatar
"Jump Start"
 
Member Since: Apr 2007
Location: Illinois
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Quote:
Originally Posted by psanderson View Post
TO BOBC. She admitted she drove the first one. Once she drove it she as much as admitted she didn't do her job i.e. pre-trip etc.. Therefore she has no recourse.

That is not 100% true.
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  ^ Top   #10  
Old 10.20.2008
Medium Load Member
 
Last Seen: 1 Hour Ago 08.34 AM
Member Since: Oct 2008
Location: Moline, Illinois
Trucker? 26 Years
Age: 63
Posts: 325
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Quote:
Originally Posted by tammytell View Post
I started with this company 8/7/07 .The first trk. they gave me was a 97 freightliner century. The nastiest trk. i've ever seen let alone had to drive. nothing worked in it .mirrors were once electric but,no longer moved . I even tried to push them . parking brakes didn't work. you would set them and the trk still rolled. well, irequested another trk but they said that's all they had. being out of work for a month i drove it for 2 wks. went home and got a different trk. nasty as the first. no turn signals, engine blew in az. 3rd trk they towed to me in az. was 97 freightliner nasty as the others.The air went out an hour after I had it in Phoenix 110 degrees I told them about it and they said I would have to wait to get back to shop to get it fixed. Also , that it would be cooler if i was moving not sitting still! I ran until i got thru blythe ,ca. and got sick. I thought it could be a fuse but I replaced it in phoenix it wasn't. anyway,Ithe thing came on suddenly as it went out. wiring was bad, turn on light c.b came on. the trk ran out of fuel twice. both times it still had 50 gal in tank. When I got back to yd . I let them have it. I even threatened with dot for unsafe equipment.The next day, they said they were going to check trk out but never did. I was told I would have to team.they knew I didn't want to. I told them they would have to fire me cause i wasn't teaming. they said clean out my trk. wasn't I supposed to get paid right then?

ROADMEDIC: Please read the highlighted and underlined above above. She should have refused the vehicle, and reported same to the FMCSA, or a state cop. Then if she was fired she had a legitimate lawsuit for improper termination. She would have been in compliance with the rules, but the company fired her for this. It is illegal for a carrier to do that. There is however a 6-month statute of limitations (memory serve) for her to initiate the complaint/lawsuit.
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