DOT medical card to be returned to employer if quit

Discussion in 'Trucking Industry Regulations' started by twowolves, Aug 11, 2010.

  1. walleye

    walleye Road Train Member

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    Call the Wisconsin Dept. of Labor,...

    I can't see how it is legal,...

    They may have payed for the exam,...However the medical card should be considered a personal medical record,....
     
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  3. Injun

    Injun Road Train Member

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    Prime didn't make a copy, and they didn't demand it back either.

    I can see it if you worked there for a couple weeks then quit...makes it look like you went there to get the card. But if you've been there a while....well, I just don't see it.
     
  4. Powder Joints

    Powder Joints Subjective Prognosticator

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    I don't know the game this is, no its yours not theres. Call a Labor Attorney.
     
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  5. mizdageeragn

    mizdageeragn Medium Load Member

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    It is illegal for any company to hold someone's check as ransom. The medical information on the long form and the card is yours. They do have the right to see it and make a copy for their records. Without getting involved with a lawyer send them a certified letter so that you get a signed receipt when they receive it. Let them know you are enclosing a copy of your records to them that they SHOULD already have, the originals are your property, and nicely let them know you intend to start legal proceedings if they are not forth coming with your check or deposit at the normal time in their business cycle. Mark the heading of the letter cc: to NLRB, National Labor Relations Board, State of Wisconsin States Attorney and whatever court is located in the county where they are located. Make sure you send those extra letters and copies by US mail(doesn't have to be certified to the cc).. Note in the letter they have 5 days from the date of the receipt or the normal pay time to comply which ever comes Last or you will be forced to take action.. Thank them for their cooperation and time and see what happens. Good Luck. Next step is a lawyer if necessary.
    ps include your name, SS#,address,home phone,truck number, and employee number and if possible the amount you estimate the payment should be.
     
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  6. GPSTrucker

    GPSTrucker Light Load Member

    1. They can't legally hold your check. If they do, talk to a lawyer. They can usually do a written demand letter, with a threat to sue, for a reasonable fee.

    2. The medical card and long form are your property regardless of who paid for the physical. They can't demand it back as it doesn't belong to them. The worst they can do is demand to be repaid for the physical itself.
     
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  7. DonRobbie

    DonRobbie Medium Load Member

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    Find a good copy shop, get a nice double sided copy, color if need be. Turn it in along with all your other company stuff in one pile.
     
  8. old-six-pack

    old-six-pack Heavy Load Member

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    make a copy duhhhhhhhhh:biggrin_25522:
     
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  9. Gears

    Gears Trucker Forum STAFF - Gone, But Not Forgotten.

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    They want it because the probably realized they don't have a copy of it in their files. They're supposed to have both. You keep the card, they can have a copy.
     
  10. Roadmedic

    Roadmedic Road Train Member

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    The answer is no.
     
  11. Mike_MD

    Mike_MD Medium Load Member

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    Hmmmm I see the truck stop attorney is alive and well. :biggrin_25523:

    If the carrier paid for the DOT medical it's theirs.

    I'd check the carrier's company policy that I'm sure you signed for. If the company policy informs you all company property must be returned or the last pay check will not be issued and you signed for the company policy then you have been informed of and agreed to having pay withheld until you returned the company's property.

    The DOT is working on issues related to HIPA rules and carriers having access to the DOT long form; however, as of today the carrier may acquire the DOT ling form if they paid for it.

    The DOT medical cost $60 (I paid for my DOT medical to acquire my CDL). Your next employer may or may not accept the DOT physical you had before they hired you.

    I invite anyone to provide a link to a web site or the public law that backs up their claim it's illegal for the carrier to repossess the DOT medical. :biggrin_255:

    Attorneys usually charge $100 for consultation. Seems like a no brainer to me...

    Give them back their card.

    Be safe.
     
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