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  1. #21
    Honorary Supporter Roadmedic's Avatar
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    Quote Originally Posted by Mike_MD View Post
    Hmmmm I see the truck stop attorney is alive and well.

    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.

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

    Give them back their card.

    Be safe.
    Might be your opinion. But the driver can make a copy and go on without giving it. All the company is trying to do is be a pain.

    Show me a link that says they can do it. You will have the same problem.

    Think about this for a minute. They paid for the hazmat and the twic maybe. You leave, they want them back. Using your twisted logic, the driver should give them back.

  2. #22
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    Quote Originally Posted by Roadmedic View Post
    Might be your opinion. But the driver can make a copy and go on without giving it. All the company is trying to do is be a pain.

    Show me a link that says they can do it. You will have the same problem.
    Most rules prohibit activities, I don't know of very many rules that indicate an activity is allowed.

    Think about this for a minute. They paid for the hazmat and the twic maybe. You leave, they want them back. Using your twisted logic, the driver should give them back.
    With the exception of the government I cannot think of may carriers that pay for a HM and TWIC; however, I'm sure that there are some that do. For those that do pay I'm sure there's company policies that inform the driver of retention related issues and the consequences for departing the company early, i.e. drivers that quit within three months of obtaining theor company paid HM endorsement or TWIC will reimburse the company for the incurred cost.

    As mentioned before, please provide a link indiating it's illegal. Without something to substaniate your claim it all hot air.

    Be safe.

  3. #23
    Honorary Supporter Roadmedic's Avatar
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    Quote Originally Posted by Mike_MD View Post
    Most rules prohibit activities, I don't know of very many rules that indicate an activity is allowed.



    With the exception of the government I cannot think of may carriers that pay for a HM and TWIC; however, I'm sure that there are some that do. For those that do pay I'm sure there's company policies that inform the driver of retention related issues and the consequences for departing the company early, i.e. drivers that quit within three months of obtaining theor company paid HM endorsement or TWIC will reimburse the company for the incurred cost.

    As mentioned before, please provide a link indiating it's illegal. Without something to substaniate your claim it all hot air.

    Be safe.
    I will state I worded it to tersely as to legality. However, there still is nothing to state that they have the right either.

    However, I had a copy say I had to return it. Still have it until it expired. They were just trying to be a pain.

    I always keep two copies of my long form and the medical card in two places on the truck and one at home.

    I would really have no problem providing it to them, but it is not the point.

    They are required under to the law to comply with the FMCSA rules, just as the driver is. Some states require the long form as well for the driver. They should have a copy in their file, so it is just for aggravation.

  4. #24
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    Quote Originally Posted by Roadmedic View Post
    I will state I worded it to tersely as to legality. However, there still is nothing to state that they have the right either.

    However, I had a copy say I had to return it. Still have it until it expired. They were just trying to be a pain.

    I always keep two copies of my long form and the medical card in two places on the truck and one at home.

    I would really have no problem providing it to them, but it is not the point.

    They are required under to the law to comply with the FMCSA rules, just as the driver is. Some states require the long form as well for the driver. They should have a copy in their file, so it is just for aggravation.
    The FMCSR does not cover whether the employee has a right to retain the med cert or long form. The FMCSR simply states the driver must have a current med cert and it must be in their possession while operating a CMV.

    A check of WI labor laws reveals the following:


    103.37 Certain requirements to obtaining employment prohibited.

    (1m)
    In this section:

    (a) "Employee" means a person who may be permitted, required or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any employment.

    (b) "Employer" means an individual, partnership, association, corporation, Limited Liability Company, legal representative, trustee, receiver, trustee in bankruptcy, or any common carrier by rail, motor, water, or air doing business in or operating within the
    state.

    (2m)
    No employer may require any employee or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment.

    (4)
    Any employer who violates this section may be fined not more than $100 for each violation. The department shall enforce this section.

    History:
    1977 c. 29 ss. 1034, 1035, 1654 (9) (a); 1977 c. 418; 1983 a. 189 ss. 155, 329 (4); 1993 a. 112; 1997 a. 253.
    The state, its political subdivisions, and the counties are not employers under this section. 69 Atty. Gen. 103.


    Since the employer is following the FMCSR by having the driver have a medical then the rule does not apply; whereas, it's not the employer's requirement it's a FMCSR requirement.

    If the driver desires to pursue the issue here are the instructions from WI:

    Who May File a Wage Claim

    Employees have the right to file a wage claim with the Equal Rights Division if there is a dispute with the employer in the amount of wages owed, or if an employer fails to pay the wages agreed upon for the time actually worked. If the employer refuses to pay wages earned on the regular established payday, the employee should request payment. If the employee doesn't receive the payment after 6 days, the employee may file a claim, using the Labor Standards Complaint Form, with the Division within 2 years of the date earned. Once a claim is filed, the department will seek to resolve the matter with the employer.

    The Division may take action on the following types of wage claims:

    Salaries, Commissions, Holiday Pay, Vacation Pay, Severance Pay, Dismissal Pay, Bonuses, Illegal Deductions, supplemental unemployment compensation benefits when required under a binding collective bargaining agreement, other similar advantages agreed upon between the employer and the employee, other similar advantages provided by the employer to his employees as an established policy.

    Union members who wish to file wage claims will be advised by the department to file their claims with their local union representatives.
    I'm sure the issue should be resolved in about three months. Of course since the driver is involved in interstate commerce there's a high probability that WI labor laws will not apply as most labor boards are restricted to intrastate commerce.

    Be safe.


  5. #25
    Master FMCSA Interpreter GasHauler's Avatar
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    I have never been asked for my medical card or records before. But why go through all the headaches when all you have to do is make a copy?

  6. #26
    Medium Load Member mizdageeragn's Avatar
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    No where on the long form or the card is the company mentioned. The person performing the physical and the person described in the physical are the only two names mentioned. The Physical that is referred to by those two pieces of paper is the PRIVATE information of the person the physical refers to. It belongs to that person. The proof of taking the physical is the card and it belongs to the person that it was issued to by the physician. The federal government allows the carrier to have a copy of both for the employees PERSONAL records that are kept on file by the carrier.

    Secondly it is illegal for an employer to hold anyone's pay. I've been in management and before two different judges. We wanted the former employee to return his rental uniforms before issuing him his final paycheck. BAD idea...the judge ordered us to issue his paycheck that day, fined the company twice the amount of his check and we had to pay court costs and his lawyer. The second time, different company, the person had put about $600 of damage on one of our company cars. The office manager had deducted the repair costs from his check and he refused to accept the "incorrect" payroll check. 2 weeks later we are in court and the judge told the company they must issue the correct payroll check that day since it was already two leeks late. The judge did warn the person that he would have to pay for the damages but he also severely warned the office manager not to ever try that again! He quoted her the law, gave her a copy of it and warned her that she should have known better since no change to the law had been made in over 40 years! Sorry I can't quote the law number etc. but having been there I can assure you it happened.

  7. #27
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    Quote Originally Posted by Injun View Post
    I've never heard of that before. Even Swift doesn't do that. Who's the company? I think that medical stuff is your property. Call your state labor department...

    NO.....they can not do that...that is your cert card....even though they paid for physical, they according to DOT regs...can only have a copy of the card......

  8. #28
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    Quote Originally Posted by mizdageeragn View Post
    No where on the long form or the card is the company mentioned. The person performing the physical and the person described in the physical are the only two names mentioned. The Physical that is referred to by those two pieces of paper is the PRIVATE information of the person the physical refers to. It belongs to that person. The proof of taking the physical is the card and it belongs to the person that it was issued to by the physician. The federal government allows the carrier to have a copy of both for the employees PERSONAL records that are kept on file by the carrier.
    So please explain why some drivers never receive the long form? I've reviewed several companies where the carrier keeps the long form, all the driver receives is the DOT med cert.

    Secondly it is illegal for an employer to hold anyone's pay. I've been in management and before two different judges. We wanted the former employee to return his rental uniforms before issuing him his final paycheck. BAD idea...the judge ordered us to issue his paycheck that day, fined the company twice the amount of his check and we had to pay court costs and his lawyer. The second time, different company, the person had put about $600 of damage on one of our company cars. The office manager had deducted the repair costs from his check and he refused to accept the "incorrect" payroll check. 2 weeks later we are in court and the judge told the company they must issue the correct payroll check that day since it was already two leeks late. The judge did warn the person that he would have to pay for the damages but he also severely warned the office manager not to ever try that again! He quoted her the law, gave her a copy of it and warned her that she should have known better since no change to the law had been made in over 40 years! Sorry I can't quote the law number etc. but having been there I can assure you it happened.
    If you sign a release indicating the company may deduct pay for any damages then the carrier may deduct the pay. Many carriers are making this part of their driver packet that drivers sign for when hired.

    Drivers are encouraged to read the company policy carefully, if there's language in the policy that your final pay maybe with held until all property is returned and all requried DOT documents are turned in before your final check is issued then it's legal for the carrier to keep the pay; whereas, you signed the consent form.

    Shaydot101:

    NO.....they can not do that...that is your cert card....even though they paid for physical, they according to DOT regs...can only have a copy of the card......
    The FMCSR requires the carrier to keep a copy of the med cert in the DQ file. The FMCSR does not limit the carrier to what they may or may not keep.

    Be safe.

  9. #29
    Bobtail Member billygoatee's Avatar
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    Quote Originally Posted by Mike_MD View Post
    So please explain why some drivers never receive the long form? I've reviewed several companies where the carrier keeps the long form, all the driver receives is the DOT med cert.



    If you sign a release indicating the company may deduct pay for any damages then the carrier may deduct the pay. Many carriers are making this part of their driver packet that drivers sign for when hired.

    Drivers are encouraged to read the company policy carefully, if there's language in the policy that your final pay maybe with held until all property is returned and all requried DOT documents are turned in before your final check is issued then it's legal for the carrier to keep the pay; whereas, you signed the consent form.

    Shaydot101:



    The FMCSR requires the carrier to keep a copy of the med cert in the DQ file. The FMCSR does not limit the carrier to what they may or may not keep.

    Be safe.
    WHAT A MESS HE STARTED OVER A STINKING MEDICAL CARD..WHAT DOES YOUR EMPLOYER HOLD OUT OF THAT LAST CHECK (IF YOU ACTUALLY GET 1) FOR THE CARD N E WAYS? OH WELL CARRY ON & ON & ON & ON &ON &&&&&ononononon..

  10. #30
    Medium Load Member JimDucan's Avatar
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    Mike_MD is quite clueless. Don't listen to his gibberish.

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