Two drivers have won a lawsuit against their previous employer, awarding them $300,000 and a return to their old jobs. Both drivers had been fired after refusing to drive unsafe vehicles that were not displaying the proper information.
The lawsuit was filed against Star Air, Inc and its owner Robert R. Custer by the U.S. Department of Labor, which said that the terminations violated whistleblower protections afforded by the 1982 Surface Transportation Assistance Act.
One driver was pulled over when his truck was not displaying the name of the company, its home base, or its DOT number. The driver was also hauling an over-weight load and didn’t have a proper log-book. The driver told a fellow coworker about the incident who confirmed that he too was driving a truck that didn’t display the proper information. When they confronted their boss about it and refused to drive until the situation was remedied, both were fired.
“No truck driver should be forced to drive while tired, sick or in violation of truck weight or hours-of-service requirements,” said David Michaels, assistant Secretary of Labor. “OSHA will continue to defend America’s truck drivers against unscrupulous employers who unlawfully retaliate against drivers who assert their right to drive safely.”
The judge’s ruling specifies that the $300,000 be paid by Star Air, Inc, it’s owner, and the successor company, Akron Reserve Ammunition; a move which indicates that the owner may have tried to shut down his previous company and re-open under a new name when he encountered legal trouble.
Next Story: Reports Confirm Drivers Paid Less, More Fatigued Due To HOS Changes
Source: overdrive
Well….”this is news”…this happens in most trucking companies…doesn’t it.
A new guy comes into the company….is given a truck with a cab that’s leaks water inside the cab…has “short-outs” in the electrical, and marginal heat. It might have new “sneakers” to look good…but nothing else works.
I can understand ‘leveraging one’s’ equipment, but not at the peril of it’s newest and most vulnerable drivers.
This is why I do not drive any longer…..it’s denied, avoided and abusive…this is what Roehl did to me…and other companies do it too.
Where did you read that these were new drivers?
So do we have to nitpick C Zales? The man has a point.
I’m disinclined to believe Roehl did anything like that to you. I drove for them for a couple of years and they were always a great company. The only reason I moved on was I got too tired of all the east coast stuff. And, for the record, the truck they assigned me when I got out of orientation was a brand new International. Had only a couple hundred miles, or so, on the odometer.
I drove for them for 2 years. I left there due to management handholding. When I started, it was prior to them getting the internationals. I had a 2006 freightliner that leaked. When it ‘expired’ (it was costing more in the shop than what it was making in revenue), they gave me a 2007. While ‘newer’, it had more miles on it, and more electrical problems. It did leak water (pass rear corner of the sleeper). At the time, they were giving the new Internationals to the new students. I watched more new trucks get crunched from inexperienced drivers. When I complained, they didn’t do anything. Eventually, my 2007 got old, they gave me a 2012 int. Rode better, was quieter, didn’t leak, but the engine sucked and was in the shop every month for something. I left when the bunk heater died and they wouldn’t let me idle the truck. In January. In Wisconsin. Yet the shop “couldn’t recreate the problem”. I called the unsafe card (hypothermia anyone?), and left. Got my magic 2 years, and now run LTL. Make twice as much with less hours, and I sleep in hotels or at home. If the daycab is broke, I grab a different truck. Slipseating sucks, but I’m never waiting for maintenance.
I want the Names of these Lawyers I have a case against SLT email me: [email protected]
Dept of Labor, a govt agency where you file complaints of certain types against your employer.
I see there is no mention of fault placed on the driver himself. He had log book violations and an overweight load, completely the drivers responsibility, and let’s not also forget they also have a personal and legal responsibility NOT to drive an improperly marked vehicle, and they DO know what constitutes proper markings.
I’m not saying the owner was wrong, he was, absolutely. I am just tired of people never taking ANY personal responsibility. How long were they driving improperly marked and overweight trucks, the whole time they worked there more than likely. Then you get caught by the DOT, and NOW it’s time to complain.
The time to report bad companies is BEFORE you get caught. Stand up for whats right from the beggining. Take your responsibilities seriously, and do what your supposed to. If it’s unsafe, don’t drive, if it’s overweight, adjust your tandems or get it reloaded, permits out of date, you need new ones, crappy log book rules have you out of hours, don’t drive, crappy trucking company, go find a new one.
I am the wife, daughter, granddaughter and neice of a whole family of OTR drivers, I get it, but I also have seen them all sitting at a shipper for hours getting reloaded, refusing to drive because their log books had them backed into a corner, and standing at the permit desk until they got the correct permits. Should they have been fired for complaining, absolutely not, but were they additional reasons to be used against at least one of them as an excuse for fireing, yep!
Victoria U may know a little but in the life of a driver u gotta give in and walk the wire so to speak to get a job as a driver and make a living. There is NOT a single company out there that plays by the rules. NOT ONE, sooo in our line of work, if u wanna make a living, u have to break some of the rules right along with the companies in order to have a job! Maybe if the drivers weren’t so afraid of losing their jobs by reporting to OSHA these things could be fixed. And whoever said u can’t get fired by reporting is a liar. Tried it and guess what got fired. And couldn’t do a single thing bout it cause N.C. is a right to hire right to fire state. Meaning they can fire you for any reason and get away with it no questions asked.
Well said. I agree 100%. Where has personal responsibility for being Professional gone? Had they not been caught, I’m willing to bet they’d be out there just a cruising along.
well said, and true way beond your description.,: although I must point out that the Markings On a Truck Are Not a Safety Issue, Only a Regulatory Requirement for the Convenience of the DOT.,, and has been the center of debate over and over ?/ another example of that type of BS. ? / manufactures are required to place a tag holder and lite at the rear of tractor.! , try placing your plate there ?// I have- and have been harassed over that many times { without a ticket though,- as- Thats Where Its Supposed To Be By Law ! } funny how the cops focus on things that only benefit them,?
The sad part about this is they better hope that is enough money or find another line of work the reason I am saying this is the company that they was working for will put that on their D.A.C and as soon as the next company that they apply for will pull up their information and see that they won a lawsuit against their previous employer I have been in this business for a long time and I have seen it happen before
That of course, would be grounds for yet another lawsuit. But in the current industry, just about anyone will hire anybody to get the load delivered, so there is rarely any problem finding another trucking job.
I’m glad a driver finally got the law to stand by them. In 2009 I was involved in a slip and fall accident because of the weather conditions. I was in Iowa when they had that real bad snow storm and I unloaded a load of meat in Iowa at Affiliated Foods. I unloaded Dec 23 and sent in my empty call and was informed that there wasn’t any load available due to Christmas. I had to go to a near truckstop and sit till the nite of the 28 and was sent load info to pickup a load in Creaston, Iowa to go to Dodge City, Ks. Because of the neglect from the shipper and not clearing the ice on his property I slipped on the ice and injured my leg. I sent a message to my employer about the incident and the response I got back was to get that load to the plant in Dodge City, Ks. Due to the negligence of my employer I got 5 blood clots in my leg. When I got to the plant in Dodge City, Ks. I had to drop my loaded trailer and bobtail up to the front and then go to the hospital and then I was diagnosed with the blood clots. That was the end of my career as a driver because my Medical Card was taken away from me and the employer terminated me because I lost my qualification to drive. I had 40 yrs of my life taken away because of the refusal of the company to provide me the chance to go to the hospital right after the accident. To end this all I will tell you this most trucking companies have the attitude that any driver no matter how much experience they have can be replaced.
So, you’re blaming your employer for your not going to an Urgent care? Something is fishy here. The meat plant may have been negligent, don’t know, wasn’t there. But you are responsible for your own health. You should have seen to it that care was taken.
Agreed. The truck still will drive to the hospital even if the company says to take the freight. My health comes WAY above the freight.
If they call the cops to report a stolen truck, you’ll have a nice escort to the hospital. (and I’m sure a lawyer will have a field day suing the company for firing you for load refusal. No judge would side with the company if you’re injured.)
I would hope that in both cases the court-imposed invitation to “return to their old jobs” will be RSVP’d with a hearty two thumbs down (or better still, one finger up).
Indeed, time for them to buy there own truck and drive the company truck into a wall.
I noticed OIDA was nowhere involved in this settlement. All OIDA does is steal money from hard working truck drivers.
You are wrong about OOIDA, they don’t do everything for you like Obama but they’re a good one to have on your side.
I can still remember getting fired years ago from Ferrellgas because I complained about being required to keep driving a truck with no working speedometer…The had warned me that if I got a speeding ticket …it would still be my fault….
When I objected…no problem..You don’t have to worry …you don’t work here anymore…Fired me on the spot!…
If you fail to stand up for what you think is right then get use to tire tread as they will tread all over you. Much like this administration.
Very good point.
It happens every where they give junk to new drivers and the drivers that have been with a company get the good equipment. Its so funny these shady ownwers trying to come back with assumed names..
Common practice in trucking in trucking , i know several guys who were fired after refusing to run past legal HOS. One of them went to the DOT for help in the matter LOL needless to say no help was provided. I was told many times ( do the best you can) code that means get it done anyway you can. Poor brakes, slick or rotted tires, i would have to run 50ft jumper wires from the cab to the rear of the trailer to get the lights to work on the trailer. Overloaded many times and told to bypass the scale. I am glad to see that some one step up and help a driver.
Don’t they teach anyone the number one … I REPEAT …NUMBER ONE RULE OF A DRIVER.. once you get behind the wheel …you ..the driver are responsible for truck, trailer and load. If its not right fix it…if you don’t have the time don’t drive, I know dispatchers push… Push back. Do you think they care if you get a ticket…..ugh NO!!!!
Your license…your responsibility…..
Hmm….the drivers could have remedied this with a chunk of cardboard. And a majic marker but changing conpany names to avoid prosecution is an old game that has finally run its course. The dot is going after paper chicanery like never before. The drivers didnt sound like they were quite doing all they could either. This type of problem is why small corporations are doomed. Cant outrun the bs.
Warning everyone stay away from Crst.
WHAT?!?? These guys were beat with sticks and forced to drive without stickers on their doors? C’mon, guys!! If it ain’t right it don’t roll–unless the boss is a real jerk and then it rolls to the very first chicken coop. It’s a little known fact, but if you walk into the cop shop and point out the problem and ask for their help, THEY WILL HELP YOU. The log book/overweight stuff is sheer driver carelessness. From personal experience, I know the full-growns tend to be on our side, most of the time. I’ve used their unique form of persuasion to get bald tires replaced (one blew out while I sat there) and to remind a Temecula shipper that 80,000 lbs means 80,000 lbs–not “just don’t get caught.” Put your foot down when your income is jerked around by an idiot that will surely support you and your spanks while you wait for your license to be returned. We all want the same thing: a nice, safe ride down the road and the law is there to back you up if you help them. And if you’re pressured to be unsafe…pull it over and call the law. They’ll gladly help you (they get bigger fines from companies than drivers). Be safe guys and if you’re headed home for turkey day, God bless you with a safe trip.
Everything I said . And absolutely everything you said.
Same crap just happened to me yesterday. Refused to pull trailer for BCB Transport from Lubbock Tx to Big Springs Tx due to broken welds and frame on ICC bumper. Was told to drop trlr at Bimbo Bakeries in Lubbock TX and bobtail back to Mansfield Tx. Terminal location. Upon arrival my contract as an IC was terminated I was not paid milage of 357 miles was charged full pump price on fuel and one full month of insurance premiums after one week of employment. This was even with sending owner pics to prove DOT violations of bumper plus 4 month expired DOT inspection and expired registration papers. Anyone know if Whistle Blowers would do anything about this? I still have pics trailer number and messages between owner dispatch and myself regarding being told to pull trailer without proper repairs?
What ever happened with this? My husband was employed by them and just quit today. They screwed him anyway they could. Even took money out of his check every week and could not explain why. When he complained about it they would screw him out of miles and take even more money.
The company ran under two different names. This tells me the csa score was unacceptable.
Maybe both drivers came in after time off and were confused with a different truck name. I bet the two drivers were put under pressure to get the load to it’s destination on time.
Numbers and Markings on the truck are the owners responsibility.
The overweight issue is something we all deal with until we get to a cat scale. Maybe both drivers were stopped before they could scale thier loads. The log violations could also be on the company if they did not issue the drivers log books.
I have worked for most of the largest trucking company’s out there and to say they all have problems in the up keeping if there equipment. To date the worst 3 I worked for was Fooliner tank line, Cumberland farms gulf oil, and C white and son petroleum transport. I was making really good money at these company’s but they had no problem with putting my CDL on the line along with the publics safety. I had to leave these company’s and this is one of the biggest reasons why I am looking at getting out of the trucking field. You really can’t find a good out fit that can do both take care of the equipment and it’s drivers all in one.
Does this mean I could file against FMCSA for forcing me to drive when tired or lose the time I stop to rest even though I took a 10 hour break as required? There have been times when I’ve come off a mandatory break and driven an hour or two and needed more rest, but couldn’t because it would count against my 11 or 14 hours available.
I worked for a man back in 1996 who tried to make me drive a truck that was unsafe , no working lights or gauges on instrument panel , no proper markings , bald tires , air leaks all over . When i refused to drive the truck he did nothing . He knew i was in the right for refusing to drive such an unsafe vehicle … Drivers get a back bone an stand up against these companys or risk your CDL . It’s your choice
To be fair, the driver should be responsible for log-book, knowing how much his cargo weigh and total legal gross weight. The company could appeal this ruling if the lawyer is any good. But oh well such is life. lol!
I left a tractor at the Utah scale after the officer in the coop said I would be arrested for improper
i.d. on the tractor. That after the Laramie scale made me put on the proper i.d, after a trooper checked the v.i.n. and he followed me to the truck stop to make sure I did. Needless to say, I went to a motel in Evanston, WY. I walked to the motel, until the boss got it right with Utah. Tractor and trailer(a container) left locked up with high value locks. After the trip, I went elsewhere….. as many here confirm, be diligent and cya, the companies don’t care.
Once, a bogus annual sticker left me with exhaust poisoning in the sleeper, that tractor was garbage,
left them too.
David, I would be most concerned with no/improper placarding with the two drivers above. The annual inspection sticker, as you see, is no guarantee of a vehicle’s actual road worthiness.
I simply missed looking on the underside of the sleeper for the flex line on the exhaust.
If a company is hiding their true name and U.S. Dot number, don’t walk…run away as fast as you can! Fancy paint and wheels don’t pay the bills and you can’t eat the truck.
a common misunderstanding / the P.O.E. states are way paranoid about being cheated out of fuel tax money / a thing of the past, it doesn’t happen on a measurable scale any more, but these Unwilling Participants in the IFTA system are still counting every dime.$$$ safety is absolutely secondary to fuel tax, .
I was fired and the company then tried not to pay me after I’d spent 9 days in the hospital w colon disorder.There are so many rotten carriers
Another one bites the dust? I can’t find Star Air or Akron Reserve Ammunition on thesafer site. I did see Robert Custer but he is listed as an landscaper. Anybody have a DOT number for them? I am off looking for more information.