A trucker who was fired after refusing to haul an overweight load sued the carrier she worked for. Now, two and a half years later, she’s been awarded only $16,723. And about a third of that goes to attorney fees.
Bernadine Poulter was a driver for Central Cal Transportation, a subsidiary of Roadrunner Transportation Systems. She had nearly three years under her belt when the incident occurred. She had picked up a load and stopped at a scale. When her load showed up 600 pounds over the limit for her tandem axle weight, her terminal manager told her to deal with it.
Ryan Rotan, the manager, told her to “slam the load” by speeding up and braking hard to shift the weight of the load around slightly. They exchanged a series of calls and texts before Poulter was eventually fired for insubordination.
Poulter then sued CCT and Rotan specifically for violating whistleblower protection provisions. The Department of Labor concluded that CCT had terminated her as a result of a protect activity.
As a result of the judgement, CCT will have to pay Poulter $16,723. Of that, $11,723 is back wages and interest and $5,000 is compensatory damages and attorney fees. CCT has also been instructed to rehire Poulter and provide her with a favorable letter of recommendation.
Source: gobytrucknews, ccj
Andrew H says
I applaud her for not brainlessly following orders. Because who knows, 30 miles up the road there will be a truck check stop, and then she’ll be penalized for the overweight load.
Erick says
Not for 600lbs I would’ve fired her to
Charles Grant says
Yes for 600lbs. You must be a dispatcher.
Larry says
Yea, well ass if you was to accidentally get into a accident and the D.O.T. Gets wind or state or local officials get wind of your over weight problem , YOU not the company or the shipper WOULD be responsible for the damages caused by the illegal over weight that exceeds law limits. These laws are there for a reason. D.O.T. officials years ago determined that 34000,34000,12000 is the maximum weight that brakes on a five axle truck can handle. Yes over the years I’ve carried many over axle weight loads and never had a problem, but with each time I did this I knew I was the person that would be held accountable for the results of any damages that might happen. Point is don’t expect drivers to take your load that isn’t legal, dispatch SHOULD have called shipper and DEMANDED that they reload this load to be legal!
Greg says
Yep and they would throw her under the bus,
And say we didn’t tell her to run with it
rick wemmer says
company’s do it all the time the only company i know for sure doesn’t do it is kroger I drove for them but anyway she should have been awarded way more than that if she would have had an accident overweight her but would be in jail and worse and she gets a lousy 16 grand.buckshot the judge needs fired
Schmoopy says
Estes is another company that plays by the rules, pays WELL, & gives EVERY driver 2 days home every week(never got less than that in 4yrs). They would NEVER ask a driver to haul that.
jo camp says
yep,, you,re right sounds like she has bigger cojones than 90% of all these highway heros commenting on here
Paul Taylor says
She does. But she is not alone.
Dogdoc says
Always the Driver is guilty on the end of the rope! You are the smallest wheel in the System with the huge responsibility. The Cream ( Money ) is collected by the bosses, and the Driver is the Donkey, that make the work and got beaten. On one side are the Agencies that afford something all the Time, from the other side are the bosses they push you all the Time, and the Driver is in the Zwickmuelle (German for bad ugly Mill)
John White says
That’s why the DOT is so hard on us out here, our companies ask us to do stuff that is in violation of DOT rules.
Gentry Newsom says
I’m back at a shipper right now. My back axle was 6000# over that’s got to be a record 5th axle and the 1st thing the shipper (El hefe) said was I thought you were a team? I am I take it to a relay driver who is fresh and can take the load the rest of the way!! Huh! Oh! Ok he says..good thing somebody can reason you’d think with all the time sitting around watching produce grow they would have grasped that idea! But hey I’m just a trucker.
Jose Vasquez says
Got a ticket for 200 lbs over in Kansas yes you are responsible for the load you are pulling so you call the shots not dispatch.
Not ratt says
Dispatchers, management and owners aren’t held responsible, it’s all on the driver. Had she received a citation for overweight, they would’ve left the driver w the tab. No wonder the industry is hurting for drivers.
Too bad for the trucking company hahaha
Clay Guinard says
But it is illegal for them to make You Haul something that’s illegal like if they tell you to go get me some illegal aliens or some heroin and you refuse it they can’t fire you for that is against the law why is this any different
Jon says
Enforcement….they don’t enforce the few rules the shipper has to deal with. Who would do it?
The FDA has jurisdiction over produce, but no significant man power to police the shippers. As for other freight, the agencies charged with policing shippers are all in the same boat, no $, no manpower. Not to mention patchwork state enforcement.
In contrast the DOT is everywhere, every state, every road we drive on, it’s way easier to police us than them, & less expensive. Corporations have legal teams…what does the driver have? My advice? Get Driver legal, $13 a month is worth the piece of mind. They erased a ticket that would have ended me, I didn’t even have to appear.
Loral Rogers says
Leave, I said Leave Driver legal and all the rest of the driver Hustler along. Even when you get a lawyer it goes on your records. So it’s all a scam.
Douglas Kirk says
Piece of mind? Maybe you should try peace of mind, then your piece won’t be confused….
Me says
Your wrong a company can’t tell you to haul a load that’s illegal. That’s called forced dispatching. It’s against federal law. Goes under to terms of dispatch intimidation. Check your laws and regs.
Peter Kouba says
Listen to this truck stop lawyer… When are these idiots going to learn that just because they interpret a law one way that makes it law. Yes, forced dispatch is a thing. Yes, it is legal. No, you don’t like it but that doesn’t make it illegal. I bet you are one of those guys that argues with border patrol when they ask if your a US citizen by telling them “you have no right to ask me that because i have done nothing wrong” Grow up you child.
kelli says
Left a company that thinks Personal Conveyance is for the use of the company to stage a load. 11,000,000 dollars on average to the victim
in a fatal truck accident. The csa/psp report means nothing to truck companies that operate like this….as everyone is saying here…
the driver takes the hit. She should have filed the report with OSHA,
as the Surface Transportation Act covers harassment of a driver.
kelli says
also wanted all the drivers to operate in NY with not HUT sticker.
kelli says
took pictures of trailer with out of date annual.Which did not match
license plate, which did not match registration.lost three loads over that .
Anthony L Krause says
As the CEO of a midsize carrier I would have personally taken care of the driver in this issue and terminated the employment of the manager if the facts via the text and other material would have offered sufficient proof which accordingly were offered at this trial
These types of situations should have been handled internally by the company, it would have saved money because no lawyers would have been hired the driver would not have lost compensation and any suit brought by the manager could have been defended if need be.
The rate contracts should have been used to determine if the shipper was at fault or if it was a problem of carrier management for using a truck that could not carry the weight or was unable to reposition the freight by proper methods.
With responsibility comes liability that is why the driver must be the captain of the ship and decide whether the load will be transported in its current condition or not this also applies to the equipment being operated by the driver. Management should be highly trained and needs to earn the respect of their driver employees this can only be obtained
Buy sound decision making.
Glenn Helmly says
Exactly right…..
Robin says
Bravo!
Randall Williams says
No you wouldn’t . I drove , otr for 18 yrs and all you dispatchers and trucking companies are the same . .
You all treat us like third class citizens . You tell us to break the dot laws and when we’re caught , you say , the driver knew the rules . . You lie to us about our home time . Off 3 days and you want us back out the 2nd day and if we refuse , you retalate by making us sit in a truck stop , 2-3days .
You’re no better than the corrupt brokers .
Jon says
Now now, what you say is true, but this guy is for real, the companies that want to keep their drivers, do those sorts of things. Mid sized to small are the best to work for. But they are a minority, and most will cheat you or screw you any way they can.
They fire you if the truck even touches something…”that’s an accident”. Yet, go try and find an unmarked trailer at the truck stop
High turnover works for the big dogs…the smaller carriers need to keep the drivers they get.
Matt brown says
Not true! Small companies are used to be good but now adays it’s other way around. Many small companies are taking too much short cuts and it affects driver severely.
Larry says
Ha ha ha good comment, YOU are SOOOO right
Ernest says
This driver should have received rewards of the averaging of all past pay. If the averaering of all past pay came to 40,000 a year and it took 21/2 years to settle she should have received at least 100,000 plus attorneys fees. But then again I don’t know California law or know if it’s a right to work state. If so, it seems civil right violation should have come into play. Just my opinion and I’m no law,we.
Thirty8 says
I endorse this comment👍
Mike Heinen says
Well said Sir
RW says
Amen!!!
John silveira says
You are.one.of the hand full who would.stand for.us drivers…the rest.just don’t care…i was laid off, upon contractors request, because i pointed safety issues on trailers and for follow the distribution center and transportation company requests for nit run loaded trailers without seal and pad lock.. any way i congratulate you
SOAthor says
John, you should have taken pictures before reporting it . Then you’d have proof for an attorney so they could not fire you.
Eco says
As a driver I would be proud to have you as a boss!
Tyson H says
I think I need to drive for your company!
Les says
You are a liar
John Price says
Good CEO.
Clay Guinard says
That’s really the only solution
Patrick Irwin says
If you are who you say, hire the driver immediately.
Bernie D says
Souns like soneone has a good bunch of drivers.
Charles Shaw says
You are correct
Jerry Mccullar says
In the last 30 years , starting as a driver, then into operations and ending up in DOT Safety, I have learned that most (not all) Transportation Management personnel are ignorant when it comes to state and federal regs. Most have never seen the “Green Book” or know the legal weight limits for the trucks they manage .Most only care about the revenue ,if Mr Krause has given a truly honest statement, I applaud him, he would be one of the few in his position. I would hope CCT fired the manager in question, the money would have came out of his pocket. Only disagreement I have with Mr. Krause is with the statement about going to court, if settled by the company, she would have had to sign away her rights to make the info public. Never settle with a company, take them to court and let the world know.
N C Northern says
I agree completely Anthony L Krause.
David says
You’re absolutely right. I’m a driver with a big company. If I pick up a load that is over weight, I’ll can notify my FL and return said load to the shipper to rework. If they refuse then I would contact my FL, who in-turn would get our Customer Service involved. If they still refuse then the Company will refuse to take the load. Most of the shippers I’ve dealt with are pretty good about not over loading a trailer. And those couple who have were willing to rework the load. As a driver, I have the right to refuse any over weight load. But you are right about the situation as it should’ve been handled internally. Believe it or not, the drivers are the backbone of any transport company. Without the drivers you’re just a logistics company unable to move freight.
Pete says
I was considering driving for a living and have been doing much research about the pros and cons of the job. I have been finding more reasons not to drive than to drive. This article about sums up my findings. I now know why there is a shortage of drivers.
Douglas Kirk says
There is only a driver shortage because the big outfits buy more trucks than they need. Some call it expansion, some call it greed. Either way, you can find a reason or statistic to justify your position. What I wonder is how there could be a shortage of anything if all the truck parking is full….
SED says
You are correct. The money can be good but it’s just money. I drove for 12 years hauling a hazmat product. I got a $40 overweight ticket one time. After driving for them about 10 years. They pitched a hissy fit over it and said they would no longer pay for overweight tickets. Except they would still overload your trailer on purpose. The last day I went to work she had me doing a 10 to 12 hour run that I only had 7 hours left to work with. I went to the truck and got my stuff out and went in the office told her that I quit ,she could do it. They only hinted at changing the run when I told them I was quitting. I had no guarantee it would be changed they just we’re trying to get me in the truck. Get a different job. Be home every night with your family. Nobody is going to understand why your not around your family or friends. And the company won’t care, really. Great home time is every day and night home time.
Sharon Wright says
As a driver with 33 yrs experience I commend you sir for taking this approach…. If the driver gets a ticket its on the driver & money out of the drivers pocket… The driver us the first line of defense for trucking companies…Thx
Paul Taylor says
I applaud you for your position. I have drivers call me almost daily to tell me that they were fired or written up for refusing to break a commercial vehicle safety regulation. Some, like Bernie Poulter, choose to fight. Others choose to move on.
Paul says
Well put
WO3 says
I agree 100% The Driver gets blamed for everything. I know of a case where the Driver was blamed for delivering to the wrong address….problem is that the address was wrong on his paperwork !
Max says
It’s hard to believe this happened in Cali. That state bends way over for workers and slams employers most of the time. At the very least she deserved all the lost wages during the time it took the suit to wander thru the system, plus attorney fees (in my opinion).
Too bad.
Truckergirl702 says
I TOTALLY agree. It’s been 2 1/2 YEARS in the system! That’s BS! She deserves WAY MORE! That’s WRONG!! I think that company should be fined for pushing a Driver to drive an overweight load KNOWING that the Driver was not comfortable with driving it that way. Dispatch KNOWS it is illegal, and when the Driver stands up and does their job PROPERLY, they are in fear of losing their job.
Bryan says
Yeah I feel like the money she got wasn’t enough. It said she had gotten fired over 3 years ago. How did they only come up with 16k?
Bryan says
Sorry only 2.5 years
Wayne says
Should have been a whole lot more money because this company blows and I know shippers that will never use them ever again.
Marc says
The article doesn’t state (or I just missed it) whether she was out of work the 2 years. She may have taken another driving job right away, so didn’t really have much lost time, maybe? IDK
Wilbur Stone says
That’s exactly what happened. She got another job and couldn’t show a lot of lost wages.
Paul Taylor says
She did receive all of her lost back pay, with interest, plus $5000 for mental pain. The carrier was ordered to pay her attorney fees and court costs.
AK says
I can’t believe that the court is making the trucking company hire her back after sueing them. Wouldn’t you think the driver would be put under more harassment if she went back to work for those jerks?
Jon says
Plenty of other jobs with better companies, cause once you are under their roof, the court order becomes almost meaningless. She should be compensated in cash, not a flimsy court order for future cash.
Paul Taylor says
It is in the law (the STAA). Reinstatement must be offered to the driver who is fired for refusing to violate a commercial vehicle safety regulation.
Rob Gower Jr. says
600 pounds! That’s it?!? She made a big frickin deal over 600 pounds!! Unbelievable! If nothing else, she would have burnt that off in fuel in the first half day! And even if she was 80600 pounds she wouldn’t get a ticket! Talk about a bunch of steering wheel holders! Good grief!
Steve says
Your a smart one. The overweight was on tandems, where is the fuel at?
Nighttrain says
Tractor tandems, trailer tandems fuel on tractor. Where was she over?
Sharon Wright says
600 lb is still illegal..
kelli says
six hundred pound truck driver?
Tino says
U said it brother,, I think she just didn’t want to go to work ,,she wasn’t overweight gross just on the tandems , i think she got overpaid……
Charles Grant says
Someone works in the office. You definitely can get fined for 600lb over. And just burn the fuel off? Sheesh. That’s like 85gallons. Your logic is astounding.
Jon says
Depends on the state. Do you drive through New Mexico? Or Arizona, THEY will impound the truck for 600 pounds over on an axle, worse if overgross wt
Some states would’nt even blink for that wt. Plus where was she going, maybe not enough miles to burn it off before the scale, line haul uses 100 gallon tanks, fuel weight is not much of a problem or a solution for a day cab. Which is the typical set up.
if it was the rear trailer, especially if it weighed more than the front one, no way would you drive it without a rework. “Brake hard and shift the load”. Is it done? Yes, but not for LTL, and no the dispatch people couldn’t care less
SED says
Your right too. I got my ticket in Louisiana. They let me go and I went to the scale in Mississippi, no problem there.
Paul Taylor says
She was 600 over on the trailer tandems and couldn’t get the load legal.
Jason MOWREY says
They wonder why there’s a shortage on drivers
James says
If she was under 80,000 most states wont bother you for being over an axle weight if its under 1,000 lbs..might give a warning though
Hagarcobra says
Or you could just do your job the correct way without needing to risk a ticket.
John silveira says
Not.true… at.all… axle.weight, is observed
Easy says
VS Arizona, and MOST .ca scales will not allow you to move if you are over on your axle. I have 40 tears experience driving a big truck and several of my tickets I got before my last ticket 20 years ago was at Banning for over axle even though I had a cat scale receipt to show my weight was only 33,750 on the trailer which was where the scale man said I was over weight
Hotshot warrior says
40 tears
John Price says
I’ve seen drivers ticked for 40 lbs over. Under 80k all the way. It’s your csa that will show your it’s your fault
Clay Guinard says
Over weight is over weight
Bernie D says
Not if you run Organ,Washington,N. Calif.,Ut.
Big George says
I got a overweight citation for being 300lbs over on a axle in the Good Ole state of Tennessee the guy was a total ass kept me there for almost 3 hours he was the only one running the scale and had 5 trucks pulled around back
Scorp says
I had to call a tow truck to move my load “huge coil” In MO I-35 as soon as you cross the border from Iowa. I was 700 lbs overweight on rear axle. Then the tow truck driver came up to an officer and said “call me on Friday about that fishing trip. All these MF are corrupt….
Michael Charette says
except in Md. its 79000 with 1000 grace to make 80000
davud says
Good for her although 600 lbs isnt rhat much and probably could have made it thru the weigh station
Kevin Lee Brown says
I’m curious the article didn’t state if she was over her gross or just over on tandems if this is the case I’ve had it happen either go back to the customer and have the load rearranged so that it equals out on the axles or have somebody come out take 600 off but you are right for those who said she’d have been stuck with the tab.
I pulled my application from Roadrunner because of this I’ve had bouts with trucking companies before they always want to go with the overweight and I won’t do it.
My compliments to the driver for sticking up for what was right when trucking companies stop skimming forcing overweight loads doing proper maintenance on the trucks I really believe the driver shortage will get less and less and less.
Trucking Company owners not all but most of them they’ve inherited the trucking company they come in with dollar signs in their eyes and then rip off the drivers.
I worked for Four Star Transportation for approximately two years the dispatchers were given strict orders to never send pics of the broker paper to the drivers because of the broker paper had to gross amount on it a new dispatcher overwhelmed with drivers did exactly what they told him not to do and when I got the pic I seen 800 gross at 26% I had $208 coming to me my pay for the load was 158 after a private investigator did a background check right to know act me as an authorized employee I found out that they had skimmed $18,162 off of me in the two-year. When confronted they said there’s fuel cost in toll road cost this is not gross gross means before anything taken out needless to say I don’t work for them anymore again hats off to the driver for standing up for what is right and I hope she’s reading this and I hope she takes it to heart when I tell her they did you a favor by firing you you deserve better and there’s good companies out there that will treat you the right way stay strong stay strong you’re worth it
Paul Taylor says
She was over on the trailer tandems.
James Guill says
All otr company s suck
Harry L Williams says
This is the dark side of trucking that they do not print .this is the reason i gave up my profession because of the same problems that this lady and other drivers go through. With ELDs, medical evaluations, weigh stations, and illegal loads and renegade companys to much is on the driver to take all the hits while the fat cats sit behind the scenes and live the good life. I don,t miss it at all thumbs up to the lady driver
Ken says
Sounds like she could of just moved her tandem wheels 2 or 3 holes.
Randall Williams says
No you wouldn’t . I drove , otr for 18 yrs and all you dispatchers and trucking companies are the same . .
You all treat us like third class citizens . You tell us to break the dot laws and when we’re caught , you say , the driver knew the rules . . You lie to us about our home time . Off 3 days and you want us back out the 2nd day and if we refuse , you retalate by making us sit in a truck stop , 2-3days .
You’re no better than the corrupt brokers .
Douglas Kirk says
You’re a moron. When you make statements like that I could just as easily say all drivers are idiots. I’ve driven over 6 million miles and dispatched a fleet of 60 trucks for a major carrier. I currently work for myself….my boss likes me, I like my boss, and together we get it done
Carl Hogue says
If an accident occurs and someone is killed her life is over. Drivers are the last link on the chain with the most liability. Don’t gamble on anything out here period end of story.
Kenneth says
Completely ridiculous 600 lb overweight on a truck that designed to carry 80, 000 pounds that like you carrying around an extra 6 lb on your body, no one’s going to die because your truck was 600 pounds overweight, other than seeing it on the scale a driver wouldn’t even notice 600 pounds one way or another
Marc says
I think his point was that if she got in an accident for a different reason and they saw she was OW they would use the fact that she was in violation for weight to place all the liability for the accident on her, whether she caused the accident or not. If
Jon says
Absolutely correct
Michael Charette says
the one thing not mentioned is was it a state scale or a truckstop scale
Paul Taylor says
Truck stop scale.
Perry Henneke says
That’s exactly right. If 5 miles down the road she was in an accident and someone lost their life who do you think is going to have to pay. She would have. The first thing to come up would have been her being overweight. I absolutely agree with you on this one!!
Bernie D says
So True buddy.
Gentry Newsom says
I’m back at a shipper right now. My back axle was 6000# over that’s got to be a record 5th axle and the 1st thing the shipper (El hefe) said was I thought you were a team? I am I take it to a relay driver who is fresh and can take the load the rest of the way!! Huh! Oh! Ok he says..good thing somebody can reason you’d think with all the time sitting around watching produce grow they would have grasped that idea! But hey I’m just a trucker.
Jon says
Moving the axles two holes would shift the load but California’s 40′ bridge law enforcement is insane.
Redoing the loading would work only if different sized/weight pallets are moved.
600 lbs is not much, why did shipper not rework load ?
Wayne Williams says
Why could she have not done her job and either moved the axles, or if it was bulk give it a quick jerk.
Paul Taylor says
She could not get it legal.
Clay Guinard says
I believe this is not about axle weight but gross weight
Tino says
Article says tandem weight
Jack says
This is why you can’t get good drivers
Diana Rumley says
As a driver, you are the captain of your ship. She was right to not accept the load due to axle over weight. If the company is not willing to cover you in the event of an over weight ticket of 600 lbs, don’t take the load. Number one, the driver has to pay the citation; number two, it’s a blemish on your driver’s license. As a new driver, several years ago I picked up a load of cardboard, which just so happened to have set in the weather elements before the before being loaded onto the preloaded trailer I picked up. The company had no weight listed on the BOL. I did not know where I could weigh it, and the one place I stopped to weigh it had had their scales removed. When I hit the scale house, I received a citation for over weight axel, and over weight gross. The company I drove for at the time, bailed me out at the scale house and had part of the load reloaded onto another truck. As a result, I did not see a pay check for ten weeks. I lost everything I had…which wasn’t much at the time. Ha ha!!! Drive legal…CYA!
Paul says
It didn’t say she was over gross, only over axle. Why could t she slide it or take it back to have it loaded more favorably?
Justlon says
Applause
But the effort doesn’t justify the outcome now every trucking co will see you as a risk and not hire you in fear of being sued
Before you could have just gone to another company fresh start
Skirt says
You know I hear a lot about these damned DOT cops but up here in the northeast’s they usually cut the driver a break…. if I have a laundry list of repairs on my DVIR and get stopped I have never caught a fine for anything like that. Hauling salt in the winter I got pinched at 81,200 in a 76,500 truck and we only got fined 158$…. maybe it’s different for us construction guys. OTR is definitely for the birds at this point.
Jim Rhodes says
I believe that the girl should have gotten more money than what she got. If it was me not only would I have suit them for not only for lost wages , but for attorney fees and the hassle of trying to get another job. She should have gotten at least $50,000.00 plus attorney fees.
Paul Taylor says
She was awarded full back pay with interest, plus 5k for mental pain. Carrier was ordered to pay her attorney fees.
Kenneth says
As a 40-year veteran trucker the 600-lb would be no big deal over gross or on a set of tandems maybe she could have slid a tandems slid the fifth wheel, as a professional driver she should have done what the dispatcher told her to do deal with it. Did you pick this trailer up at a customer already loaded did the customer have a scale that you could have weighed it before she left the property, inexperience on both ends cause this problem the driver not knowing what to do and the dispatcher not knowing how to help her correct the situation
Lee says
As a 40 year old veteran driver, I am sure you are aware of a few things. California has a bridge law. Had she been able to move her tandems and 5th wheel to make the load legal, then she most likely would have lost the case. If you had ever been over the scales in banning California, then you would be aware of how understanding they are. Remember, nobody remembers what you do right, but nobody will forget what you do wrong.
Davis waldo says
I was at Swift and the same thing happened to me after getting Miller Coors in CA. Miller’s scale was broken.
Went over dot scale, 1500 over on the rear, under 80k total. Manager told me it was completely my fault and problem. Hurt my back moving cases to front of trailer in 100 degree heat. 150$ fine. Should have put the beer in the dumpster.
James Guill says
That’s why I would not of left with a load with no weight on the bol
Douglas Kirk says
Doesn’t matter what weight is on a BOL. The only reality is what the scale says. Most shippers use a program that tells them approximate weight of various products. Unless they weigh and record everything that goes on your trailer, there is only one way to know- scale the truck
Freddie Fennell says
That’s B’s she should get two years of wages and the carrier should be fined
Paul Taylor says
She was not entitled to two years of wages. Under the law all of the wages she could collect were what she actually lost, plus interest. Winning a Court case is not like winning the lottery.
Anthony says
She lost her job for keeping the motoring public safety and only gets 16000 and people wonder why drivers take chances. I positive she made more money then a McDonald’s worker does.
Bruce Beckel says
The company was totally in the right. If she is over on her axel weight she should deal with it. I didn’t see any mention of her being over 80,000 pounds. Sounds to me like the company is terrible lawyers.
Jon says
I don’t think you understand line haul and doubles, some different rules apply. You wouldn’t know it from the DMV test, you’d have to drive one. Details left out: front or rear trailer? Makes a big difference, IE you can be legal weight but still be very unsafe.
Harry Knapp says
She should have got more money for her grief. The manager should have been fired for trying to get her to violate the DOT regulation. At least the words out don’t work for this company.
Chris says
She deserved to be fired. She should know how to shift her weight around to make it legal. Three years of driving with them and shes still a rookie.
cremater says
It’s California, the bridge law there is fierce at 40′. They enforce it heavily and most loads that have been preloaded are already set at the max 40′ bridge. I pull out of Atlanta to California every week, and have for the last few years. I have to be extremely careful about weight (both gross and tandem) because while I may be legal in Georgia or Texas with a 43′ bridge I would be either overweight (tandem) or too long if I adjusted to make weight in California. All my trailers are sealed when I pick up, so I can’t even get inside to move freight around (assuming I was even willing) because if I break the seal and there is a shortage guess who gets blamed for that?
As so many companies are notorious for saying, I get paid to drive the truck (CPM) and don’t get anything for other things I do. If I don’t get paid for it, I don’t do it. I didn’t load the truck, the guys who get paid to load the truck did. That being said, I am not going fix another guy’s mistake for free when he got paid to screw it up in the first place.
Paul Taylor says
She was awarded 5k for mental pain and emotional distress. Unfortunately, the judge denied the request for punitive damages.
Rodger Pruitt says
The dispatcher doesn’t have to pay the fine or have the points go on his license. Easy for them to say deal with it. I would not have been as nice, I would have told him were to put it. We make a living with our license so we are responsible to make sure it remains clear. I do believe she should have received more for her emotional stress but glad she stood her ground.
Joseph says
Ok,
I agree and disagree with the driver.
Great she didn’t haul the load it’s over weight. I wouldn’t either. Now I dont agree with the fact the article does not state where or if she moved the tandems or the fifth wheel, ( does say there years there, is this a brand new driver with only three years experience). She should of taken the load back to the shipper to be reworked or some taken off, doesn’t sound lot a lot of experience here.
John silveira says
I do live in Connecticut. And cops around here arent that bad, just try not to baloney them you.will be fine, I’ve being driving for over 30 years. Mostly as a.OO, no regrets, didn’t got rich, but still able to take care.of my family with confort,
Now i hear drivers complaint about DOT troopers, state and city cats, well they are out there doing they job, some goes to extreme and want to show them power over drivers, some pursue trucks. Its individual. Same as us drivers, few are irresponsible untrained,thinking they can do.what ever on the road,even against other truck drivers, truck stops and rest.area seems to be a battlefield, those, few hurt every one else reputation. Safety and surely in the way troopers see.and.deal.with all of us. Those companies and truck schools. Only teach.people.how to get they cdl, not.to learn on how.to be a decent.driver.
Eric says
Pull nothing illegal!!! Period. God forbid something catastrophic happen, the company would disavow any knowledge and the driver would be left holding the bag. If I have so much as a registration light out, it doesn’t move until fixed.
Lydia Seritt says
This is the reason i came off the road
No respect dispatch pushing for the next load even if you are tired .
You are not alowed to have personal problems, family issues o you got to roll.
Even with the over weight load o just roll with it you will be ok or we will put a service failure on ouy it’s always something that’s why theres more loads than trucks on the road i can tell you one thing i might not be making 900.00 a week but add it up
Food motels tickets plus ups your car insurance all in all im happier sleep ever night and have a life took some ajusting but was well worth it in the end i finally have a normal life again lost weight and quit smoking. Im happy as can be y’all can have the stress and all that comes with th B.S out there good luck L. SERITT
Randy says
I worked for very large construction company that had several divisions in fifteen states. At a rock quarry in Kansas a end dumb driver had been told by the scale house he needed to dump off because he was over loaded. The driver took the load and had an accident. A person was killed. The persons family sued the driver, his insurance company and the company that owned the quarry. This is why you refuse a over weight load.
Dave says
REMEMBER WE’RE NOT JUST #S,,,LOL WHAT A JOKE
Michael Fisher says
The manager should be fired, and the company should be heavily fined.
Othelzer says
She has been out of work for two and one half years? And is forced to work for the company again. I would consider making a appeal of the judgement
Everett hardin says
She did the right thing most of these company knows what the weight is on the load and they should have a list of what their truck and trailer weighs and turn down the load if they could nt haul it legally and she should have got at least $40,000 out of the company
Jim Getten says
Dumb move by the driver and the dispatch. 600 lbs over in CA is a fine of peanuts. This story is a good example of why the industry is in such trouble with driver recruitment and retention. It’s also a good example of why attorneys drive Corvettes.
Jose Q says
She was right I don’t take overweight loads either….
Daniel Scott says
If you think it was a dumb move by the driver then I really hope you aren’t one yourself because you dont belong out here
Jose Q says
That the way it is…dispachers and ahippera don’t care what happen after you picking up an overweight load….let me tell you when that happen to me (and that happen many times in 15 yrs I’m not fight or argue with no body…jua plain and simple explain to the shippers if they don’t fix the load I drop the trailer right there and I go…… same way to my dispachers…..
Luis Gomez says
The mistake of trucking companies, small and large, is that when they hire a truck driver, they seem to have the illusion that we work for them. We work “WITH” them. If the company is make a profit, that is because we are making a profit! If not all, then most of the dispatchers have this godlike impression that they run the business, and therefore should be obeyed without question. They actually create most problems between drivers and the business. They should be accounted for their actions.
Scorp says
Agree with you 100%
Paul Taylor says
Agreed. The Carrier may be held accountable under the Surface Transportation Assistance Act which gives drivers a remedy when they have been retaliated against for refusing to drive in violation of a commercial vehicle safety regulation.
Jw says
This whole deal is stupid. 600lbs on an axle. They should all be fired including the author of this article for thinking this ranks as a problem. Way bigger deals to deal with than an axle weight that is below most states threshold of inforcement. Waste of time and money.
Jesse Rice says
All honesty, you can’t be certain about a person’s knowledge on weights & measures. If anything, it didn’t say exactly which tandem was overweight between either the trailer or the drive tandem. Furthermore, the guide pins that lock in place, how much room did ya have to play? This is something beyond just another driver-dispatcher relation that can’t get along.
Jason peters says
The truck industry has become the fk…in industry i started driving in 2000 since then the companies have all become the same there’s no respect for the drivers,they promise you the sky and lie lie Lie,I left them alone it’s a game now.i quit the game.and that’s why 80.000 drivers are needed.
Veronica Harmon-Gunn says
I’m a resent grad. & yes, this is discouraging to hear.
Randy says
Here is a thought do something else this is not what it once was. Companies lie then dealing with shippers and receiver’s that bitch if your early or late and then bad food no good place to stop and rest dot will always find something. 30 yrs and I had enough glad I do not have to deal with it anymore.
T. Payne says
What a joke that she is awarded such a paltry sum for all of the heartache and aggravation she endured for being terminated. That’s why the FMCSA and DOT is viewed with such contempt by so many in the industry. Here was a chance to send a strong message to a carrier that you cannot punish a driver for following the rules.
Paul Taylor says
She was awarded all of her lost back pay, plus interest, plus 5k for emotional distress and mental pain. She was not out of work for very long.
Randy says
600 lbs on a axle not over gross I take she should have been fired and got nothing a driver know how to have his or her truck loaded and if it a load that can be shifted be hit brakes two move it to get legal that’s what a good driver does. I started well 30 yrs ago and we made the load work and got the job done just cry babies now a bunch I can’t not I can I am from the I CAN generation.
Douglas Kirk says
Slamming stuff around like that is hard on the truck, trailer, and the customers freight. I think she was well within her rights to refuse if the load couldn’t be made legal.
I personally think a lot of problems could be solved if there was a max load weight of 42,000 pounds across the board. That would end all the hand wringing about weight issues. Since when is a truck required to carry every last ounce possible? Shippers love it when they can can get more moved for less….I prefer to move less for more
Karen says
Anyone with even half of a set of eyes can see that there are too many reckless drivers, tailgating, speeding in and out of lanes without a turn signal (this even brings law enforcement into the responsibility view here) to take a risk to your job of being over weight limit. Taking the risk should not be otherwise considered anyway. Any company should be run with managers and supervisors managing and supervising, especially Trucking.
Night hawk says
NAPA out of mechanicsburg pa fired a military vet on veterans day for insubordination, because he refused to drive over his 11 and 14 hrs.
Randy says
This said she was 600lbs over on axel, it did not say 600lbs over on gross, there for you adjust you axels and or you 5th wheel to move you weight. If that can’t be done, go back to shipper and have them rework the load. Sounds to me she was looking for that easy money.
Brandon Curtis says
Good driver girl good driver. Glad you won, the verdict should have made an example out of the carrier in my opinion.
DAM Day says
And yet theses flat bed carriers come into the steel Mills and want to haul 50 and 60 thousand pound coils for next to nothing. Let the east be east and the west be west.
JB says
She did the right thing not to take it if the shipper would not adjust load. She had a question in her head that was unsolved, so turn it down. I been in transportation for over 40 years and i have seen companies use drivers, & dock workers up & spit them out in the cold then say next! Like it wasn’t nothing! We as drivers MUST protect ourself, & our record. Because if you mess your record up your done, stick a fork in it!
Chris says
What a rookie. 600lb over and she couldn’t even move the axles to fix it. I’d fire her too. This article doesn’t even mention the total weight probably because she’s not even heavy.
NDN says
Become an Astronaut, wash dishes, be a janitor, sit on your tush and be a security guard…..anything but truck driving….it takes all your time, steals your youth, messes up your back, and creates a world of stress in your life with its over regulation of BS. The Automated change is coming, its just a matter of time, so why stay on a dying horse that keeps getting more complicated. The juice isn’t worth the squeeze. One driver at a time….. Leave the industry, do something else to make a living. Actions speak louder than words. Give trucking the middle finger.
C P says
Exactly I lease my experience the minute you think you own me im gone.
Joe Thomas says
I can tell you from 1st hand experience….. there were ways she could have kept her job and not worry too much about the overweight! She could have went back to the shippers and had them rework the load and had her company pay her detention time! Or …… take it as is and if she got caught, that will be on her company! The worst that could happen is that she got a fine but throw that on the company and they will pay it. The ticket doesn’t hurt your driving record. What will happen is that the dot will make you rework the load from their station which means that the company will have to hire a lumper to come out to you and re-do it. That’s money out of the company’s pockets!! Just remember…. the driver is the middle man. Your responsible for the load but you ain’t responsible for loading it and not responsible for setting up the load. The company told you to go get that load!!
Cyprian Renshaw says
Every driver and company has, will and continue to do something be it small or big illegal. Any CEO , driver, dispatcher that says otherwise is a liar. None of this conversation even matters if the load is not on the truck. 600 lbs??…..80- 90 gallons of fuel……run with it! I wish you super truckers would talk about all the illegal stuff you didn’t get caught for!….She desrved to get fired for 600 lbs……1500- 2000 lbs??? ….total different conversation….but 600??? ….yeah she deserved it
Scorp says
You’re absolutely right. Every company and drivers brake the rules. There are smart and dumb drivers out there. A smart driver knows how to deal with a situation like that. I transport cars and often overweight. Put less fuel and hat will solve a problem. Plus most of the states do let you slide if you’re under 1000lbs. MO won’t though )))
Vance R. Mason. says
Pretty bad when 22 years driving in my past. Safe and complient I might ad. Would choose to be unemployed and eventually find himself full circle, to the world he spent his whole life trying to avoid… Incarciration. My name is Vance Mason and I am from New Mexico Boy’s Ranch. Death is the easy part. So long as its just You. For the love of God, when will we be defended while we continue to do right by this country? Trucker… You bet.
Robert B Markle says
2.5 years and only 16,000 for lost wages mental and physical anguish. From lost job??? She should have told them it’s your baby. And recorded the conversation and text showing they told her to do it. And let them pay for it.
Paul Taylor says
She was not out of work for 2.5 years. She cannot be awarded more back pay than she was out. She received 5k for mental pain and emotional distress. The Court directed the carrier to offer her reinstatement. The carrier was ordered to pay the driver’s attorney fees.
J.s says
Drove a gravel slinger for small co.truck had bad brakes told owner I couldn’t drive the truck due to safety issues was let go.3mos.later truck rolled off cliff onto I 40 in nashville loaded.still in business.
Trucker says
I think because she was a woman she got so little and Court. I guarantee that if it had been a man, he would have been awarded twice if not three times as much more!
Rmart says
Way to go Girl….finally someone who stood her ground for something which is passed on to drivers just for self gain…they don’t have to deal with the consequences…the driver does…
Jesse Meza says
There’s alot of information not being said. Was the load over grossed if over 80000 then yes dont take it and deal with consequences but if just over on an axle then it was her job to try and get it legal. I wish the person that pit this up would give us the whole story.
Jimmy Jam says
Something I was taught my first week of trucking has saved me from untold misery: “It’s always your fault and everyone is out to screw you.”
This caution gave me an attitude of healthy skepticism that’s lead to a string of good decisions.
I’ve watched this ring true countless times.
Jesse Meza says
There’s alot of information not being said. Was the load over grossed if over 80000 then yes dont take it and deal with consequences but if just over on an axle then it was her job to try and get it legal. I wish the person that put this up would give us the whole story.
Ron Wood says
Not only did she get screwed by the company,and the DOT, the judge, and wouldn’t you guess….”And about a third of that goes to attorney fees”. And they wonder …..”Why can’t we find enough qualified truck drivers ” ? No one wants to stand up for truckers. Not even the trucking associations. “Oh we care about what happens to truck drivers” ? Yea….for a price. You have to pay them FIRST, then they find an excuse to “Pass the buck “…..,but keep your hard earned cash. I say “Let them rich folks suffer like the rest of us poor people ” ! See how they like getting cheated.”CCT has also been instructed to rehire Poulter and provide her with a favorable letter of recommendation.” and CCT will make her life hell until she quits. What are the lawyers going to do about that ?
Paul Taylor says
She was awarded all of her lost back pay, plus interest, plus 5k for emotional distress and mental pain. She was not out of work for very long. The attorneys are not taking one-third. She gets all of what she was awarded for back pay and compensatory damages. Attorneys will get paid separately once the appeals are over (assuming she wins on appeal as we expect).
Old timer says
600 over on the tandems and she couldn’t deal with it? Go around the damn scales!!
Oh,wait a minute;there are no longer real men,yeah,I said MEN,doing this job any longer. Men who could do the job without whining about it.
Nothing but sniveling,bloomer pissing snowflakes out here now.
Mad russian says
Running overweight is not a moving violation so there should be no points on license..i have 20+ years and will mot run overweight
Dan says
I say don’t worry about the horse being blind just load the wagon and 9 our if 10 chances the dot will let u slide at 600lbs over axle but hey I guess we’re all different
Beastmode trucking says
This needs to be done with other carriers specially swift transportation
Ralphie eigu. says
You are right, and would then get fired anyway for not bypassing lol
Rhoda Thompson says
Old timer..listen boy..go around scales and get caught at it now..just run legal stupid..That’s all
Rhoda Thompson says
Scorp…car haulers suck..
Rhoda Thompson says
Mad Russian…o yes CSA points
on your record and company’s…
Steve Hughart says
These companies need to be sued over that stupid $hit iam prod of her for that but they should have been made to pay more
Jude says
I had a problem with an overweight load and called my dispatcher. The first words out of my mouth were, “This conversation is being recorded”. I explained the problem to him. He said to take it and the company would pay all costs associated with the load. I reminded him the call was being recorded and he laughed and said to go with it. I played the recording for the weighmaster and HE called my dispatcher to arrange for the equipment, including another truck for the excess freight. I didn’t get the ticket but the company got a HUGE bill and a dispatcher got a new job somewhere else. Those little recorders can save your butt and your wallet sometimes.
Fred says
Many applauded this Drivers actions, but after only 3 years experience, she could have done more. I would not pull over 80K. 600 on axle is manageable and I tell you why; but first, we must consider the distance of travel to delivery, lanes of travel, driving night or day, and did she load with fuel low, half or full-all of these are factors. Did she have knowledge how to adjust tandems and fifth wheel to bring load into compliance. States do allow weight slightly over on axle based on tire size. They will not allow for over gross but they will for axle. Knowledge…it’s a powerful thing.
Fred says
One more thing: I don’t recommend slamming brakes to “adjust a load” that could prove to be messy. Shrink wrapped loads may burst creating a complete mess, or the load may topple causing load to spill over the trailer-another mess. Think it through (use your head) don’t allow dispatchers to slow your career with tickets and fines. Do the right thing…. always.
Tom evans says
It’s always the drivers rite to refuse the load if it’s illegal or unsafe I applaud her for wanting to run legal and slamming the brakes to shift the load will just result in damaged freight that being said as long as you’re not over gross the dot will give u a thousand pounds on an axle just in case the scale isn’t accurate but she did the correct thing and should have been awarded more
Paul Taylor says
My law firm represented this driver. She received her full back pay losses (with interest) plus some money for mental pain. In other words, she was made whole. The carrier was also ordered to pay our attorney fees. Absent punitive damages, a person is entitled to be “made whole” and this is what happened here. She was over on the trailer tandems and not on the gross. The carrier’s manager misrepresented to the driver that she would be legal at 34,500. Our request for punitive damages was denied.
The carrier has appealed the administrative law judge’s decision. The fight continues.
Paul Duguay Sr. says
After 23 years I’ve had to deal with many different load problems. If the load wasn’t over gross, which isn’t stated. It could have been adjusted to make axel weights as long as the bridge law stayed within legal limits. I’ve also found that driver attitude is an important factor. Did she refuse to take the load and cruse out the dispatcher? Or try to explain the situation?
Because if the load was over weight and she entered a CA. Scale the load would have NOT MOVED until it was legal !!
Robert Little says
I was fired for not letting a gate guard keep my license, then the owner of the company destroyed all my belongings by having them thrown in a dumpster the nxt day, I’m still looking for a lawyer
Robert Little says
I’m glad she at least found a lawyer that would take her case
Paul Taylor says
Me too.
C. Green says
As a state employee, heavy equipment operator for twenty five years, we routinely moved 80,000 pound equipment with truck and lowboy that weighed 40,000 pounds. Clearly overweight and were ordered to do so. The state is Illinois which conducts portable scale weigh station stops all over the state. Doesn’t seem fair.
Daniel says
Why don’t you refuse it? Aren’t you state spoiled boys union? 😉
Trkr1973 says
I dont care if the load is 80,001 lbs its still over weight period the company’s arent the ones that get fined or have to deal with it its the driver …so as the driver i would refuse to pull it as well and would of done the same thing she did and i applaud her for actually standing up to a big company and showing them there not always right
Paul Taylor says
One third does not go to attorney fees.
Douglas Kirk says
Seems you’re whispering in the wind, Paul. Nobody bothers to read the facts before they come up with their assertions.
Thanks for caring enough to set the record straight
Charli says
She did not get the same amount as the last suit bc she’s the wrong whiney baby gender.
#fragilepatriarch
Paul Taylor says
Huh?
Daniel says
Good for her. I don’t take OOS and overweight either. My company will call upon a bad driver to haul what I refuse so I don’t get fired. haa.
Jim says
Any company forcing the driver to drive it should sign some sort of document acknowledging the overweight. Most states have over weight permits so it’s a money issue not a safety issue
Helen Corbett says
She did the right thing. It is your license and your livelihood your protecting.
Helen Corbett says
She did the right thing. It is your license and your livelihood your protecting. I been driving 22 years I went run overweight. Had go get two pallets of citrus from another drive because he went into Arizona with 3800 on his drive tires. His fine was $68,000 dollars. He never weigh the load.
Helen Corbett says
Never run over weight or illegal. Your the one who will pay the price. Not your company.
DSB says
I work for TMC and they would never ask me to haul even a hundred pounds over my gross or axle limit.