Serious Replies Only Please!!!

Discussion in 'Trucker Legal Advice' started by Mr.Peterbuilt777, Oct 10, 2019.

  1. Mr.Peterbuilt777

    Mr.Peterbuilt777 Bobtail Member

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    For the last several months i have posed different questions. This will probably be the last question i post. I need some advice and help from my fellow truckers.

    I need to hear from other truckers who have either experienced or know someone who experienced being threatened with their job or was actually fired for turning down a load because of being out of hour's or you were pushed to make a deadline you couldn't legally make. But the company wasn't concerned about your health or being out of hour's. They just wanted the load delivered.

    After my case is done i will report back and fill all of you in on what happened. For now i have to keep my info to myself.

    Thank You All..... Who have commented on my post and have offered advice. You will never know how much it has meant and helped me.

    You Guys Are The Best!!! Bar None!!!
     
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  3. BRD TRANSPORT

    BRD TRANSPORT Light Load Member

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    To all Truck drivers who deal with things like this .
    Try to use TEXTS with all conversations. tell disp. or broker , your phone is down,and you have to text get it on text.
     
  4. jammer910Z

    jammer910Z Road Train Member

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    COERCION

    Its there to protect you.
    1) Be nice
    2) Be firm
    3) Be clear
    4) DOCUMENT
    5) Take pictures of your available hours as proof for later that you could not perform the task.

    It doesn't matter if you're on ELD or paper. If it goes wrong... it's on YOU.

    They'll play dumb.
    If you can't do it legally, and voice that to them, tell them what you CAN do.

    Then it's on them.

    Document. Try to converse with the Qualcomm or by text or email as much as possible.

    He said.. She said.. you'll probably lose.
     
    mhyn, D.Tibbitt, rachi and 3 others Thank this.
  5. x1Heavy

    x1Heavy Road Train Member

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    Mar 5, 2016
    White County, Arkansas
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    It is a routine happening in this industry.

    As of 2012 Federal laws against Corection were written to protect you the driver.

    When the threats come out document every word said by so and so this by name and so and so that by name dates, times, method of communication and so forth. Even better if they forget a moment and threaten you over a computer or satellite or text. You now have a record to take straight to a lawyer who will absolutely go hog wild as we say in the south.

    Carry a recorder on you in some form.

    The last time a Boss threatened me personally and directly was with B&B Concrete in West Little Rock at the time clock situation. 4 minutes after 6 after the boss opened the trailer at 2 minutes past.

    It was a off morning because I would have covered 200 miles by 6 and delivered at least one load of cement. However the workday started at 6:04 and its time for me to get going.

    He stops me a minute and says a bad word followed up by a personal threat to violence if I screwed up again being late "Here" after 6 am...

    I ripped the time card in his face let it fall to the floor and went to the car driving out. He turned white. Violence was a real possibility outside But I needed him to be the attacker and take whatever damage that needs taking without striking back. Church mouse stragety if needed. All of that will be documented out the wazoo and since there is no planned mark on him he would be arrested for agg, assault etc. (Thats about a 30 year prison time at conviction..)

    This person was somewhat dangerous when he demonstrated not only the ability to rage silently but also to flex rather quickly standing still. Some people drop when they get hit with the associated chemicals in their blood etc and the heart simply fails to move the needed volume fast enough. Down they go. But this one was very dangerous. Had a blade in a boot. Don't think it would have been any use if he did attack. I hate to say it.

    I think the concrete mixing side closed up and they went into Gasoline. Since it was a privately held company the top three owners-managers can do or say whatever the hell they want to in those days.

    I handled that situation very well. I had about 15 drivers assessing the issue And some smiled when I simply drive off going home. It worked out neatly. Got unemployment for cause and everything. Because I documented everything.

    Fast forward to now. Many years later. I live a very different and quiet life as a licensed carry. You know very well how to be very polite to people and eventually no one has a problem with you unless you have never seen the nut before.

    That bridge will be crossed if necessary. Otherwise operation church mouse.
     
  6. Hero Biscuit vendor

    Hero Biscuit vendor Bobtail Member

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    I had a boss who would go full drama queen and show his disappointment if I didn't bend the hos rules. It didn't happen too often that I would run out of hours, but I did do it occasionally so I didn't have to listen to him, and it would have just overburdened the next day. I actually liked the guy outside of work. It was hazmat and I would have got spit roasted if anything ever happened.
     
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  7. x1Heavy

    x1Heavy Road Train Member

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    White County, Arkansas
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    We had one boss whose profanity is a lifetime of carefully collected words designed to hurt. You wont believe how badly a old term "Blockhead" delivered at full volume with one or two choice selections for your cringing pleasure... can hurt you a little bit.

    One bad day Snowball and I pretty much hid. He was raging because radios swore up and down that there is sunshine wonderbar sunshine all the day. And here is 20 ton of rapidly congealing blacktop in the pouring of rain.

    It cost us three propane tanks from the paver to make it work. And alot of creativity applied bad words. Sometimes people squeeze stress balls in the office cubicle. Or sneak a bottle out of the vest pocket and be happy smashed the rest of the day without tipping off the boss etc.

    The last straw came on a side project. Building a 300 yard road through a several acre forest in the pouring of rain that afternoon. The job was a small one, easy enough. Load Gravel. Drive to the forest. Dump, drive back reload drive to forest drive onto the new gravel patch you just dumped on the last load to see if you sink or not. If you do sink, pull forward and dump your load at that spot. Backhoe man will build a thicker gravel pavement by the time you return with the third load in the pouring of rain.

    Again test your truck in the new 20 feet of road in the forest and see if you sink or not. If you did, pull forward onto pavement and dump your forth load of 20 tons of stone gravel to try and finish building that first 30 feet of road int he forest.

    It took six loads in the worsening rain before the new road will accept a full 50,000 pound four axle dump truck. and not sink me.

    Back I went for more gravel. We bring in the other truck as a shuttle. I ended up loading dump trucks the rest of the day while the plant pulled overtime on us. We worked until we could not see anymore in the night with the stars out.

    By the end of day two in the rain some more we had finished 300 yards of common road in the forest on private property.

    The big problem? 300 dollars every 20 feet in gravel. Angry banshee starts howling about cost overrun.

    When she wound down the boss man said you could have waited until the rain is over it would have cost 3% what you are paying now fighting mother nature.

    Back to screeching she goes. "I will have MY road built NAOW. I will take no excuses for failure."

    Her caddy failed to gain traction on one corner. Sunk to hub.

    I toss the big chain on there and hauled in granny low interlock on and big V8 desiel snorting in deep deep holy mother of god deep reduction.

    Popped taht caddy right out.

    All in all it was a fun job. Not welcome in its moments, but it was a FUN job.

    You cannot have that kind of fun at work. Its illegal somehow these days.
     
  8. Judge

    Judge Road Train Member

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    I have a couple DOT officer friends, you can always go to a highway dept or where ever you state DOT HQ is, sometimes matters can be taken care of quickly, like I questioned a “random” drug test after getting randomly picked 10 times in 2 months out of 1000 people, after talking with a DOT officer the next “random” pull was infront of him, and amazingly it wasn’t me.
    It wasnt the fact of doing the tests, just that it wss around midday each time and would cost me a load and the revenue.
    So different situation, but the result could be changed, then I’d find a different employer.
     
  9. Atlanta trucker

    Atlanta trucker Road Train Member

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    Ignore the company. Let them fire you , or more fun then that try to get them to fire you. I’ve had a lot of fun with it. You said serious reply’s only , that seems pretty serious to me.
     
  10. pavrom

    pavrom Road Train Member

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    Run away !
    Consider this advice !
     
  11. BR-549

    BR-549 Bobtail Member

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    texts/email are good to have.
    Unfortunately, some are wise to this trickery because they are serial f###tards.
    I learned the hard way.
    then I started using these two jewels with my smartphone.

    Olympus TP-8 Telephone Pick-up Microphone https://www.amazon.com/dp/B007OXMHDE/ref=cm_sw_r_sms_c_api_i_WrNQDbZTQRDKM

    EVISTR 16GB Digital Voice Recorder Voice Activated Recorder with Playback - Upgrad... https://www.amazon.com/dp/B07CPNR79C/ref=cm_sw_r_sms_c_api_i_lwNQDb5JTKZQZ

    yeah, I know all about one/two party consent laws too....spare me.

    but there is no better way than this.
    Trust me, I’ve tried it all.
    There are no apps or other devices that can do this more effectively.
    I learned about this little earpiece jewel from reading about how some journalists get convos on record with superb digital clarity with no screwups.
    It took a Halliburton dispatcher lying to me and costing the operator I was working for around $1 million in lost time to cure me of it EVER happening again.
     
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