My battle with West Memphis scale

Discussion in 'Experienced Truckers' Advice' started by Tragic Magic, Oct 2, 2009.

  1. Tragic Magic

    Tragic Magic Light Load Member

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    Jan 9, 2009
    Albertville Alabama
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    3 weeks ago I got pulled in for a D.O.T inspection at West Memphis. They found 2 violations on my trailer. The officer asked me where I was going and I told him to our terminal bout 2 miles away. He says that since i'm so close to the terminal he's not gonna put me out of service but to go straight to the terminal and get the trailer fixed. I did. Then last week I get a call from safety wanting to know if I was put oos that day. I told them what was said so he tells me to put the experience in writing on the qualcomm in case there were questions later on. No problem and I thought that was the end of it. Then tuesday I get a call from my fm and he said safety had talked to this officer and he told them I was put out of service and left anyway! He lied to save his butt cause he wasn't supposed to let me leave! But my comapny believed me cause this officer had caused them trouble before. To make a long story short I was fired because if the company had kept me they would have been fined 250 thousand dollars. They were real nice about it. They paid all my expenses to get home and told me they weren't firing me D.O.T was and to get a lawyer and take this to court so I could come back to work. As it stands now my career is ruined! Another trucking co won't touch me with this on my record and everything i've worked so hard for has been ruined by a lying D.O.T dude trying to save his job by cutting my throat! What I need to know is do I need to find a lawyer who specializes in trucking cases or just find a lawyer around home? Guess I better start job hunting soon cause I don't know if I qualify for unemployment.:biggrin_2557:
     
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  3. madbunny

    madbunny Medium Load Member

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    DOT doesn't hire, nor fire your company fired you plain and simple. :biggrin_25513:

    I've never been put out for OOS but I would think it would be in writing, like a ticket. Who has the ticket? :biggrin_25510: Besides if you left, you would have been hunted down like wild game for 2 miles unless it was in the dark and you slipped into the night. They never just let you leave if you've been put OOS.

    Secondly it doesn't make sense that your company asked about a OOS that wasn't document so you say. If it was documented and you believe the DOT and left shame on you, you should have called your company since the terminal was only 2 miles away.

    So which is it, were you ticketed or not?
     
  4. Tragic Magic

    Tragic Magic Light Load Member

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    Jan 9, 2009
    Albertville Alabama
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    All i got was a D.O.T inspection report to take back to the company showing the violations on the trailer. I was instructed to turn it in to the shop to be faxed in to safety which I did. No tickets
     
  5. jtrnr1951

    jtrnr1951 Road Train Member

    I would speak to an attorney. I don't know if I can list one on here or not, but there are attorneys that handle these cases. Theres a good one in egan, minn.
    I sent you a private message......Every once in a while, not often, the driver is right.
     
    Tragic Magic Thanks this.
  6. KCGuy

    KCGuy Light Load Member

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    Sep 20, 2009
    Kansas City, MO
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    I am thinking of going to driver school and work OTR but if it is that easy to be fired and ruin your record, I am having second thoughts.
     
  7. Rollover the Original

    Rollover the Original Road Train Member

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    Springfield,MO
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    This is sounding a little weird! There is a box that is checked that says check if put OOS. If Mr DOT didn't check it then whats the problem! You weren't put outOOS and as Madbunny said you woudn't have gotten far and your company would have been notified by the DOT scales wanting to know where you were! Even tragic's safety dept knows this! I'd get a lawyer, one who works for truck drivers and I would recommend you get in touch with OOIDA for a name as that's all they do.
     
  8. IROCUBabe

    IROCUBabe Road Train Member

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    ... Did you get that in writing? Like over the QC?
     
  9. packerfan11

    packerfan11 Light Load Member

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    May 11, 2009
    Columbia City, IN
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    They are right, you have to have it in writing to put you out of service. If you wasn't, DOT cant get you fired anyway, it was all your companies doing to at saving their bacon from something....I wouldnt know what. If your logs, you, everything legal other than a few glitches on trailer is not a firing situation. And DOT would not get in trouble as far as I know, cuz if you were OOS, it would be stated as such.
     
  10. TripleSix

    TripleSix God of Roads

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    Copied in Hell
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    Youre right. Something doesnt add up. Even if he did leave the scale, this would not warrant a $250k fine to the company. And youre right, DOT would have went to the company that very day.

    Might I ask what was in violation on the trailer? Airlines rubbing the frame? Thin brakepads? Automatic slack adjusters out of adjustment? Bad tires?
     
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