Pushy Dispatcher threatens to fine me $600 is it legal?

Discussion in 'Experienced Truckers' Advice' started by jimbo33, May 29, 2024.

  1. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    As far as splitting the hair of “they just won’t pay” vs they can’t fine you. It the same thing. They aren’t requiring him to write a check. They are docking his paycheck the amount owed
     
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  3. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    There are VERY limited circumstances.They cannot say "If you don't do something we will fine you." Under NO circumstances is that legal. This is a free country. I don't have to do a #### thing I want to do for my employer. Fire me if you, but you better not FINE me.
     
    Last edited: Jun 2, 2024
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  4. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    That is the exact same thing. They can't "dock his pay" for failure to do something. That is STEALING HIS MONEY. The law states you can have your pay withheld for ONLY TWO REASONS. One, you agree to it, like a xmas fund. Two, a judge writes an order. THAT IS IT. I've stated this more than once now, PLEASE READ. You obviously need to learn something, too.

    Can My Employer Dock My Paycheck as a Penalty?

    There is NO difference btw money you have and money you have earned. If you have earned it and your employer still has it, its legally yours so them "withholding your pay" from your paycheck without a legal reason is just like they are stealing it from your account. You can get the law involved if you wish because stealing is stealing.

    He doesn't owe them a #### thing. He was on off duty time and they threatened to fine him if he didn't run a load. That is not OWING anyone anything. Unless, in the very rare event that they prepaid for him to run it. Then that changes things. But then all they could do was take back what they paid him. They can't "punish" him for it.
     
    Last edited: Jun 2, 2024
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  5. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    You did not look at the fair labor and standards act did you?
     
  6. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    Penalties for Violation of a Workplace Policy | ConnectPay

    Also I assume you spent no time in the military either. I’m sorry but you are wrong. There is no need in getting snotty and snarky. It’s very rude and makes you look stupid.

    The link I posted said that docking for punishment is controversial. Not illegal.
     
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  7. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    You linked to a blog LOL I linked to a legal websites law library. My legal website clearly states it is not legal to have pay docked. Sorry you are wrong. Don't just google what you want to say and then copy the first link you see. It makes ya look kinda, well, lets just say desperate. LOL It's really absurd how many people think your employer has a right to your money more than you do. REALLY absurd.

    Nowhere in the FLSA does it say they can withhold your pay if you refuse to do something they want you to do. SHOW THAT TO ME IN A LINK OR QUIT CLAIMING IT. Don't tell me to go find it, its your claim, YOU back it up. And not with a blog. With a REAL source. Anyone can say anything in a blog.

    You don't seem to understand, as I've stated several times in this thread, I've already done this. I have years of research and legal studies about this ahead of you because I've been directly involved in something identical to this. And unlike yourself, I spoke with an actual government employee personally on his cell phone, who worked for the department of labor and wages division, about the laws regarding taking your wages without your permission. (fining you meaning withholding pay you've already earned). He said, as I have stated many times already, it is illegal and companies can be fined, FOR REAL, bigly, by the federal government if they try this. And if its enough money, and it can be proven who did it, someone can go to jail for it.

    He told me if they take money, sue them and they'll have to stand in front of a judge and explain why they thought they had more right to your money than you did. He said that NEVER works in favor of the employer, and he'd been working for labor and wage for 14 years according to him.
     
    Last edited: Jun 2, 2024
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  8. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    Fact Sheet #70: Frequently Asked Questions Regarding Furloughs and Other Reductions in Pay and Hours Worked Issues.
    sigh***
    And you linked nothing that I saw. I don’t entirely know what point you are trying to argue. I did not say they could in this instance. I don’t know enough about the situation. Only that they can in certain situations. Also you said they can’t write it into a contract. Well you have proven yourself wrong. You just stated they can’t without your permission. Signing a contract is giving permission. Is it not?
     
    Last edited: Jun 2, 2024
  9. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    I think maybe you are extra sensitive to the situation. I don’t believe anyone said it was ok. But you come in making just as broad statements as you accuse others of.

    1.) I believe you said they can not write service failure fines into a contract. That’s just flat out wrong.

    2.) you say they can not dock his pay. That’s only partially true. In certain circumstances they can. Is this one of them? I don’t know.

    3.) you say it’s against the law to dock pay as punishment. Well how about you tell the US military that. They can and will dock pay as punishment. Your employer can as well. Again under certain circumstances. Which is probably spelled out to you by HR when you hire on. And by agreeing to show up to work you are agreeing to that “contract”. Was that explained to the OP? Doubtful. But I don’t know. And I doubt you were there for his HR meeting.


    So in short. Stop being a blow hard. Just the facts ma’am.
     
  10. MGE Dawn

    MGE Dawn Road Train Member

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    This. I think the best known example of such a fine we all know about is detention. Per the contract that is signed to transport a load, the customer has a certain amount of time from check in (assuming check in and appointment time are the same) to get the truck on a dock, load/unload, and cut the truck loose. Once that time allotment is exceeded, the customer is then fined at an hourly rate, which any company worth their salt will pay a portion of to the driver.
     
  11. MGE Dawn

    MGE Dawn Road Train Member

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    Let's leave the military out of this... they're a weird animal, and don't have to abide by a staggering number of civilian laws regarding pay, building codes, CDL licensing, and a handful of other things
     
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