Black River Transportation, LLC - Lansing, Mi.

I went to work for Black River Transport October 6 2006. They didn't seem like a "bad" company, at least not at first. There was the usual Dispatchers LYING; you know, saying you had to be at the delivery point at a given time for an "Appointment" when no such appointment was ever made. But, all-in-all, they seemed like a good company to work for. AT FIRST.

On Nov 17, 2006, after spending the night in Reed City MI, delivering in Charleviox, MI, I was dispatched on a load from East Jordan, MI to Apopka FL (1530 miles) I had plenty time to deliver this load legally (as was the case with the majority of the loads). Sunday night (Nov 19) I spent the night on the FLA TPK near Opahumka FL, the closest spot to the delivery, but still about 60 miles away. I got up early to complete the drive. After delivery, I was dispatched on a Winter Haven FL to Durham NC load (about 800 miles if you include the starting point on the FL TPK as well as the "extra" miles I drove due to incorrect instructions and directions from the Broker).

I was never given any "specific" time to deliver this load.

Those not familiar with this area of Florida should know that Apopka is more-or-less a suburb of Orlando, with mostly urban area between Orlando and Winter Haven as well. Driving two directions thru the Orlando area is time consuming especially thru "Road Construction" season, and there is always traffic congestion going thru Jacksonville as well.
I did the best I could and spent the night somewhere near Florence SC, leaving about 200 miles left to drive.

In the morning, after I started driving, I found that the truck was not running right, the "Check Engine" light would come on, and the truck would lose power. After a few minutes, the "IDIOT" light went out and the truck would resume normal power. This happened continuously, at 7:30 am, I called dispatch and informed them of the problem, (I spoke to "MIKE") he asked me where I was, I gave him my approximate location (still about 200 miles from Durham). He immediately started yelling at me because I was "supposed" to make a delivery appointment in Durham at 8am. (HUH?)

He said NOTHING about the truck problems I had just told him about. After listening to him yelling at me for a couple minutes, I hung up and placed a call to "Steve" and left a message on his voice mail explaining what had just happened (truck problems and Mike's treatment). I didn't get any call back from anyone until about 4PM.

The following week, my miles were cut from about 3200 to 1900. NO PAYCHECK that week
Week 2; miles were cut again to 1100. NO paycheck that week either.
After week 2, I filed a complaint with the Michigan DLEG.
Week 3; miles cut again to 900. NO paycheck that week either. I called dispatch and was immediately transfered to "MIKE". Who started yelling at me for filing the Complaint with DLEG. During this conversation, he "fired me".
After waiting two more weeks for paycheck, I called "Trevor" who told me it was a "clerical error" that I hadn't got paid yet.
A week after that, I was transfered to "Steve" who told me that he didn't have to pay me because I have "filed a complaint" against them.

Since then, I have filed additional complaints against Black River with the US Dept of Labor for Discrimination because I believe they cut my miles and are withholding my pay because I refused to violate HOS regulations.

Since then I have learned that since January 2006, Black River's Driver OOS rate has tripled and is over double the National OOS Average.

 

Firing someone for refusing to violate (any) law is illegal as well, and is the basis of my Original Complaint with the USDOL. The MIDLEG (Michigan Department of Labor) didnt seem interested in that fact, only that they refused to pay me. I talked to the DLEG investigator last Friday who wanted further documentation for my claims (paystub showing rate of pay/cash advance fees and copy of re-imburse policy). He expects to have this finalized this week.

Documentation?? I have log books that show that my miles were reduced three consecutive weeks after I refused to violate HOS regulations, from an average of 3000 miles to 900 miles. It is simple enough to look at the average weekly mileage for other drivers during that same 3 week period. I havent heard from the US DOL Investigator, except a letter telling me what documentation I would need if it went as far as a "Hearing" at some point.

This is not the FIRST time I have filed complaint against an employer for refusing to pay, but the first time I filed a FEDERAL complaint against a company for firing me for refusing to violate HOS regulations.

 

Please NOTE: Black River PAID the State of Michigan Determination although I don't recall the exact date I got the check.


NOTE: I emphasized that Black River DID NOT participate in the investigation, they DID NOT provide the State of Michigan requested documentation, so the determination was based on my claims. I DID NOT get re-imbursment for OHIO tolls because OHIO tolls are not considered a valid employee expence by the State of Michigan, regardless of Company Policy in regards to toll re-imbursment.