Fired for no reason

It is not illegal to smoke in the truck EXCEPT in certain states which view the truck as a workplace. Only NY and CA AFAIK.

 

what?!?!?! you know what kind of fine you get if you are caught smoking in you truck in ny or cali?? and please tell me the cops dont really inforce this law...How the hell can someone tell you not to smoke in your own vehicle?

 

Can't speak to NY but, in Cali trucks are exempt from the workplace smoking laws, as are certain other areas.

It's strictly up to the employer

........Jim

 

Did they haul Haz Mat?

 

It is the law in my jurisdiction. A truck is the workplace and there is no smoking in the workplace.

I offered to stop half way there so the guy could smoke.

He was also the trainer but had his Truck Driver license from before there was testing. He would mark me on things like progressive shifting but admitted he had no idea what it meant. The other trainer I had at this company was amongst the most aggressive drivers I ever saw. Stop signs were california stops and the guy had serious road rage.

Point is, it doesn't matter. While you are out there with the trainer, shut your gob and smile and once your probation period is over then you can speak up. Hopefully the trainers bad habits and bad manners will be lost on you.

Sad but true!

 

The guy's profile said he lived in canada, it may be illegal there to have smoking in your work center and most decent companies don't pair up non smokers with smokers for training. That truck is not only you home while on the road but a work center. A smoker shouldn't be forced to put it out in his home on the road and a non smoker shouldn't be forced to have a work center filled with smoke. Good sense is all it takes...the place he worked didn't use it.

 

Unfortunately, the cops in the Peoples Republic of California DO enforce this law. A few years ago, an owner op friend of mine was cited for this in a truck that he owned, with a cig burning in the factory installed ash tray. He went round and round with the cop about this... saying obvious things like... "sir, you're telling me i cannot smoke in the cab(place of work)... but my sleeper is my home...so I can move 3ft back and then smoke"?

He told them(the cop) to send the citation to his home address... it didn't work...he had to pay before he left $300... as they(cops) knew he would NEVER pay and NEVER return to Cali again... EVER (mind you, this was way before CSA2010) funny, have to remind him of that next time we talk.

 

Then the cop was wrong;


Workplace Exceptions ;


Truck cabs or truck tractors, if no nonsmoking employees are present


Here;

http://lawzilla.com/content/ca-emp-015.shtml



.......... Jim

 

Also, I'd like to see proof that California law enforcement is allowed to force you to pay on a citation on-the-spot. That strikes me as horse hockey.

A speeding ticket in California doesn't even have the amount of fine listed on it, because jurisdiction determines fine, which means it has to go through the court before it gets mailed to your residence to be subsequently paid by you. (Don't ask how I know).

I wouldn't put it past a crooked cop to pull sheisty stuff like this, but crooked cops are less People's Republic and more Godfather.

 

I don't know if they are allowed to send you to the court house to pay it or not. As a native of this once great state I've never heard of that happening.

BTW you're right, the tickets usually don't have the fine listed on them, just the court date which is about 30-45 days out and, I dont think that anyone was worried about him coming back either.

If he didn't take care of it (by mail or otherwise) it would have shown on his driving record as an FTA and warrant from CA (CSA 2010 has nothing to do with it, there has been a national cross reference for CDL holders since 1992)

I suspect it was one of those things that start out with "you ain't gonna believe this sh--" or "once upon a time"....


........... Jim


BTW - that's one of the problems regarding CA .... to many people telling stories and spreading rumors because they THINK they know how it is. Not to say that it isn't a lot of fertilizer most of the time but......