Well. I had already said pretty much all I had to say on the subject and my opinion hasn't changed despite a lengthy telephone conversation with the Angry Otter.
Information given to him is open, public knowledge. There is no secret.
BlackW900 eloquently sums up my stance on this case.
Any Drivers Pressured to Violate DOT Regulations
Discussion in 'Trucker Legal Advice' started by truckersjustice, Sep 1, 2011.
Page 16 of 19
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no one pressures to drive illegally....

I do it cause it's fun.......
I put it in small print so Diesel Bear won't see it
bullhaulerswife Thanks this. -
If that FM did not receive any sort of censure from Prime, that in and of itself would show collusion on Prime's part. However, that does not negate the responsibility of the driver to do her JOB! Even BEFORE this whole mixup.
And I was given incorrect information. -
Is she doing the job when she refuses to drive in weather she judges to be hazardous based upon reports from other drivers, personal observations of whether conditions, telephone calls to DOT and watching weather reports at Reno on television?
Or does she have to be a super trucker like the one in the Red Sovine song who tried to get home to Teddy Bear in the blinding storm? -
Oh, puh-lease.
Perhaps if I had said "done her job all along," it might have been more clear.Last edited: Sep 12, 2011
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She seemed to have a major problem doing the job when road and weather conditions were perfect as well.
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(But that was a good one, Counselor...)
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And you know this.....how? Her DM said a driver could have a good week and a bad week from a miles perspective. So if she averaged 1699 miles per week, you don't know that she didn't run hard when the weather permitted. You're only assuming because she overall averaged 1699 that she never ran any hard miles. Maybe she ran 1,000 miles one week when the weather was bad. I posted a summary of the weather conditions in all parts of the country in the fall of 2008 that said it was bad in most parts of the country, from snowfall, ice, high winds and tornadoes. You and others would know this if anyone had bothered to read it. And maybe during the periods where weather permitted she ran over 3,000. All a L/O has to do is get shut down due to bad weather over a short period of time to find him/herself in arrears due to low miles. Sometimes those good trips don't fall right on your pay. And if you're a lease operator, you know this can happen. Once you're in arrears, it's very hard, especially if the weather stays bad, for you to get out of the negative, no matter how determined a driver might be to run.
Plus no one here knows how she ran for the other companies she worked for prior to New Prime, Inc. So to say she was a sub par driver is assuming an awful lot. There's no documentation or testimony that she had an accident history or citations or write ups, so going by this, I'd assume they had nothing but the refusal to drive and her negative balance being the issues. If it was her negative balance, as they state for reasons for termination, as the judge commented they had ample time to terminate her previous to this incident. They could have stated she had too many service failures, but they didn't. So I can only assume that she was terminated because she challenged her DM's threat to not shut down again or else she would be fired. She did shut down again and her DM got pissed off by her decision and let his personal feelings cloud his judgment by recommending they terminate her.
According to the decision by the company, they didn't even let her explain her side of what transpired. There is nothing in the court case that indicates any communication with her and those who had the authority to terminate her, except the say so of her DM. Having gone on the recommendation of her DM and not hearing her out, they made themselves culpable, especially since they decided to terminate her before she was back at the terminal.
I find it kind of sad that those on this forum don't understand the reason why drivers are treated like crap is because no one cares or is sympathetic to those who stand up to it. It hasn't happened to you so it's plausible that this driver was as the company stated. Wait until it happens to one of you, you'll be singing a different song. And because of this apathy, the treatment of drivers continues to be the status quo. Nothing will change because some of you imagine that this loyalty you show to the company is somehow going to immunize you from any repercussions should you find yourself in a similar situation. The odds are good at some time in the future, some of you will be in a situation similar to this driver and then you'll remember what was discussed on this forum.scottied67 and truckerdave1970 Thank this. -
Snide, intentionally punitive remarks are the same as name calling...and BTW "primates" is a common term both inside and outside of the "Prime" family...not "name calling"!
Addition-subtraction problems here? Time lines are not your forte now are they?
The difference is merely one of basically semantics...either term is indicative of one without complete training to be considered a solo driver. One difference...having passed the written and drive test through the DMV and having the CDL in your pocket...still without enough training to be a solo driver, and therefore insufficient to be considered sufficiently knowledgeable or capable of handling a big rig in severe winter weather.
Hypocrisy? NAH...it's OK for you to decide to shut down but not another driver?
A little late in the dialogue!
I think you're good buddy U2 already used the phrase...."reading comprehension skills"....you and someone else took it upon themselves to determine something that was never mentioned, or attempted.
OOPS....shouldn't have said that....maybe you just made the case of punitive damages right there!
Way to go IP!!!!
I OBJECT! Assumption of facts not determined, intoned, and no evidence or testimony to conclude this statement to be accurate!ironpony said: ↑She seemed to have a major problem doing the job when road and weather conditions were perfect as well.Click to expand...
In fact...weather documentation, as presented proves otherwise! -
From what I recall reading about the case, knowing what teams average at Prime, and what my production averaged as a solo driver during that same period, IMO her performance just plain sucked.TruckrsWife said: ↑snip...
So if she averaged 1699 miles per week, you don't know that she didn't run hard when the weather permitted. You're only assuming because she overall averaged 1699 that she never ran any hard miles. Maybe she ran 1,000 miles one week when the weather was bad...Click to expand...
The both of you can continue splashing your comments around on this, but neither of you have pulled a mile for Prime - while others of us have. Knowing how our organization works allows one to make qualitative judgements on another drivers performance.
Since both of you ran for Swift and are making the same sort of qualitative judgements - here's one for ya: Swift must totally suck if you think that her performance was at all adequate.
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