truck is residency/employer

Discussion in 'Trucking Industry Regulations' started by weirdpuckett, Jan 24, 2012.

  1. weirdpuckett

    weirdpuckett Heavy Load Member

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    Here is a thought I want to throw out here . . .when these companies hire folks in an OTR condition, they are really establishing a sort of "landlord/tenant" relationship-as well as a "employer/employee" relationship right?
    Why then, is it so easy for the "landlord" to evict?The laws on firing somebody in this setting should be equal to or more stringent than what we currently see in an apartment/home right?
    Afterall, the driver risks losing a home AND his employment in one swoop right?
    Your thoughts . . . .
     
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  3. passingthru69

    passingthru69 Road Train Member

    How are you losing a home?
    When you fill out an app. with any place of employment you list a home address.
    The sleeper in THEIR trk. is provided so you have a place to sleep and they do not have to pay your motel costs everynight unless the trk. is in the shop.
    You get canned you pick up the pieces and go to your home or the next employer.

    You are an employee, not renting a place to stay.
    Even on some big farms and ranches they provide a place for you to stay when working for them.
    You quit or get fired, you have to move out. No if's ands or but's
    No matter how cold it is outside
     
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  4. Tazz

    Tazz Road Train Member

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    Not really. If you choose to not have a physical residence that is kind of your choice not a companies.

    They are providing you a piece of equipment to do a job that has a space designed to facilitate that job( needing it to complete your duties, and being the cheapest alternative) of delivering goods across the country. It is not providied as a residence though some treat it as such. While I do have. A TV, and radio I would not term my sleeper a residence. It has no physical adress, it is incapable of obtaining one and still being functional.
     
  5. Wyatt12

    Wyatt12 Bobtail Member


    i think u need to look at a landlord/tenant definition. a truck is not a residence. you serve at the pleasure of your employer, who can get rid of you when ever they wants to.
     
  6. ECU51

    ECU51 Heavy Load Member

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  7. prime rib

    prime rib Light Load Member

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    A buddy of mine got fired when he was 1600 miles from home.
    They told him to go to a nearby truck stop, clean out his truck,
    and wait for a flex driver to come by and take the rig.
    They said they would give him bus fare home.
    Trouble was he had his briefcase, CB, TV, blankets, clothes, etc., etc.
    A little hard to carry all that home on the bus don't you think?
    He wound up selling most of it there at the truck stop.
    But hey, it's not just a job it's a lifestyle right?
     
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  8. Tazz

    Tazz Road Train Member

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    Oh I would say he probably really annoyed someone. Who knows may have been a scum bag company. But one should always be ready to pack. Fed-Ex has boxes where you can ship your stuff home.

    I would say two lessons could be learned from this.

    1) Always carry enough money to get your own butt home.
    2) Don't work for a company that you may need provision 1!
     
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  9. Cowpie1

    Cowpie1 Road Train Member

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    It seems that such a situation is really drastic to demand a driver clean out the truck 1600 miles from home. That driver had to have really messed up. I have been at this for 3 decades and whenever I have seen a driver get terminated, it was always at the terminal. You have to be a major risk to have the carrier decide it wants you out of the truck NOW! You get what you deserve.

    But then, I haven't driven for any bottom feeder company.
     
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  10. passingthru69

    passingthru69 Road Train Member

    Several things might come into play fopr getting fired away from term.
    Drugs, major wreck. You get the jest of this.
     
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  11. tscottme

    tscottme Road Train Member

    Most fallacies begin with the wrong premise. You're getting hired to drive a truck, not establishing a tenant/landlord relationship. You are governed by the FMCSA regs not real estate law.

    This is why it's very important to not take advice from truck stop lawyers, but you should actively avoid them. If you don't they will say things that kind of make sense to the untrained and you will get in trouble when you use that info.

    This is why I get angry when drivers do anything possible to never ever read the dang regs. Instead they just keep asking random strangers until someone tells them what they wanted to hear.
     
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