What to do if asked to drive illegally.

I ran across this posted in the report a bad company section. I thought it was very well written and deserved to be posted by itself. It was written by Rick G. I am posting it here without anyone's permission and hopefully, I won't be sued for copyright problems. Please be over 18 or get your mommies permission before reading it.

Firing because of safety concerns is illegal . You must have documentation but all an attorney has to do is gain access to bol's and scale tickets as part of his discovery . Poland Springs will not appreciate having proof they sent overweight trucks out of their facility .
http://asktheinsidersnow.com/2012/07...fety-concerns/
In this case the driver was only 360 lbs. overweight , had the extra weight taken off at the shipper and was fired after delivering the load .
On 1 Dec 08, Complainant was hired to drive trucks for Respondent. His first dispatch was on 2 Dec 08, hauling a load of meat from Greeley, Colorado to Wilder,
Idaho. When he took the load from the shipper to be weighed the ticket showed a weight
of 80,360 pounds. He did not call his dispatcher, but returned to the shipper to have some
meat taken off and bring the weight below 80,000 pounds. The load had to be unsealed,
an entire bin of 2000 pounds had to be removed and the load had to be retested and
resealed. Following that delay, Complainant drove only about two hours before stopping.
While off duty, he turned off his phone. He eventually delivered the load to Wilder and
on his way back to Colorado picked up a load of Christmas trees. After delivering them,
he returned to Respondent‟s yard and was fired shortly thereafter.
Accordingly, it is hereby ORDERED that Respondent:1. Reinstate Complainant to his former position without loss of benefits or other
privileges;
2. Purge Complainant's employment file of any reference to his protected activity and
discharge;
3. Compensate Complainant for lost back pay by payment of $840 per week from 8 Dec
08 to 25 Oct 09 and $128 per week from 26 Oct 09 to the date of reinstatement.
4. Pay Complainant interest on lost back pay in accord with 29 CFR § 20.58(a).
5. Pay Complainant $6,000 in compensatory damages.
6. Pay Complainant $10,000 in punitive damages.
7. Post a copy of this Decision and Order wherever employee notices are posted, for a
period of ninety (90) days.
8. Mail to each driver a notice that Respondent is prohibited by law from disciplining
drivers for refusing to drive in violation of commercial vehicle safety regulations and
either a copy of this decision or the URL for its posted location on the DOL website.


http://www.oalj.dol.gov/Decisions/AL...9_CADEC_SD.PDF


End of quotes from Rick G.

Make sure you are correct before you argue the law with a company, but it is important to know your rights and to do your duty. Had the driver carried an overweight load and had an accident. No matter who was at fault, the driver would have shared liability for haul overweight with his full knowledge. Plus by only hauling 80,000 pounds another driver has a job as a second truck had to haul the extra freight.

Again, thanks to Rick G.