2 issues: "Conflict" preventing job move from LTL to another LTL

Discussion in 'Trucker Legal Advice' started by KW Cajun, Aug 28, 2013.

  1. KW Cajun

    KW Cajun Road Train Member

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    I'm not sure how best to word the title, but once I explain hopefully you will get the full picture.

    I currently am employed by a smaller LTL, but very unhappy due to low pay, less than honorable business practices, and their efforts to alter documents/timestamps to make me, the driver, be the one causing delays in my freight load/transport. I having an applied to more reputable well known LTLs, one in particular, and was really looking forward to an interview and subsequent hiring.

    Now I spoke with a close business associate of my LTL, who is "in the know" about my current LTL's inner operations & dealings, who tells me that the prospective LTL will not even consider hiring me if they see on the application that I presently am employed by "my LTL". The reason stated was that my LTL and the other LTL do business regularly together, in handling (networking) freight, and that they have an agreement (presumably handshake/unwritten) that either LTL will not hire current employees of the other, to prevent an employee loss to whichever "originating" LTL.

    This highly upset me. Does this mean there is NO chance for me to be employed by the prospective (better) LTL? Mostly tho, can this even be legal to do to a worker??

    2nd item in question,
    I also recently learned that it was verbally spread virtually throughout the company to all levels of staff/drivers that I was "very slow & screwing off" after getting most all my load dispatches, causing my runs to take longer than normal. First off, it's a blatant lie. In the past few months, on many occasions, I have observed that my LTL has been timestamping my load dispatch looong before my trailer is even finished loading. (Info: I only drive, I do not handle any loading/dockwork)

    Just yesterday, my manifest was time-stamped 9:15 pm, however I watched my trailer still being loaded at 10:05 pm and was finally finished at 10:10 pm (almost 1 hr later). It had been always known to me that the manifest should NOT be time-stamped until that trailerload is 100% loaded and ready to be pulled from the dock. My LTL is "fudging numbers", so it appears.

    This only points to one thing, any way you cut it... it sure looks to me like solid evidence that the company is purposefully trying to slander me, discredit me, and blatantly falsify documents to make it certainly "appear" that I am the one lolligagging for that extra hour or so, after load dispatch, before pulling out of the terminal.

    Tired of this crap... Do I have a strong case, or what?
     
    Last edited: Aug 28, 2013
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  3. Ridgeline

    Ridgeline Road Train Member

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    OK you have a chance, first thing to understand is that your present company can not say anything more than what you did and how long you worked there. Anything beyond that is sort of off limits, but I have to caution you that you would have to prove it without a doubt what was said.

    On the other part of the question - yes it is legal but it is not ethical. See if there is an agreement or some sort of practice going on behind the scenes, it would have to be proven that it stops you from obtaining work but with that, I would just apply and not worry about it until you are rejects.

    Or what?

    I honestly don't see what you are getting at, you can't sue because it is relative and I am betting that you don't have any log or records (not your DOT log) that you use to document this crap, do you?
     
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  4. BJnobear

    BJnobear Heavy Load Member

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    You might have to go to a OTR TL company for a year, then re-apply at the LTL you want to work for. But you don't have a court case there. It sucks I know, but trucking is a business that attracts the crooks to it like flies to poop. So many ways to pad those pockets.
     
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  5. KW Cajun

    KW Cajun Road Train Member

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    I realize that my present company has legal guidelines about what they can disclose about my employment. Most go by these, but when it comes to two "close" companies, I'm sure there's no telling what "extras" can be communicated "off the record". As for proof, seems like that would require a deposition, unless the person doing the informing would be willing to testify to the same words, on my behalf. That's what I understand you are saying.

    Not quite sure how/what "relative" relates or means, in this, as an "out" against a suit. Records are the documents by my company (timestamped manifests), same with the receiving company, and my log of dates and discrepancies between timestamp & actual time loaded. My DOT log is part of that, but not sole documentation. Seems to me that when an employee is discredited in this manner, in whole or part by falsifying load timestamps, that would be a huge legal "no-no".
     
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  6. heyns57

    heyns57 Road Train Member

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    I drove for Tri-State Motor Transit in the late 1960s when they were growing fast and hauling munitions for the Vietnam conflict. Several of my co-workers were former Willis Shaw drivers. Rumor had it that TSMT Pres. George F. Boyd would not hire a Shaw driver until they had been gone from Shaw for at least one year.
     
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  7. KW Cajun

    KW Cajun Road Train Member

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    I wish I could go OTR for however long I wanted to, but unfortunately I have to be home daily for a loved one's medical condition.

    I figured it wasn't the first time this type of "employee stealing" agreement has happened. Thx for confirming (via rumor anyway) of that one. I dread a year "dead-zone" without being able to go directly to the company of choice. It wouldn't be bad if I could just leave here and be at the other within 30 days, max.
     
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  8. ZVar

    ZVar Road Train Member

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    My thought is that if the other ltl company plays the good 'ol boy game with your company, what makes you think the move will improve your job?

    -Steven
     
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  9. KW Cajun

    KW Cajun Road Train Member

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    I'm pretty certain that wouldn't be an issue in this particular case. The two companies are like night & day. Total opposites in management, reputation, how they operate & treat their employees, and virtually every other aspect, except "they both transport freight". The management of the prospective LTL has no real love for my present LTL, except for that possible mutual employee "hands-off" agreement.
     
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