Can a previous employer send my old logs to DOT as a punishment?

Discussion in 'Trucking Industry Regulations' started by Ghia, May 28, 2013.

  1. Ghia

    Ghia Bobtail Member

    3
    2
    Aug 19, 2011
    Abq, NM
    0
    I have a question, Can a previous employer ( I quit them almost 2 months ago) send my old logs to DOT now that I filed a labor dispute? I didnt receive my final paycheck.. or actually the pay stub said 0.00$ as they claim I damaged their equipment. Labor dept says they cant take my pay to satisfy any damages as that is a small claims issue seperate from pay.

    They are threatening to dig up any old dirt on me by the truck GPS and log entries that they can and send them to DOT for any violations I might have buried in there by chance. Currently my record is clean with no accidents or tickets...What are my options on this? Thanks
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. RickG

    RickG Road Train Member

    12,812
    6,136
    Jul 22, 2008
    Owensboro , KY
    0
    If they did that they'd be the ones cited for allowing you to violate HOS . It would invite FMCSA to come in and do an audit and check all their logs . Tell them to go ahead . It's a bluff .
     
  4. scottied67

    scottied67 Road Train Member

    10,818
    12,622
    Mar 14, 2010
    california norte
    0
    I believe the authorities would only be interested in seeing the past 7 days plus today's worth of logs. Even if they did pop you for a violation to the tune of $2250, the carrier would be slammed by about $11,000 for the same violation so it does sound very much like a bluff. Assuming they do turn in the logs, which they won't lol, you could compare them to the copies of the dates in question with your copies.
     
  5. MNdriver

    MNdriver Road Train Member

    7,985
    4,372
    Feb 24, 2012
    0
    call their bluff.

    The labor board is correct. They cannot withhold your pay
     
    airforcetoo and drvrtech77 Thank this.
  6. scottied67

    scottied67 Road Train Member

    10,818
    12,622
    Mar 14, 2010
    california norte
    0
    Triple Dog Dare them to turn in your logs lol.
     
    drvrtech77 and airforcetoo Thank this.
  7. CondoCruiser

    CondoCruiser The Legend

    19,726
    18,734
    Apr 18, 2010
    Tennessee
    0
    Just like Rick and MNdriver said. The company is responsible for log compliance just as much as you. There are plenty aware of how you were driving and turned their head. It would be stupid for them to try and report you.

    Paydays are totally separate from any other issues. They can't play Judge Joe Brown and withhold damages unless you signed a pre-employment agreement. Some of these clowns will wait until a driver wrecks and then they take them in a back room and forces you to sign a promissory note or get fired. That is coercing and is also illegal. Without a pre-employment agreement their only course of action is a civil suit.

    The labor dept will tell them to pay you or face like a $10,000 fine. I'm sure you will get your money. About the logs reiterate to them they will get in more trouble than you.

    I have a feeling this company will leave as much dirt on you as possible. If they are a small outfit try and find a phone number that is out of service for an application. :)
     
    airforcetoo Thanks this.
  8. hoss7071

    hoss7071 Bobtail Member

    36
    17
    Apr 17, 2012
    Mobile, AL
    0
    I agree with the other commenters. Companies who threaten to dig up log violations on you to DOT, are foolish. They can't tell on you without telling on themselves. With the DOT blitz coming up next week, if they're stupid enough to do something that paints a giant target on every single one of their trucks that hits a weigh station that screams: "HEY DOT, PLEASE PULL ME AROUND AND CHECK MY LOGS" You did the right thing by quitting when you did. Call their bluff. They'd be on the hook for far more money than you'd be.
     
  9. airforcetoo

    airforcetoo Heavy Load Member

    892
    216
    Oct 4, 2011
    Up in the air
    0
    What is wrong with ure logs?
     
  10. mtoo

    mtoo Road Train Member

    1,935
    4,500
    Jan 15, 2011
    Retired on bended knee
    0
    Who is this company? Others may want to steer clear of them.
     
    airforcetoo Thanks this.
  11. Ridgeline

    Ridgeline Road Train Member

    22,386
    116,280
    Dec 18, 2011
    Michigan
    0
    Just ignore that threat and document it, send it to the agency that is handling your claim as an indication of retaliation against you for the complaint.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.