Coercion Law Clarification

Discussion in 'Report A BAD Trucking Company Here' started by RubberDuckie, Dec 12, 2019.

  1. RubberDuckie

    RubberDuckie Light Load Member

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    I'm not a know it all so I figure perhaps I'm wrong.

    The company hired her on to do team runs with UPS. The did a bait and switch apparently and pushed her into doing some by herself. They tried to stick her with a run from Fort Worth TX to NC and she refused it because she was already in violation from having just done one and there was too much risk taking an 1100+ mile load. The company said she cost them by turning it down so are refusing some of her pay for work she completed. Is this coercion even though they aren't withholding to MAKE her do one? They are withholding because she refused to.
     
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  3. 28

    28 Medium Load Member

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    Coercion is in effect ... being led to believe
    that something very bad will happen to you
    if you don't do as you were "asked"
     
    Aamcotrans, x1Heavy and RubberDuckie Thank this.
  4. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Does she have a cdl? And how was she in violation from having done on of these loads? Yes they are wrong not paying her what is owed. But not coercion. If they tried to force her to do that load and she could not legally do it, that would be coercion. Is she an employee?
     
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  5. jammer910Z

    jammer910Z Road Train Member

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    DFW to NC is a good lane.
    She should take it.
    Turn that twice a week is 4200 miles.
    Dedicated and drop/hook would be CAKE.
     
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  6. RubberDuckie

    RubberDuckie Light Load Member

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    I don't know the details of whether shes an employee or 1099, I'll have to ask. From what I gather basically they tried to put her on a load she couldn't legally do right after having finished a long run by herself. She refused to take the load because she couldn't legally do it. Pretty simple. The only question since they punished her AFTER is that still grounds for a complaint.

     
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  7. NomadicVeteran0713

    NomadicVeteran0713 Light Load Member

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    First off, should have messaged Dispatch that she could do the load, but it's going to be late do to federal law, lack of hrs, even being exhausted from the previous run, to get some good night's rest.

    This way, they are responsible for the load being late, and you didn't refuse the load. Then if you still get dinged for the load being late. You have records and go head dm, then go to their boss.... so on so forth with the evidence, that I told them I would be late and they accepted that, so why am I being punished?
     
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  8. LoneRanger

    LoneRanger Road Train Member

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    Was she short on hours? Not understanding the issue
     
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  9. Upinsmoke

    Upinsmoke Medium Load Member

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    I can get multiple job offers by days end.
    I tell my dispatcher to take a leap..when they threaten me.
    I don't take any slack from dispatchers.
     
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  10. x1Heavy

    x1Heavy Road Train Member

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    If the wife did not have the hours to do that run by herself that is one thing.

    IT appears to be a GRAVY run for a Solo. A dab on 30, rest of it on 40. Or South Carolina by I20 to Atlanta and then up one of the three major interstates.

    There is not enough detail. What hours does she have left? Is the trip planning showing the load already late? Or will be late?

    What options to Dispatcher? Example find a team or repower the load somewhere (Effectively ending your pay loaded miles at the switch point where you two swap trailers) IF you have at least a 70 mph truck then there is no reason with drop and hook why you cannot bang out a 4300 mile turn each week. Whatever that pay was. At .50 a mile that's going to be right about 2150 gross. You will be too tired to spend it but that's what the 34 hour reset is for. Sleep it off however many hours to feel human, eat on the rest while taking some time for yourself spiritually and physically.

    If I am in the Baltimroe area with 34 to 48 (Old recap hours sometimes needed 48 hours to get 70 back if I ran 15 hours or more per day driving) There are differences between MY HOS of 2001 and YOUR current HOS which contains certain rules and limits I consider BS. Once you start your 10 hour run do NOT stop unless you have to for fuel. It really breaks the groove you are in that day to be productive in miles. 550 miles, sleep 8 get going for another 300 some odd miles before midnight. Bang out the remaining 250 or so. Go to bed 8 hours, roll on 10 hours. keep going until that 70 hours is burnt up in 5 days flat. 3000+ miles delivered a day early from say Yakima WA to Boston MA produce market with a load of Sunset branded onions. FRESH onions too. None of that tired 10 day crap you see in some indie stores...

    Running miles legally until you get some sleep is not corection, it's making money. Thousands of dollars of money if you were a team like we did.

    LA CA to Avenel NJ and back to LA in 6 days. That's 2930 one way pretty much 6000 round trip that paid .75 to the truck. $4500 gross a week. But since spouse was on training pay of only 350 gross and I was a trainer pay at only 2150 gross. FFE banks the rest of that money, a couple thousand per week in payroll that they did not have to spend. Which is why they loved putting trainer and trainee on that kind of haul.

    Its not a scam, just good pay for trainer, very little to wife trainee and they keep the rest. Now if you were REALLY smart you will take those runs with both Husband and Wife at .45 a mile each making 0.80 to the truck. $4800 gross, about 3100 net, 12000 a month, 162000 a year to the two of you in one household per year. If you both stayed out all 52 weeks with one day off each week until both of your 70 hours get back on recap. Which is faster than 34 optional reset.
     
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  11. Eddiec

    Eddiec Road Train Member

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    You are very vague in your description of events. When was she assigned the load? When was it due it at the consignee?


    Coercion
     
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