Employer possibly paying me wrong, possibly made to break DOT HOS by termination, public safety??

Discussion in 'Questions From New Drivers' started by TecEx, Feb 24, 2023.

  1. PaulMinternational

    PaulMinternational Road Train Member

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    I will say this again..

    its your license, commercial or not. Risking it on what someone else says is foolish.

    Anytime you operate a vehicle for work purposes ensure you know the laws involved and anytime there is a DOT number or any type of regulatory number on the vehicle be extra cautious.

    Remember, if something goes wrong your Burts going to be named in the law suit as well as his.

    I wouldn't hesitate to tell anyone I am not fit to drive right now. I ain't doing It! Its not safe! I would also welcome any repercussion that might follow those words with open arms any day compared to the alternative that could be at play if an accident were to occur!
     
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  3. Eddiec

    Eddiec Road Train Member

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    Based on your description of your boss - sounds like the kind of person, who would show up to the hospital if you were sick or injured, to get the keys to the truck. Good luck dealing with this nightmare!
     
  4. TecEx

    TecEx Bobtail Member

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    Also there is no allowed time for rest, you either rest when there are no Jobs and your not working hourly during open office time. I worked 8am- 4am the following morning a few days ago, called my boss and said I was too tired after working a average of 17-18hr days the past 2 weeks with the recent ones being like 20hrs. Then he said nope, he needed me so from 8am-4am comission/on call/dispatch, I went in at 8am- 5am the next morning as well. That's when I worked a wreck and the cop called saying I needed sleep. So I had a possible sleep time of maybe 5 hours in 48 hours. And that's with the work phone still ringing for possible quotes and jobs. Your rest isn't consecutive, nor is your work. You could be in the truck literally 24 hours towing with no sleep and they expect that. Or get home and take a shower and get a call an leave again. So I don't understand with being dispatch as well as a driver with a required response time an no alloted consecutive rest period free from the truck or obligations of handling all buisness matters after hours while still working normal hours. How could that be okay?
     
  5. Chinatown

    Chinatown Road Train Member

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    I know what I would do and that's get a cdl and start making decent money somewhere else.
    Why keep fighting it where you are now. You'll never be able to climb out the financial hole you're in now if you stay there. You sure don't want to get old and have nothing because you wasted your working life working hard just to make someone else rich.
     
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  6. TecEx

    TecEx Bobtail Member

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    And that's what I did, he tried to get me to come in for on call later that same day and I said no. And I went in the next morning and he pulled me aside basically confirming my suspension by saying it's not okay that that highway patrol called about my hours and being tired and literally losing his mind which I had never seen. Because if it wasn't a issue why would the officer do that? And why would he be losing his cool over me doing what he said. So I stood my ground and told him all this was sketchy. That I wanted a breakdown sheet of what is paid in comission, that I also wanted paperwork regarding my vehicle and equipment to know value and weight as well as towing capacity. That I also wanted paperwork regarding any regulations on securing vehicles to the bed and polices and procedures from state to federal levels since no one would give me the same answer if any verbally and that there's nothing wrong with wanting documents that protect me as well as him.

    He freaked out worse said he won't have me acting all high and mighty when I can't perform my duties and know nothing when he's been doing this 40 years. And that I get paid what I'm worth not a dollar more and that's that and hes the owner so i do what im told or im not performing my duties.

    So when I said no its not he told me to get my stuff and get out that I couldn't document anything as I walked into the office to get my info and that they would figure out what I was owed and since I was no longer employed I couldn't be on that computer.

    So I took it and walked out, all I said was this shows me I don't need to be here. What you said about not caring about my family and being robbed, etc and that I inconvenienced him with my personal life told me I shouldn't be there and that this is the lesser of evils.
     
  7. TecEx

    TecEx Bobtail Member

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    Dude when I was passed out and randomly gave the day off he sent a coworker to wake me up and grab the on call stuff to run the buisness and said he deserved a phone call and shouldn't have actually taken 24 hours off. He never once asked if I was okay, if we could somehow make things better, etc. It was your not working enough, being tired isn't a excuse and when you can miss calls and sleep depends on when we say you can. Wether that's a day off or until you drop.
     
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  8. Chinatown

    Chinatown Road Train Member

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    Where are you located; state & nearest city/town?
    If we know your location, then might have some leads on non-cdl trucking jobs or trucking companies with CDL training.
     
  9. TecEx

    TecEx Bobtail Member

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    Oh he fired me for asking questions and a officer calling and saying I was overworked and needed rest. That cop showed more worry than my boss. Honestly I just don't have a good position right now. It was paycheck to paycheck. So I'll probably just go back to commercial an residential construction or restoration like I did for so many years and certified in specifically water mitigation and restoration. I understand it, good at it, this was just a shot in the dark on something out of my wheelhouse. And it's just until the equipment gets here for my and my partners company and everything wraps up In the next month or so.

    This just happened a few weeks before I needed it too..
     
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  10. PaulMinternational

    PaulMinternational Road Train Member

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    Hopefully you can take something from this experiance and use it for the good going forward
     
  11. Ridgeline

    Ridgeline Road Train Member

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    OK irregardless whether you have a CDL or not, anything over 10k falls under FMCSA regs and most states will follow them or have stricter regs.

    Now unless you are in Texas where it is weird regs, here is how it is figured.

    MOST states (not counting Texas) has a limitation of working/driving hours even for non-CDL drivers in over 10k GVW.

    SO .... Your WORK TIME 8am-5:30pm counts against your DAILY 14 hours of work (including your lunch so that's 8 and a half hours on the clock). This means that you can't be driving at hour 14 of your work day without a reset - 10 hours is what I am told has to happen. This means your call time ends when hour 14 is reached and you can't be called on hour 14 and expect to jump into the truck.

    Now I don't know about towing that much, there are some, not a lot but some exemptions on pay and hours, here I know they can't work the drivers beyond 14 hours because there was a hell of a lawsuit when a two driver fell asleep with a pickup on the bed and killed someone. So states won't let a driver get so fatigue that he a danger to others, and this is one thing I think is not exempt.

    What I would do is consult a lawyer for possible lawsuit for wrongful termination (it doesn't matter if it is a at will state) and talk to your state to see if you can file a complaint against the company for violating labor laws.
     
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