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

Okay, well let's give some back story.

After getting back to the states after being deployed as he was in the military. He was screwed over and not paid money he was owed. This is after growing up a hard life that he probably wouldn't have survived without his friends after watching his mother pass in wreck where the car caught fire and he escaped, She did not. And his father was gone before he was born. His mother was also abandoned and didn't know her family and was a medic in the military most her life.
Dude has hardly ever worked and spent most his life in some kinda work program that's like jail or the military. And isn't well versed or educated in stuff like this and is very much a "do what he's told" guy. He was basically conditioned for that for 20 years. It also wasn't his first choice, his car exploded when leaving town and got stuck here. The tow driver and him had a conversation and he told him he was stranded and broke and they gave him a job.

Refer to my last post for anything else.

Execpt for me not caring if you believe me, there's alot more ways to get attention, pity or tout some random pointless crap. Specially when I went and found a forum I felt least likely these way older guys would ever see. And the younger management would never be on.

I just don't know what would make you think I'd do this for anything less than what I said. And I've literally only asked for information, like "here's my situation, anybody know about this, who do I call specifically since it's all parts of law, thank you, I know it crazy, appreciate it". Now if I was begging for a free lawyer, not saying how I'm talking to one, or saying "please help me I need cash cuz I got so screwed by this company" I'd get your logic. Or even if I was naming this company and people to shame and defame them which I have entirely avoided and given as little info on that as possible.

But if I'm lying why would I be? To what goal?

 

PLEASE READ ALL, I'M ORIGINAL POSTER.


I'm going to try to summarize this. I know it's alot but if you wanted to see this wrapped up this is probably the best it'll get.

START:

I was under extreme financial and emotional duress. Doesn't matter why, just know that this was due to economic reasons beyond my control. Everything I know love and had was in danger. And this during a medical family emergency with lives in the balance. Mentally I was already not all there and just looking for anything I could do. Maybe I just got lucky but I honestly always had good jobs and contracts so maybe I was mentally shaken and complacent in believing in employers after so much success.


Obligations off call were as follows:

~2 weeks consecutively work, 1 hour break, 8am-5:30pm(8hr 30min, paid hourly and OT), weekends off.
~Check personal phone for accepted jobs dispatched to you from office.
~Check AAA tablet for jobs dispatched, cannont reject if in area of operations, prioritize, ETA accordingly or refer to dispatched for needed redispatch due to ETA or out of area.
~Tow via flatbed and/or wheel lift
~In state and out of state
~Wrecks
~Impounds
~Pop locks
~Jump cars
~Change tires
~Gas delivery
~Winch out(vehicle off road stuck, operational or not)
~light mechanical roadside repair if possible.
~Take pictures as needed or notated by providers.
~Maintain a operational truck for long hauls( Fill gas, Def, oil, coolant, etc) as much as possible when in between calls.
~Fill out hand written tickets in between calls and slow time.
~Operate Tow vehicles from 10,000-20,000 pounds.
~Tow vehicles may include motercycles, sedans, vans, SUV'S, trucks, ambulances, 4 and 6 wheel vehicles, and utility vehicles.
~If a car for any reason may take extended periods to load due to damage or customization do not take time to load. Inform customer if waver nit signed we wilp not tow. Inform possible damage regardless of loading methods. Winch up once free of liability, pick up whatever doesn't make it up, or leave if no signature(I literally never did this, I always go the vehicle on damage free or no new damage)

On call obligations were as follows:

~2 weeks consecutively work 8am-5:30pm(8hr 30min paid hourly and OT), 1 hour lunch, then "on call" from 5:30pm-8am(14hr 30min, paid 25% commission)with no breaks except when no calls, no weekends off, can work from 8am to 8am consecutively if no break in calls.
~Take truck home and park on property
~Answer phones and tablets for job offers and bids in truck or at home.
~Enter electronically all information regarding call as needed in truck or at home.
~Fill out hand written tickets with data entered into electronic device in truck or at home.
~Accept all jobs from providers in network to and arrive at first call within 1 hour to maintain a completion rating over 75% and maintain contract. Timer resets to 1 hour when network que is cleared entirely until next 1st call in que.
~Accept, decline, or negotiate with all out of network providers. Arrive after completing all possible calls in network, police department, or AAA have been completed or pickup location and drop-off prove convenient to other calls.
~Accept and answer to all police department calls within 25 minutes to maintain 75% completion rating.
~Update all customers across all platforms of ETA.
~Operate Tow vehicles from 10,000-20,000 pounds.
~Tow vehicles may include motercycles, sedans, vans, SUV'S, trucks, ambulances, 4 and 6 wheel vehicles, and utility vehicles.
~Tow via flatbed and/or wheel lift
~In state and out of state
~Wrecks
~Impounds
~Pop locks
~Jump cars
~Change tires
~Gas delivery
~Winch out(vehicle off road stuck, operational or not)
~light mechanical roadside repair if possible.
~Take pictures as needed or notated by providers.
~Maintain a operational truck for long hauls( Fill gas, Def, oil, coolant, etc) as much as possible when in between calls.
~Call backup if ETA for in network providers, AAA, or Police department cannot be met or network providers and AAA become unreasonable.
~If a car for any reason may take extended periods to load due to damage or customization do not take time to load. Inform customer if waver not signed we will not tow. Inform possible damage regardless of loading methods. Winch up once free of liability, pick up whatever doesn't make it up, or leave if no signature(I literally never did this, I always go the vehicle on damage free or no new damage).

Things I have no issue with:
~Virtually all of it, I'm comfortable with alot.
~The normal off call office hours.
~Physical requirement, easiest I've ever done.
~Being on call, but only within safe standards. Even on call for water damage if you work past 12am you can sleep in for every hour past 12am. If you work to office hours you usually get the day off.

My issues addressed to boss:
~Drive time with no break, this can literally be 24 hours straight.(Say it's Monday you started at 8am hourly, you go off clock an on call at 5:30pm. If your last call comes at 7:30am the next day you'll get a call from the office. "Your on your way in right? No you can't go sleep, it'll be a no show." Even when asking "when can I sleep and not get in trouble?" And the response is "it depends but not now".

~Being willing to rip people's perfectly fine cars apart or further damage cars drastically because it would take 20min-1hr due to body kits, location, truck your driving, or any combination.

~Not being told about different providers and different pays greatly effecting pay and that supposedly we charge flat rate no tax. As well as refusing to provide pay structure and pay sheet information for commission jobs. Just a paycheck stub with the hours and a random number in the commission with no understanding.

~Knowing I have no experience and very little knowledge of the state laws and DOT as well as operating these vehicles and only requiring me to ride shotgun for 7 days before saying I'm good to go. I'm more knowledgeable about OSHA and states laws very drastically.

~No clockin and out system, your basically paid by the day. Either you showed up or didn't even though it's logged as hourly.

~Told commission and having discretion but then told I'm not doing my duties. And I'm assigned jobs from the owner at home randomly without call meaning I may not see it since I'm supposed to be dispatch/driver an I'm not looking for it there yet.

~Sign for drug test and background check but never drug tested. As far as I found out nobody was ever drug tested ever. At employment or after years of it.

~No driving log documents held electronically or written. Tablets and phones roughly track our location sometimes. But the only logged times are enroute to calls, at location, towing, and completion and thats manually done. But without Internet it won't save correctly alot of the time, AAA tablets straight lockout without internet.

~Not being insured for a deductible or anything like that. If damage happened to a otherwise fine vehicle you pay out of pocket unless it can be proven it wasn't preventable by you.

~Being told my personal problems are just that and he doesn't car who it is from children, not making enough, house getting robbed and filing report, is to be handled when off call and off the clock and he doesn't care.

~Taking the truck home and being personally responsible for it or atleast its contents. The only reason to my understanding your insured is operating it for buisness purposes. Which here to me is a gray are, because if I'm on call but not duty it's not being used for business which would make me liable. But I'm on duty not just on call I'm insured. I have no clue.

-No camera's or recording devices in or on truck. Obvious why.

~No CDL driving across state lines and occasionally over 26k loaded.


End result:
Terminated for failure to be able to perform duties. This conversation leading to my termination was due to the highway patrol calling my boss after discovering my working hours at a wreck and said I would not be working tomorrow.

My position and further disclosure:

I had no understanding of this and after speaking lawyers even they are confused. Not by wondering is he doing something wrong but how to pursue it and how much exactly is wrong. Is it wrongful termination due to labor laws, or a employer trying to make a employee break the state or federal laws or maybe retaliation for exposing something to highway patrol he didnt want?Does lack of sleep not only apply to federal if not state, and if including state and/or federal what applies to civil of any as well and how does it all work in conjunction with exemptions. Did this qualify as on duty, on call, were these obligations something that required hourly pay and overtime? Is withholding documentation clearly stating pay ok, as usually you and employer have to sign paperwork for comission the employer provides.

Show me the direct line In law that says "the federal laws(blank) applies to(blank) state laws which applies to (blank) civil laws and that clearly defines who's liable, what was done wrong, and action to be taken by each." Because it doesn't exist like that and it isn't that easy.


After learning they have a whistle-blower law for the DOT which will be the first favorable step atleast on protecting my friend. He has to be incredibly lucky to have gotten away with this but now he couldn't be more shaken after learning this.

Lastly this wasn't a permanent job choice. It was just until me and my friends personal business stuff, vehicle, a equipment arrived and finalized. Along with some money arriving so it woulda been handful of months tops.

Parting statement:
Sometimes you have to act fast and everything is on the line. It's make a move and get money now or your looking at a sidewalk, maybe lose your kid, maybe can't afford what saves someone you love. Just be kind and help who you can even if it's just advice.

 

I thought something along those lines but just had 0 experience or knowledge in this field and when I say 0 I mean like nothing I drove personally came close to anything DOT would look at and my home state while sometimes complicated its laws regarding most things coincide closely with federal and if not is usually easily understood and clear-cut.

But I knew the shady stuff was going on and doing some of the stuff I was, in the capacity I was, was beyond the regular duties of someone classified as a just a driver/operator. And being in Oklahoma being management or doing things management would do along with on call/duty along with certain obligations and duties and not others can change your pay requirements. As well as sometimes be applied to drive time and sometimes not.

That's where I got confused and lost. Didn't know if I was misclassified, on duty/on call off duty and if paying me commission and not hourly was right. But I wasn't there long and didn't plan to be from pretty much the start. And then if firing me for telling him I basically wouldn't continue to break what I believed to be the law after learning what I felt was enough to be somewhat sure I was in the right.

But I thank you for your answer, it was really well written and helpful. If you'd like refer to the last post I made saying please read. I tried to summarize things more simply even though it's still alot. Maybe it's better explained there and could clarify any miscommunication on my part.