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Fired for drinking off duty while on the road?

Discussion in 'Trucker Legal Advice' started by kablerat, Jan 3, 2019.

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CrappieJunkie Wishin' I was fishin'

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kablerat said: ↑

I started driving for Swift in early November and was assigned a mentor. I was required to drive 200 hours before getting the chance to upgrade. After the first couple of days, my mentor was so comfortable with my driving, he took that as an opportunity to sleep and play video game every chance he got. We drove between S. Carolina all the way to Salt lake city with lots of loads in between. One time at a truck stop I told him I was going to go get a beer during my 10 hour. Said I'd be back after I finished. He said, just bring it back to the truck and stay warm. You are off duty so what does it matter? I asked if Id get in trouble and he said no problem. This happened a couple of times while on the road but only when off duty. Never got hammered and he never complained. I drove us to the home terminal because I needed a 34 hour. I had been on the road for over a month because he decided he wanted to change to a direct route right when we got started. We eventually went back to OTR because I was going to be on the truck forever the way things were going. He texted me the next day after getting home and said they were going to upgrade me even though I had 23 hours BTW to finish and to contact my driver leader the following Monday. I called and was told they were getting me a different mentor. A week went by with no call. I called retention because nobody was returning my calls or emails. I get a call from a security officer from Swift and asked about one night when I got off the truck and bought some booze and brought it back to the truck. I told him the truth because as far as I knew, it was okay as long as I was off duty. Now I'm terminated and my DAC prevents me from getting another job. I'm not naive but if the Mentor told me was okay and then throws me under the bus for doing what he said was alright, how am I at fault? I was cool not bringing it back to the truck.
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A few things....1) your trainer is a douche for being more interested in video gamew than training you.

2) drinking in the cab, by law, if you are off duty is not breaking the law. There is company policy you have to account for as well. Swift put you in a truck to teach you, but also test to see how you would handle yourself on the road. Doing anything that could even remotely be a problem falls on you, no matter if your trainer says so. And you cant say you didnt consider it to possibly be an issue cause you aksed your trainer if it was ok.

Ultimately this falls on you cause you chose to drink. In the end you put yourself in this spot.

CrappieJunkie, Jan 4, 2019

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Swiss Mountain Dog and Snakeschasingcars Thank this.
scottied67 Road Train Member

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Two beers: $9 bucks...

Snitch saw you carrying an open beer back to your Swift truck on his dashcam and called the 800 number: $4000

Believing anything a Swift Mentor says: Priceless

scottied67, Jan 4, 2019

#62

ExOTR, CrappieJunkie, Snakeschasingcars and 2 others Thank this.
Sirscrapntruckalot Road Train Member

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Snakeschasingcars said: ↑

You will never get out of it. It is 100% x 100% your fualt. You are 100% respondible fornyour actions 100% of 100% of the time. Untill you understand this and own it. No one will touch you. Not because you had a drink in the truck... Ok most wont touch you just because of that... But the rest wont because you will just brake one of their policys and blame someone else for it.
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@Snakeschasingcars ,

Please never install a filter. If you held back your thoughts you'd explode.

An OP...make like sugar an take your lumps. If your trainer had been as honest with you as these folks are you wouldn't be fired an in the position your in now eh?

Either way good luck. Once your done being upset at folks on here, you'll see a few people gave you some options.

Sirscrapntruckalot - Commonsense...use it.

Sirscrapntruckalot, Jan 4, 2019

#63

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x1Heavy Road Train Member

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kablerat said: ↑

I started driving for Swift in early November and was assigned a mentor. I was required to drive 200 hours before getting the chance to upgrade. After the first couple of days, my mentor was so comfortable with my driving, he took that as an opportunity to sleep and play video game every chance he got. We drove between S. Carolina all the way to Salt lake city with lots of loads in between. One time at a truck stop I told him I was going to go get a beer during my 10 hour. Said I'd be back after I finished. He said, just bring it back to the truck and stay warm. You are off duty so what does it matter? I asked if Id get in trouble and he said no problem. This happened a couple of times while on the road but only when off duty. Never got hammered and he never complained. I drove us to the home terminal because I needed a 34 hour. I had been on the road for over a month because he decided he wanted to change to a direct route right when we got started. We eventually went back to OTR because I was going to be on the truck forever the way things were going. He texted me the next day after getting home and said they were going to upgrade me even though I had 23 hours BTW to finish and to contact my driver leader the following Monday. I called and was told they were getting me a different mentor. A week went by with no call. I called retention because nobody was returning my calls or emails. I get a call from a security officer from Swift and asked about one night when I got off the truck and bought some booze and brought it back to the truck. I told him the truth because as far as I knew, it was okay as long as I was off duty. Now I'm terminated and my DAC prevents me from getting another job. I'm not naive but if the Mentor told me was okay and then throws me under the bus for doing what he said was alright, how am I at fault? I was cool not bringing it back to the truck.
Click to expand...

One basic rule.

No alcohol to the truck, on, near, inside or top of it ever.

I was a drinker in big rigs prior to 1991. CDL Laws changed that permanently.

You will get through this economic loss eventually. It goes without saying, drink it all at the bar and have nothing of that nature back int he truck cab with you.

x1Heavy, Jan 4, 2019

#64
buddyd157 Road Train Member

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kablerat said: ↑

And yes Im acting like it was a DUI because now it is on my DAC and nobody will even look at me.
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if the truck was idling, that is (i believe) a DUI charge, that truck needed to be turned off.

what door did you enter by, the passenger or driver's..????

at least, this is what i am thinking.

i think you need to go thru a SAP program, on your dime......

buddyd157, Jan 4, 2019

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buddyd157 Road Train Member

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kablerat said: ↑

I'm not blaming him for me drinking. That's on me. I'm blaming him for misleading me. He took advantage of it from the beginning. Almost 200 hours of him raking in double pay, and sleeping in the back, or playing video games and not doing any mentoring whatsoever. Then with only 23hrs left to go, he screwed me over. I drove up and over I-70 after a snowstorm without him so much as lifting a finger to assist me. Instead he drank diet mountain dew, ate funions, and slept and farted the entire journey. I did evertything and he did nothing but #### me over in the end. I have never said I wasnt at fault. You on the otherhand have nothing better to do but try and berate me. I ask for help and you are a viral infection of hatred and bile! If I could go back, I would have never had one ####ing drop, but it is what it is.
Click to expand...

in the future, WAIT TILL YOU GET HOME to open up a "drink" of ANY KIND.....

AND KEEP YOUR MOUTH SHUT as well when you get back to work.

if anyone does hire you (even if you do go thru a SAP program), you may be subjected to many random testings now.....and maybe forever.....

buddyd157, Jan 4, 2019

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Gdog66223 Road Train Member

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7 pages dedicated to @kablerat all because he wanted to have a little drink.... well have you heard any good news today about job prospects??

Gdog66223, Jan 4, 2019

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tucker Thanks this.
buddyd157 Road Train Member

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Gdog66223 said: ↑

7 pages dedicated to @kablerat all because he wanted to have a little drink.... well have you heard any good news today about job prospects??
Click to expand...

i only have 2 pages worth....

go to your settings, "preference", scroll down to, "threads per page", post per page, and select as many threads /posts you want..i got mine at 40.

buddyd157, Jan 4, 2019

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weirdpuckett Heavy Load Member

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I can get where a newbie would do this and think nothing of it......BUT, you Must really pay attention to the policy language......read it with uttermost attention to DETAIL....... afterall, the name of the game is staying far from trouble- tgis job has enough trouble buikt in to just the job function itself......CYA......24 HRS A DAY......

weirdpuckett, Jan 4, 2019

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weirdpuckett Heavy Load Member

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P.S.......I think the "Mentor" could have been better in first knowing the policy, re- iterating that policy, and saving both the company and the new hire from getting into this scenario.......so.....yeah I place some responsiblity on that person as well.....

weirdpuckett, Jan 4, 2019

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