Got let go today.... Now what? Update...see my latest post.

Discussion in 'Questions From New Drivers' started by COBB2070, May 3, 2019.

  1. COBB2070

    COBB2070 Medium Load Member

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    So last night my dispatcher texted me to see the head of safety at 9am this morning. When I got there, he asked me why I turned down a load on Wednesday. I explained that I was uncomfortable with the "HazMat/TWIC required" in the comments section of the BOL (See the full story here... Lithium batteries and hazmat...). He repeated that the dispatcher told me to disregard that, and how to ensure the batteries were packed safely. I explained that I don't have a Hazmat endorsement, and even if what dispatch said were true, I wouldn't know. He says okay, let's move on. He asks about a few other loads I've turned down in the past 2 months (5 to be exact), I explained that if I were to take those loads, I would been out of drive time either before making the delivery, or just afterwards, and they would end up having to pay for a room when I'm just an hour or two from the yard (as non-CDL running local under 150mi in CA I can drive 14/ on duty 16). So he said, and I quote here, "Well that's just poor time management skills on your part.". Really? I think the fact that I know when my time runs out, and the time it takes to make a run is the perfect example of time management. Then he insinuated that there are ways to extend my drive/HOS hours if I were "creative" about it. At this point I know I'm fired without him saying it, so I said, "You mean break the law", and he said I'd never tell you that. Then I explained that my dispatcher has, and then showed him the proof. Text messages from my dispatcher asking if I wanted him to log me "off duty" so I can stay out longer. Or the one that said "...if you start your log after the drop off, you'd have that much more drive time." I always run the KeepTruckin app even when I'm not required to keep a log, so I keep myself legal. I like driving and plan on getting my CDL-A this summer and drive OTR for a while then maybe regional. I asked him to put in writing the reason for my dismissal and he refused saying only it was for poor time management skills. I then told him if he fought my UC, I'd report them to the CA Labor Board and CHP/DOT. How do I explain this on job applications? Do I just put down I quit, and hope the company only provides dates of employment, or di I tell the truth, and look like I'm #### talking the company that fired me? Sorry this is so long.
     
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  3. Opus

    Opus Road Train Member

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    I'd just tell the truth.
     
  4. jammer910Z

    jammer910Z Road Train Member

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    If you have those messages trying to COERCE you to drive past HOS regs.. and if it was a HM load that you aren't certified for..

    You have a case against them and should pursue it for Wrongful Termination.
    I don't think you want that job back.
    It would be Hell on Earth.
    But, if all you say is true, and certifiable, then you definitely should pursue it because the next young driver may not have the Stones that you have to stand up to them.

    We used to haul a liad of Ether/Starter Fluid out of Philly to CLT years ago.
    It was ORM-D.
    I don't have hazM anymore and that just bothered me.. because that crap is highly explosive.

    If it were car batteries.. YES .. you need an endorsement.
    Were it Duracell aaa. . That may be a diff story.

    It's all in the regs.
     
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  5. DenBob

    DenBob Light Load Member

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    LoL. The head of "safety" scolding and firing you for not taking Hazmat without a Hazmat endorsement. I'm not even surprised though.

    I would report them to whoever you can, with as much documentation as you can, as long as it can be done without taking too much of your time, and tell the truth about the company to anyone who asks. These weasels fired you, okay, but they haven't laid a glove on your future prospects in this business or any other.
     
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  6. Intothesunset

    Intothesunset Road Train Member

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    Driver you just need to preplan better.
    Than make sure you have 3 backup plans.
    Than only will you be a successful butt kisser.
    PS. Don't forget to preplan for the unexpected things. Lol!!
     
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  7. COBB2070

    COBB2070 Medium Load Member

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    SoCal...The OC
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    When the load came up I posed the question in the HazMat forum after I did some research and didn't find a clear answer. Like, you can ship lithium batteries via FedEx/UPS/USPS if their declared and under a certain weight. I wasn't sure that applied in my case. 90+% of the time I was happy with the company. Just those few times when they would take an impossible load, and try to push it on me to deliver.
     
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  8. CousinVinny

    CousinVinny Medium Load Member

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    Coercion

    Coercion occurs when a motor carrier, shipper, receiver, or transportation intermediary threatens to withhold work from, take employment action against, or punish a driver for refusing to operate in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs), Hazardous Materials Regulations (HMRs) and the Federal Motor Carrier Commercial Regulations (FMCCRs). Coercion may be found to have taken place even if a violation has not occurred. An example of coercion is when a motor carrier terminates a driver for refusing to accept a load that would require the driver to violate the hours of service requirements. The following must have occurred in order for coercion to have existed:
    • A motor carrier, shipper, receiver, or transportation intermediary request a driver to perform a task that would result in the driver violating certain provisions of the FMCSRs, HMRs, or the FMCCRs;
    • The driver informs the motor carrier, shipper, receiver, or transportation intermediary of the violation that would occur if the task is performed, such as driving over the hours of service limits or creating unsafe driving conditions; and
    • The motor carrier shipper, receiver, or transportation intermediary make a threat or take action against the driver’s employment or work opportunities to get the driver to take the load despite the regulatory violation that would occur.
    Filing a Coercion Complaint with FMCSA

    Coercion complaints must be filed within 90 days of the alleged coercion action.

    When filing your complaint, please include as much supporting information as you have, such as:
    • Text messages or email exchanges between parties showing coercion attempts by a motor carrier, shipper, receiver, or transportation intermediary, as well as your responses; and
    • Names of anyone who may witnessed the coercion attempt.
    All coercion complaints must be in writing and can be mailed to the Division Office located in the state where the complainant is employed or filed with the National Consumer Complaint Database.

    File a Whistleblower Complaint with the Occupational Safety and Health Administration (OSHA)

    Drivers have the right to question the safety practices of their employer without the risk of losing their job or being subject to retaliation for stating a safety concern. The Occupational Safety and Health Administration’s whistleblower statutes protect drivers from retaliation. Home Page | Whistleblower Protection Program
     
  9. Chinatown

    Chinatown Road Train Member

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    If you report it to authorities, may as well start bagging groceries somewhere.
    I'd brush it off and move on.
     
  10. x1Heavy

    x1Heavy Road Train Member

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    First off I am very surprised that you have been dismissed.

    I am gratified you defended yourself on the Lithium battery Load. So that's one victory for you. They backed off on that.

    Now...

    While this situation is fresh in your memory, get a notebook, write down the name of the safety boss who told you the following: (Quote)

    ....Really? I think the fact that I know when my time runs out, and the time it takes to make a run is the perfect example of time management. Then he insinuated that there are ways to extend my drive/HOS hours if I were "creative" about it. At this point I know I'm fired without him saying it, so I said, "You mean break the law", and he said I'd never tell you that. ....

    Date that, time that and location of the company office, plus those of witnesses present (There is usually one at a firing)

    Document the dispatcher's words associated with this particular interview and the previous loads you have lost.

    I hope that you retain your logs going back months to maybe cover the loads you were not able to legally make the appts on without either making a new Appt or relaying to another driver or team (That option is always available to a GOOD company, the spiel about time management is just a club against you to destroy you.)

    Keep that in mind. The situation worked out the way it did and there is no point in Armchair General this thing just keep in mind when you are late on a load for wahtever reason (Particularly because your HOS says stop...) in the future. Document the situation and make sure you have the future company relay the load off you. Then followup with payroll to make sure that you will be paid the miles from Shipper to the point at which you relayed the load.

    It's alot of documentation I know. But it is necessary in this world.

    Im sorry you did not get that safety boss with that specific statement on tape, cell video or audio. That would have been valuable.

    It is very set in STONE the deep CULTURAL INTENT of a given MANAGEMENT to PRESSURE YOU or drivers in general to THINk they need to BREAK THE LAW without actually saying GO BREAK THE HOS.

    You did good. Never mind that filthy old #### outfit. They are done.

    Sit down, document everything for unemployment. Remember that post you made and also this one today even if it is a little long. You will need to submit this evidence in a hearing for your unemployment when they are forced to admit that they say those exact words quoted in that paragraph to you in that interview.

    If I was a company, I would hire you. Your attention to detail with the Lithium Episode in our Previous converstation recently here on this forum says you are a GOOD driver and that fleet is abusing you in particular.

    Telling you to be creative WITHOUT saying THEY are willing to RELAY a late load off you when your HOS fails. It's a two way street. Only in this case that outfit is a one way street. Downhill against you and anyone who works for them.

    Chin up.

    Edit: This is one of the reasons i like high value Medical Loads so #### much. You will NEVER hear a word about breaking the law anywhere in the entire constellation of dispatchers, staff involved in the load itself.

    Edit TWO.

    That particular paragraph by the safety boss is actually a form of Corection which is ILLEGAL against Company drivers as of 2012. Contact the FMCSA under the anti Corection law and lay the situation out exactly. You may have really good defense under this law against that safety boss.

    Why?

    They did it to you today. Whose to know they wont do it again to the next driver next week? You know they will with the exact attitude.
     
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  11. nikmirbre

    nikmirbre Road Train Member

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    For future references you don’t need hazmat for car batteries.... it’s been discussed numerous times on this forum
     
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