I'm thinking based on research this isn't legal

Discussion in 'Trucker Legal Advice' started by drivingmissdaisy, Feb 29, 2020.

  1. drivingmissdaisy

    drivingmissdaisy Light Load Member

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    I currently pull for a company that has started to "fine" drivers internally for violations such as HOS. By "fine internally" I mean that these fines are levied strictly by a company employee for violations THEY think happened. These have nothing to do with the DOT. The employee has no legal representation and has no real way to fight the fines. They deduct 50 or 100 dollars per violation from your paycheck if they think it's a violation.

    Well low and behold late this evening I get a call from safety asking me why I did PC from a receiver to the yard when I was under dispatch. I explained to him that I needed to go west to the next shipper yet went south 30 miles out of my way to get to the yard so I could get a shower. This was like 8pm so the nearby Love's was locked up. The distance from my receiver to the next shipper was like 44 miles and the distance from the yard to that shipper was like 43 or 44. So I didn't advance the load on PC. I just moved the trailer. They said they would "fine" me 50 bucks and I managed to at least get him to look at it over the weekend.

    I'm prepared to file a lawsuit against this company if they dock my pay. From what I've read, they can't fine you for stuff like this. Your pay can only be docked for a small number of things.

    Learn About the Legalities of Authorized Deductions From Employee Pay

    If they want to fire me, that's fine and legal (and I have another job ready to go anyway) but arbitrarily deciding what a violation is and taking my money I'm pretty sure is a violation of federal law. I mean who monitors this? What keeps them from deciding they want a BBQ for the office and saying lets check logbooks to pay for it?

    I'm pretty sure, especially because these "violations" were "self created" by the office staff and were not the result of an actual DOT inspection and violation that taking our money holds no water. They started doing this recently because people abuse PC but this isn't the way to go about doing it.
     
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  2. x1Heavy

    x1Heavy Road Train Member

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    If they are abusing PC then they have no freedom to do anything but abuse the PC within restrictive company policy.

    Might as well document everything and find a lawyer, in the meantime go ahead and get your next job you stated that is ready to go. Leave that carrier behind for cause.

    If a suit told me that I violated some company policy and it will cost 100 this week, I would answer him right back, it just cost you a driver. Bye. And document everything for the lawyer. If also FMCSA and Dept of Labor with the state. They would be most interested in it.
     
    Last edited: Feb 29, 2020
  3. drivingmissdaisy

    drivingmissdaisy Light Load Member

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    Another thing I wanted to ask. They're saying you can't use PC to "extend your 14 hour clock". But I was told PC is PC and can be used any time but just not for any reason. My old employer said PC is independent of any of your clocks. That's how I understand it.
     
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  4. 062

    062 Road Train Member

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    I’d say you’re right, but check the rules in the state that company is based in. You should start planning your exit now.
     
  5. Flat Earth Trucker

    Flat Earth Trucker Road Train Member

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    I like how Mark explains pc in this video. In this particular instance, however, it looks like your employer is correct about your use of personal conveyance.

    I'm guessing your employer is greatly concerned about its CSA score and such, but has begun resorting to bully tactics in order to achieve this aim.

    Most law firms offer free initial consultation, so you should bear that in mind. Keep a journal of suspected abuses, and keep us posted.
     
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  6. G13Tomcat

    G13Tomcat Road Train Member

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    F.E.T.. I agree with you wholeheartedly. I used PC the other night in the ICE mess here in Ohio, to get HOME (its on the way to my yard, and I was dragging a new empty and the company approved it) I was red'lining my 14, but fine on my 11. Had I pulled a 16 exempt, I couldn't have stopped at the house (not a consecutive 5 days arrival and departure home) because where I park my Tractor varies, and no..I'm not an O/O. The roads were so bad, I shaved 2 hours off my trip, more/less.

    O/P, I agree. Your company is protecting their 'assets' if you will. I agree, you were a bit out of line and thought on this one.

    My company strives HARD to protect their CSA (and MY PSP!) so we stay on the same page, sir.

    I'm an intrastate driver, and use the PC gently, myself.

    Best of luck; either way~!
    Tomcat
     
  7. Flat Earth Trucker

    Flat Earth Trucker Road Train Member

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    Glad you made it off the road safely.
     
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  8. tscottme

    tscottme Road Train Member

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    My ELD locks out the PC option once I go beyond my 8/11 hour or 14 hour clock. Remember, PC is governed by 2 sets of rules. One set are the DOT requirements. The other set are dictated by the company. For example, you company can decide non of their trucks will be authorized to use PC while pulling a trailer empty or loaded. The DOT can allow that type of use while the company can disallow it.
     
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  9. mover man

    mover man Road Train Member

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    Going by the explanation given by the op, why he used PC. I would say he was correct in using it. When he left the receiver he was under dispatch. HOWEVER he went in an opposite direction while off duty. To attend to personnel business. (That is the whole purpose of PC to begin with) Once his personal business was concluded. He should have logged back onto his clock. Then went and picked up his next load.
     
  10. sirhwy

    sirhwy Light Load Member

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    I don’t know that I would work for a company that has this policy. I agree with Mover Man, this is what PC is for. They have changed the rules, PC can be used loaded or empty, you’re entitled to reach a safe parking place.
    I believe I’d have their truck parked in their yard as soon as possible. There are plenty of trucks to drive, without the relationship between management and driver being an adversarial one. Best wishes to the OP.
     
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