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

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

  1. I glide 47

    I glide 47 Road Train Member

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    Care to share about the company name with the rest of the world, so we can avoid ?
     
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  3. G13Tomcat

    G13Tomcat Road Train Member

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    Is this addressed to the O/P ?
     
  4. I glide 47

    I glide 47 Road Train Member

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    Well yes
     
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  5. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    Why they took money out of your check is irrelevant.
    Check with the Dept of Labor in your state. They may not deduct anything from your paycheck unless you agree to it in writing.
    example: garnishment for child support.
    Even if your actions caused some sort of a DOT audit and they were fined, they cannot take it from you.
    Fight it.
     
  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    I would prefer not to reveal the company until this issue resolves itself. I'm sorry. We're not big and you probably never even heard of us.

    But I didn't think they could just take our money like that. I figured that using PC to get to a safe haven at 8pm with an empty trailer when it involved going the long way around tim buc too was an appropriate use of PC.
     
    Last edited: Feb 29, 2020
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  7. xsetra

    xsetra Road Train Member

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    Unless this "fine" is fully disclosed in your employee hand book and you agreed to their terms.
    They can not just arbitrarily deduct this from your pay check.

    The full terms of this action from the company has to be accepted by you before it happens.

    The company can not just decide from (Monday at 8am) it will start giving employees fines if they wear black shoes with white socks.
    Unless you and the company agree to these terms before the date/time this new rule would be enforced.

    The company can make any rules they want (not to discriminate) any time they want. Employees can agree or quit.
    Company has to give employees the chance to agree before they are enforced.
     
  8. G13Tomcat

    G13Tomcat Road Train Member

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    Was thinking so...but with so many back and forth interjections, just checking.

    @drivingmissdaisy ... smaller companies tend to fly under the radar, and how they 'did' you, is proof of such, IMHO.

    Be safe, y'all~!

     
  9. G13Tomcat

    G13Tomcat Road Train Member

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    Taking your money makes no sense, IMHO. Like above poster said, unless you signed off on that legalese in a contract or a small paper somewhere.

    IMHO you have used PC appropriately, and doubt the DOT would see it any different. If you weren't advancing, and going 'out of route' in another direction as well, to be safe, your company should've given you accolades for being safe and cognizant instead of breaking laws and ruining PSP and CSA's for you both. This 'fine' thing has me clueless, but.. small company stuff, small company rules . . . I guess.

    Best of luck~!
     
  10. dibstr

    dibstr Road Train Member

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    Advancing the load or not really doesn’t matter in this case. The latest interpretation of the PC reg states categorically that “time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver” would not qualify as a proper use of PC.
     
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  11. mover man

    mover man Road Train Member

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    Since neither of us is a dot cop. We can agree to disagree.
    Some would give ticket and say unacceptable, other would say exactly right.
    What your quoting pertains to carriers who start and end thier run at the terminal.
    Since he was under dispatch, in a different direction than he was going. In this case him going to the terminal is same as if he went to the truck stop. But unless it's in his contract, or the company manuel he got during orientation. His company deciding to fine him is bullsh-it.
     
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