Pushy Dispatcher threatens to fine me $600 is it legal?

Discussion in 'Experienced Truckers' Advice' started by jimbo33, May 29, 2024.

  1. jimbo33

    jimbo33 Bobtail Member

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    So I have two disturbing issues here. It's one obnoxious dispatcher I work with tries calling me when my phone is on do not disturb and I'm on my 10-hour break like 25 times in a row because he has some emergency load. I wake up and I see all these missed calls and messages that were given 5 hours into my break and one of them says if you don't take pictures of the trailer and reefer and pick up this load I'm going to fine you $600! Seems like both of those things are illegal? Like he's not supposed to be harassing me and contacting me on my 10-hour break and is it even legal to fine a company driver like that ? Not a nice way to wake up but I basically had to start driving as soon as my 10-hour break was over to pick up the load on time but he was panicking as if I didn't get the load details, but I was sleeping and on my 10-hour break so I don't have to reply to any of his nonsense correct?
     
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  3. Ex-Trucker Alex

    Ex-Trucker Alex Heavy Load Member

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    Are you his indentured servant? Don't laugh; that sometimes is the case with Indo-Pakistani drivers.....
    Seriously, what kind of cr@p-hole company are you working for??? Is this REALLY the best you can do?? Yes, it's all nonsense, until you let them walk all over you. With a joint like the one you work for, you shouldn't take that kind of ####. If they fire you, trust me, you can do better just about ANYWHERE else....
     
    Last edited by a moderator: May 30, 2024
    Reason for edit: skirting the filter
  4. mitrucker

    mitrucker Road Train Member

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    Agreed. Dispatch can piss off while I am on my 10.
     
  5. Long FLD

    Long FLD Road Train Member

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    I’m going out on a limb and guessing 1099?
     
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  6. tscottme

    tscottme Road Train Member

    Are you a W-2 employee or 1099 "independent contractor"?

    Fining the driver is legal if you signed paperwork notifying you of potential fines when you started at the company. Not remembering if you signed paperwork about fines doesn't keep you from being fined. I suspect you are 1099 and your paperwork authorized company to fine you. Maybe the company didn't put emphasis on possible fines.
     
  7. broke down plumber

    broke down plumber Medium Load Member

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    A little face to face time might clear that up . A good understanding makes for no misunderstandings
     
  8. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    That is not true.

    An employer may only fine an employee for safety violations that are OSHA violations for safety only. If they try to take money from you, they must PROVE that you cost them money, such as stealing a copy machine. If they decide to keep you on, they can take the money for the machine out of your paycheck. But no, you cannot FINE someone because they won't take some load. That's not costing them money, not in the way that can be compensated by "fining" an employee.

    Can You Fine Employees - Excelforce

    They cannot arbitrarily take money out of your paycheck. My last company threatened to do that. I told them if they did, they would have to defend themselves in court behind a lectern to a judge. So be VERY careful what they do. They wound up NOT taking any money from me.

    It's known as wage garnishment and at the very least, in MS, the ONLY reasons a company may garnish your wages is if you volunteer for it in writing, (such as taking X amount out each paycheck for a xmas fund) or court ordered, such as child support and anything you put in writing you can revoke at any time verbally or written. They cannot TAKE money from you as punishment for not doing something they ask you to do. Just get EVERYTHING in writing, or recorded on the phone. Then sue the CRAP out of them if they take so much as a DIME. I can promise, the judge will give you back treble damages for punitive damages towards your employer. Judges DO NOT like employers who steal money from employees.

    Because your money is YOUR money. They don't have the right to it, or to threaten you with it. I actually spoke with the head of the MS dept of Labor and wages division about this a few years ago. Once you've earned it, they MUST pay you. They can't hang it over your head to get you to do what they want you to do.
     
  9. Long FLD

    Long FLD Road Train Member

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    If he’s 1099 he’s not an employee.
     
  10. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Doesn't matter. Nobody can steal your money like that. 1099, 1545 or 2842. If he's 1099 then he has the right to tell them to go pound sand anyway. So its even a STRONGER case that they can't take his money.

    If they do, he can sue. It's that simple.
     
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  11. Long FLD

    Long FLD Road Train Member

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    Depends on what the contract says that he signed.
     
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