To sue or not to sue...

Discussion in 'Trucker Legal Advice' started by FoggyNotion, Mar 29, 2021.

  1. FoggyNotion

    FoggyNotion Bobtail Member

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    Mar 29, 2021
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    Hi all, been trucking about 10 years, seen all kinds of messed up stuff companies do (or make you drive) and it never really bothered me until the company I am with now, fleet has about 200 trucks some of which are real junk we're forced to sign off saying they're safe, putting all responsibility on us, but another thing that has me fed up is the camera inside the cab looking right at us, been watching me for 3 years.
    .

    They said the camera only saves the first 30 seconds and the last 30 seconds after an incident (such as an accident) but they changed the cameras in the first year and told us they work the same, however one guy recently got written up for undressing before he got into his sleeper. I guess a fresh pair of boxers is out of the question.

    Now we realize these cameras are operational 24/7 and send everything to a cloud and they can pull any minute from from any hour from any day from any month, and view it, or listen to your phone calls (even on your brakes) they don't deny it either.

    They listened to us talking about how they illegally evesdrop on our phone calls this way and 3 days later we go a memo stating they would now give us an extra $20 a month to help pay our personal phone bills "since we use the phones for work",...

    ...but we figure they spoke with attorneys whom told them they better do that quick so it could be considered a work phone (giving them a right to evesdrop)?

    They also send back edited e-logs for re-certification (after) we already signed them!(a federal offense) and of course the new version is always short on pay time.

    We've all had enough and are considering a class action law suit.

    We know we have a case, we were afraid to do much about it, but now we're really fed up with it, because we put tape over the camera lenses for privacy and now we're getting threatened with termination for taping over the cameras, even though they lied to us about how the cameras operate, and we are on our freakin break!

    I want to know if there's a good attorney out there that represents truckers or employees who isn't really working for the corporations secretly tipping them off about who's about to sue them and purposely giving away your case, etc (because that kind of stuff happens much more than you think)...

    ...most attorneys are pretty shady, they're not worried about getting disbarred because they know the poor working class really can't afford to hire a second crook to sue the first crook.
     
    Last edited: Mar 29, 2021
    Reason for edit: Typos and add ins
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  3. Dino soar

    Dino soar Road Train Member

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  4. Mooseontheloose

    Mooseontheloose Light Load Member

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    Just slide the passenger side visor over the camera lens
     
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  5. TheLoadOut

    TheLoadOut Road Train Member

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    That whole thing about being written up before entering the sleeper is just crazy. What company is this? Why not shame them?
     
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  6. Milr72

    Milr72 Medium Load Member

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    And you're still working there?!!
     
  7. Deadwood

    Deadwood Medium Load Member

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    OOIDA is more of a marketing organization than a legal driver defense group. They get paid to sell their members things like insurance and truck products.

    They like to crow about how often they fight for their drivers legally but they really just sign onto other firm’s lawsuits and then put out press releases spinning the results in a way that puts them in the best light.

    In their defense, if they really fought every single case of obvious driver abuse they came across, that’s all they would ever do and it would bankrupt them.
     
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  8. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    You've been there for three years and are still there when they treat you like crap? Why? Do you have a bad record? Tickets, accidents?
    As far as the guy they wrote up for changing clothes when out of the sleeper. If they did that to me I would make sure to hang them a big BA each and every day.
     
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  9. fairshake

    fairshake Heavy Load Member

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    Sue the F out of them, where I work we have them non cab facing just front and audio. They will screw over the next driver without skipping a beat. The cameras have fully grown into a HUGE negative for the drivers. Most negative assumptions over privacy and policy execution by a company operated dashcam are generally correct.
     
    Last edited: Mar 30, 2021
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  10. Deadwood

    Deadwood Medium Load Member

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    You’ve got two options:

    1) Leave and find work somewhere else, or

    2) Invest hours (and probably days or weeks) of your precious free time fighting to get the people who own this company to run it the way you want them to.

    I’d suggest the first option is the wisest. If you do go the legal route, I’d suggest the following:

    Since you don’t have the money to pay your attorneys a retainer on the front end, they would be getting paid on contingency - only if you win. That’s a big gamble on their part.

    There are law firms who specialize in class action lawsuits and who will go after trucking companies. Hagens Berman has sued Schneider successfully a number of times.

    Schneider National Carriers, Inc. Regional Drivers | Hagens Berman

    The big trucking companies have a near endless budget for legal warfare and will usually try to drag it out by changing venues and other procedural B.S.. That’s how they scare the smaller law firms. Big law firms like H.B. have experience with trucking companies and have the cash to fight the long game. It’s a war of attrition until the carrier settles.

    If you really want to get the company you work for to crap their pants, find the Legal Administrative Assistant of the lawyer who handled the Schneider cases at Hagens Bergman and pitch your situation to her. Good luck.

    1-888-381-2889
    hbsslaw.com

    disclaimer: I’ve been a driver for 10 years and am not affiliated with or related to anyone at Hagens Berman in any way.
     
    Last edited: Mar 30, 2021
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  11. buzzarddriver

    buzzarddriver Road Train Member

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    This is like the driver who said his company kept hitting him over the head with a hammer. He asked "what should i do"?
    How long has this been happening, we asked?
    He said three years.

    Now, if something happens once, well, you have to think it might be just coincidence.
    But if something happens continuously, WHY are you still working there??????
     
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