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CDL driver ~ vehicle safety issues

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NCLynn2

Junior Member
State: Live in NC, work in SC

I'm a licensed CDL B driver with air brake and P [passenger] endosements. I took a job with a local large contractor to drive a passenger bus to get workers to the jobsite [no parking on site] from a parking lot a few miles away for a 3-4 year job. The job was 6 days a week, shared with another driver the other 3 days [I worked 3, she worked 3 set days] .

When hired [and the same deal with the other driver of 2 years] I was told it's X amount of $ per hour with a guaranteed 40 hours even though it would be a max of only 32 actual hours worked. ANY holidays, rain days or other days off [bus service not needed some Sat's] given by my employer doesn't matter, ALWAYS 40 hours [salary I guess you'd call it]. In the 3 months that I worked there there have been multiple rain days, 1 holiday [Memorial day] and 2 Sat's not worked due to no bus service needed/job shutdown and I've always gotten 40 hours. It was a very easy job, just take employees to the job in the a.m., misc mid day runs and bring them back out again in the eve [6:30-6:30 daily, Sat 6:30-3:30] and all we were required to do during the other time was to sit in the bus and await any Nextel calls for transport needs.

Well, I kept busy by cleaning the bus, checking the fluids, etc... the first few weeks only to be bored out of my mind the other 80% of just sitting around doing nothing. I started going to the jobsite, parking the bus and helping out, for NO additional monetary gain]. This was appreciated and I was commended for it by all supervisors since the other driver wanted to do nothing more than sit and read or watch soaps on a portable TV, which they have no problem with as that's all that is required, just be available when called.

The issue began when I asked what the schedule would be for Friday - Sat after Thansgiving, the week prior but was told "we'll let you know next week. I still had heard nothing the day before Thanksgiving so I stopped by the jobsite to ask [and to pick up my check for the previous week]. I was told by the jobsite supervisors assistant that I was needed Friday only. I said I'd work Sat on the jobsite [someone would be there and could use my site help] but was told no, that I would get 8 hours holiday pay for the holiday day and 12 hours for Friday = 20 hours. I asked why and was told that she and the jobsite superintendent made that decision.

This of course offended me since I do WAY more than expected of me for no more $ and was not the deal. I expressed my opinion along with adding that we're forced to drive "junk" buses with many safety issues [poor brakes, no horn, inoperable air entry doors ~ kept closed with bungie cords], exhaust leaks, etc... that are not dealt with even though they've been made aware of the issues. I said that if I'm not appreciated enough for all the extra I do onsite and having to drive this "junk", to get paid my guaranteed hours then I'll come in Friday as requested but to consider it my last day. She said that other drivers had quit or have been fired in the past for voicing the bus safety issues or refusing to drive them.

I got a call a little later from the other driver saying that she heard I was fired because I didn't want to work and refused to drive "junk". I was never contacted and tried to call the office but no one was in. When I got home I had an e-mail to this effect : "I've talked with the superintendent and discussed your feelings and he said we no longer need your services as of 11-23".

As a professional driver, I can not be forced to drive an unsafe vehicle. There is a whisleblower law concering this stating that an employer can not take adverse action against a driver for refusing to operate a vehicle with known safety issues. This blows my mind as I was very well liked by ALL and since I have not spoken to the superintendent yet, I don't know what his assistant said.

What rights do I have? There is absolutely no compitancy issues with me, I am a safe driver and did 200% more than expected and there is no question concerning my pay [I have all stubs], this is absolutely due to my comments on the unsfate buses. I'd like to teach them a lesson! A supervisor is driving the bus today [NO CDL license] and will likely do so until they hire another driver [hard to find qualified drivers] which may take weeks. A friend said they've abused my rights of refusal concerning being forced to operate an unsafe vehicle. Can I do anything? Sorry for the LONG post and THANKS in advance.
 
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NCLynn2

Junior Member
seniorjudge: I feel that ALL the info is important but I'll do this for you:

State: SC

What can I do as CDL licensed driver when I was fired for being unwilling to drive an unsafe vehicle? Logbooks show safety issues and the company mechanic notified to no avail. Whistleblower law enacted for us as professional CDL drivers concerning being forced to operate knowingly unsafe vehicles by employers.

What can I do after being fired because my employer refused to pay me my guaranteed salary?

THANKS
 

seniorjudge

Senior Member
NCLynn2 said:
seniorjudge: I feel that ALL the info is important but I'll do this for you:

State: SC

What can I do as CDL licensed driver when I was fired for being unwilling to drive an unsafe vehicle? Logbooks show safety issues and the company mechanic notified to no avail. Whistleblower law enacted for us as professional CDL drivers concerning being forced to operate knowingly unsafe vehicles by employers.

What can I do after being fired because my employer refused to pay me my guaranteed salary?

THANKS
Q: What can I do after being fired because my employer refused to pay me my guaranteed salary?

A: What exactly does your written contract of employment say about driving unsafe vehicles?
 

NCLynn2

Junior Member
seniorjudge:

This is right out of the employee handbook under the Vehicle Usage Policy:

"Employees who drive a company vehicle must exersize due diligence, drive safely and maintain the security of the vehicle and it's contents. Employees are responsible for any driving infractions or fines that result from their driving and must report them to their supervisor. Employees are not permitted, under any circumstances, to operate a company vehicle, when any physical or mental impairment causes the employee to be able to drive safely. Employees must report any accident, theft, damage, breakdown or mechanical problem invloving a company vehicle"

and under Safety:

DRIVERS: "You are to comply with all traffic laws.
"You will be expected to honestly complete all DOT paperwork associated with your vehicle."

"The company endeavors to provide a place of employment free from recognized hazards to the safety and health of employees. All employees are responsible for:

correcting conditions
reporting uncorrected unsafe acts or conditions
following all safety rules"
 
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NCLynn2

Junior Member
?????????????

Sorry for my delay in answering, I had to leave for a lunch appointment.

I was an employee, so no I don't have a contract per say although they had absolutely no reason to fire me, as I did nothing wrong.

As far as the guaranteed salary question, the way the job superintendent set us up was that I [and the other driver of 2 yrs] were to be paid for 40 hours regardless of the actual hours worked, as stated. I've always [3 months] gotten 40 hours regardless of the hours I worked [I've never worked more than 30]. If for some reason we were to work more than our average hours [our average of appx 28 hours] then we would get overtime for those overage hours. This would have soon come into effect as the job got busier due to the necessity of needing 2 drivers in the a.m. hours only.

The real issue here is that I was fired because after being told I was only going to get 20 hours the week in question and the insuing conversation as a result, I said that I'm not driving that "junk". I, as a licensed professional CDL driver have the right to refuse to operate any vehicle with known safety issues, period, and they can not take adverse action against me due to that.
 

NCLynn2

Junior Member
Update: I was never fired. The jobsite superintendents assistant had no authority to do so and provided false information after the fact. I went in Yesterday to talk to the Superintendent and was told he wanted me there and appreciated all that I do so I'm back to work my 3 days a week Turs, Fri, Sat. There's still the bus safety concerns which we talked about and was assured that there will be repairs made.
 

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