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.
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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