• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Truck Driver Needs Advice about Retaliation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

Tryin2BFair

Guest
I would like advice about harrasment and retaliation against truck drivers. I drive out of Ohio for a contract carrier based in Minnesota hauling mail for the US Postal Service.

I recently was asked to take a run that was longer than what I was scheduled for and would require and overnight stay. I let them know asap that I couldnt do the run. I was then told to take the run as scheduled and they would figure something out. I took the run, they didnt figure anything out and told me I had to take it the rest of the way. I refused because running it is in violation of the 10 hr rule. The company told me to park the truck, lock it up and find my way home which I did. Then they give me 2 days off for abandoning the truck that I was told to lock up.

On my next run I was asked to meet the other driver at the yard. I asked for a phone call from the driver when he was about 2 hours away so I had time to get there because of bad weather. I recived the phone call later and did not meet the driver. I was also late getting back because of bad weather.

I have now recieved 2 write ups. I feel I am being harrassed and intimidated into running illegally and unsafely in order to keep ontime.

I like what Im doing and for myself and the protection of the other drivers am willing to take a stand. How can I do this and protect myself? Would I have any recourse if I was to be fired for refusing runs that are in violation of the FMCSR being that I have run them before? Would I be out of line if I told the dispatcher that I would be recording our conversations being we have a problem in communication? Can I request that I be removed from the scheduled runs in violation and rescheduled on runs that are not, still maintaining the 50+ hours a week I have gotten since I started working there? If I need an attorney (I cant afford one) would I need to get one in Minnesota or can I get one in Ohio? How can I protect myself from further harrasment and retaliation?

Thank you for any help.

[Edited by Tryin2BFair on 12-15-2000 at 09:04 AM]
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

We will help you but you must make this a bit shorter for the sake of those among us who must read them.

Keep the facts short and sweet and tell us your state. Thanks! : - )
 
T

Tryin2BFair

Guest
Okay, no problem on editing. Maybe someone should make a page on how to do these? LOL I didnt want to leave anything out.

The state was in the first sentance, Ohio.

Thank you
 
A

Always searching

Guest
You are hauling the US Mail for God's sake. You left it beside the road! Federal federal federal offense. It is your duty to make sure the mail is not left unattended and your duty is carried out. They had every right to write you up. Their contract was riding on your ability to safely deliver the mail. You didn't hold up your end, and the weather is no excuse. I predict the next chat you have with them will be your last. Start thinking about how you will be spending your unemployment checks. Never leave a mail truck, that is a rule you should have learned when you started there. Jesh!
 
T

Tryin2BFair

Guest
I did not leave it on the side of the road. I parked it in a truck compound we use daily that law enforcement also frequents.

If I had taken the run to where they had asked I wouldve run out of hours before I had gotten there which is also a federal offense.

I notified them the night before that I could not take the run. I was told to take it as normally scheduled and that they would find an alternative.

Mail is regularly left to sit, sometimes for days (during holidays) in unsecured locations.

We are not told what the rules are, we get told as we go.

Youre right that I am to safely deliver the mail but the weather IS and has everything to do with a load delay! ANY load, mail or not! Would you have me barreling down on your family loaded at 50,000lbs+ doing the speed limit+ with icy and snowy conditions? Do think I would be able to stop safely if needed? With being delayed by the weather, running out of hours and still not at the destination and getting fatigued, how long would the delay be then if something was to happen?

Youre right
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top