I was working way too many hours to log legally so they wanted me to lie on them they said they couldnt tell me to lie but that the boss would be very angry if i was too run out of hours. do I have any type of legal case?
2006-12-29 16:39:01 · 13 answers · asked by stephenclaunch 1 in Politics & Government ➔ Law & Ethics
DOT would like to know about it
2006-12-29 16:56:40 · answer #1 · answered by Anarchy99 7 · 0⤊ 0⤋
If you had done your hours legally and your employer fired you for keeping an accurate log, you would almost certainly "have a case." The problem is that you did not have the courage to do that. You hedged.
But you may have a case yet. You need to put together all the documents you can that will (1) show where you were and when you were there; and (2) that your employer was aware of this and/or required it. Create your log now like you should have kept it at the time and use all the documentation that you have.
You should consult an attorney that is experienced in this area of the law if at all possible. An experienced attorney will be able to identify what documentation you need, what you can do to preserve it (or at least to show you've done everything in your power to make certain it is preserved)
Contact the Department of Transportation for more information. A trucking union might also be able to supply helpful information.
2006-12-30 00:45:01 · answer #2 · answered by Millie M 3 · 0⤊ 0⤋
Im not sure about a legal case or not but you really should try to stay within the alloted hours you have for driving. I understand how hard it is to make your loads on time and stuff but it really is very important that you dont fall asleep while driving. You would have alot more problems than your log book if you feel asleep behind the wheel and hurt someone. Im not preaching please dont take this the wrong way, the company should have more realistic views on time it takes to deliver. They should never ever ask you to lie in your logs and you wouldnt have to if you kept the right hours of driving and sleeping. I would look for a company that is honest and dont expect things that shouldnt be done. There are tons of trucking companies looking for honest drivers. There are also companys that have trucks that you dont have to keep a log book in. My brother works for one right now and loves not having to keep a log book. Hope this helps.
2006-12-30 00:47:06 · answer #3 · answered by Anonymous · 0⤊ 1⤋
You definitely do, but the difficulty may be in providing proof of what they said to you and the real reasons for your for court purposes.
Is there anyone else in the company who was "fired" for the same thing. See if you can get in touch and compare notes. If the statute of limitations has not passed on their "firing" case, you might join forces to help support/document company practices. Co-workers at the company may know of someone who fits this bill if they're willing to tell and the former employee will talk to you.
Also check with state or federal offices who regulate your industry. There may be complaints already filed by others in the past over being forced to work illegally and/or getting fired for not cooking the logs. This would be a vital source for you. Are there any trucker unions operating in your field? If so, get in touch with them. They may be able to give you leads/ideas on your case/situation, may know of experienced attorneys who would take the case on contingency, etc.
This may be difficult, but I hope you don't back down or walk away and that they are held accountable. Everyone's safety is at stake, not just yours for being over worked and they need to pay for that big time. Good luck.
2006-12-30 01:52:16 · answer #4 · answered by answerme 6 · 0⤊ 0⤋
Go to the Department of Transportation and let them know. You may also go to the National Labor Relations Board, your case could be investigated also by the Equal Employment Opportunity Office (EEOC for your State) To relieve stress, without giving too many details go to http:??www.ripoffreport.com and put that on their webpage and link it. A lot of attorneys go to that webpage to pick up new cases. Good luck!
2006-12-30 00:47:54 · answer #5 · answered by Sassy 3 · 0⤊ 0⤋
No case. They can fire you for whatever reason they want. Further, the fact that you were breaking the law would be unimpressive to a court.
But I would encourage you to get an attorney to talk to them - they are in a weak position because they are breaking the law.
2006-12-30 00:44:18 · answer #6 · answered by trader_dude_turned_surfer 3 · 0⤊ 0⤋
I think you have if you have been forced to work past your legal hrs and want to make a big stink about it yes but keep in mind these bosses get together and make it hard to get another driving job.But dont let that stop you someone has to take a stand.
2006-12-30 00:47:14 · answer #7 · answered by burning brightly 7 · 0⤊ 1⤋
If you have evidence or proof of this, then yes. I would go ahead and report them to the BBB b/c it is very dangerous to have exhausted drivers in several ton trucks on the roadway. Please whistleblow, if not for yourself, but for other innocents out on the roadway. Good luck.
2006-12-30 00:42:45 · answer #8 · answered by ♥austingirl♥ 6 · 0⤊ 0⤋
yes, you have to go through the national labor board and file a grievance. a dispatcher or company representative cannot fire you for abiding by FEDERAL regulations. you can go to the D.O.T. handbook, chapter pertaining to hours and file grievance around that statute. hope this helps.
2006-12-30 01:07:32 · answer #9 · answered by Hi~ 3 · 0⤊ 0⤋
might end up being one of those cases of he said she said. Unless you can find someone else this happen to with the same company and boss .
Good Luck
2006-12-30 00:45:26 · answer #10 · answered by mouse 1 · 0⤊ 1⤋
Not unless you can prove it. If you live in a 'right to work' state, they don't have to give you a reason for firing you. You'd have no case at all.
2006-12-30 00:42:13 · answer #11 · answered by normobrian 6 · 0⤊ 0⤋