Is OFF DUTY equal to OFF RESPONSIBILITY

[drippy]

I recently found out that my company is withholding $750 due to a theft from my flatbed. This theft occurred during a 34 hour reset (weekend)...question is this...am I still responsible for the load even though I am not allowed control of the load?

PS...I should have stated previous employer....I just quit them.

[Sealord]

"Is OFF DUTY equal to OFF RESPONSIBILITY?" No. My experience is off duty and off responsibility applies only when the truck and load are at a company terminal. BOL

[Uturn2001]

Check the employment laws of the state this company is based out of. In many states it is totally illegal to hold employees responsible for losses and to withold wages, unless you agree to it in writing at the time, to reimburse the company for those losses, regardless of what you may have signed during orientation.

[Mackman]

Check the employment laws of the state this company is based out of. In many states it is totally illegal to hold employees responsible for losses and to withold wages, unless you agree to it in writing at the time, to reimburse the company for those losses, regardless of what you may have signed during orientation.

I was just getting ready to say that. I know in PA they can not take your pay with out you signing something.

[drippy]

thx for the responses...I have been in touch w/ the State troopers to attempt to better define OFF DUTY. In short, they stated off duty, in Kansas, is off duty and off responsibility to the truck and trailer....also stated that I would have a civil action to attempt to collect my $$$.

KEIM TS, my previous employer, did hand out a "procedures manual"/ catchall of benefits and such. Within this collection of nonsense is a statement that relinquishes the driver from responsibility while fueling, lunch, and such...also states "rest stops"...my understanding would further be that a rest stop would include a 34 hour reset, whether a weekend or not.

[Double R]

statement that relinquishes the driver from responsibility while fueling, lunch, and such

That's so you can log OFF DUTY while you are eating lunch and such.

[ssoutlaw]

It would be hard to believe that any company would say in there rules you are responsible for theft of your load or any part of it when you are off duty. Even if you signed something like this, it wouldn't be worth the paper it was written on.
I had a similar problem a few yrs back. My sister lives in CA and I would drop the trailer at a home depot, with the company's permission. Used a pin lock and glad hand lock, and locks on trailer door but a drill works good to break the kingpin and glad hand locks. Trailer was jacked, and the company said it was my fault. I played back the permission they gave me on tape and had to sue for the 1000.00 deductible they took out of my check. Judge gave it back to me and said the paper I signed wasn't worth a crap!

[Cluggy619]

It is rather convenient you would start another thread. But the answer is the same. When you leave your load in a unsecured area, stuff will get stolen.

Did you get permission from Walmart to leave your truck on their lot? Not likely.

Did you get a tape of your dispatcher giving you the OK to leave it there?
Not likely.

And did you pay the police department to watch your truck?
Again, not likely.

And you didn't tarp your loads, so they were open to the public.

So your company is keeping your bonus. Like everybody stated on that other post, BIG Whoop.

This is the post he started on Jan 25, 2007:

http://www.classadrivers.com/phpBB2/...er=asc&start=0

And ssoutlaw, your right. I am a troll and a sh#t disturber. But the only reason you went to defend him so hard is because it happened to you. But there is a difference in what had happen.

• 1st. You had a tape of your dispatcher OK-ing the drop.
  
  2nd. You locked your glad hands.
  
  3rd. You lock your kingpin.
  
  4th. You locked your trailer doors, so your load was NOT seen on the outside.

Those four thing sets you aside for drippy because he did NONE of those things. He's lucky they didn't take the trailer.

[ssoutlaw]

It is rather convenient you would start another thread. But the answer is the same. When you leave your load in a unsecured area, stuff will get stolen.

Did you get permission from Walmart to leave your truck on their lot? Not likely.

Did you get a tape of your dispatcher giving you the OK to leave it there?
Not likely.

And did you pay the police department to watch your truck?
Again, not likely.

And you didn't tarp your loads, so they were open to the public.

So your company is keeping your bonus. Like everybody stated on that other post, BIG Whoop.

This is the post he started on Jan 25, 2007:

http://www.classadrivers.com/phpBB2/...er=asc&start=0

And ssoutlaw, your right. I am a troll and a sh#t disturber. But the only reason you went to defend him so hard is because it happened to you. But there is a difference in what had happen.

• 1st. You had a tape of your dispatcher OK-ing the drop.
  
  2nd. You locked your glad hands.
  
  3rd. You lock your kingpin.
  
  4th. You locked your trailer doors, so your load was NOT seen on the outside.

Those four thing sets you aside for drippy because he did NONE of those things. He's lucky they didn't take the trailer.

You did understand my point! you see I was never protecting him in the first place. This whole debate to me was over what off duty really means.. and how to cover your own ass, and how to relieve yourself of any financial responsibility in certain instances! :idea:

[ssoutlaw]

To all you newbies, when you drop or park your equipment, always ask the land owner, never leave your equipment on private property without permission, good way to get it towed,then if its OK with the company, record the conversation, use pin and glad hand locks, and look in on your equipment often. This is how I have survived for 30 yrs.....

So whats the next topic??????????
This one is done for...lol

[Part Time Dweller]

Glad hand locks? You are joking, right?

A crescent wrench and 30 seconds will have the glad hand with your lock attached removed and another one screwed in its place.

The thing a glad hand lock is good for is keeping DA drivers from hooking a drop trailer at a dock before it is ready. And I wouldn't even bet on that, judging by all the ICC bumpers that get ripped off because a driver thought red meant go on the dock lock light panel. :?

[ssoutlaw]

Glad hand locks? You are joking, right?

A crescent wrench and 30 seconds will have the glad hand with your lock attached removed and another one screwed in its place.

The thing a glad hand lock is good for is keeping DA drivers from hooking a drop trailer at a dock before it is ready. And I wouldn't even bet on that, judging by all the ICC bumpers that get ripped off because a driver thought red meant go on the dock lock light panel. :?

A cordless drill is quicker than the wrench!

[Highwayman]

The thing a glad hand lock is good for is keeping DA drivers from hooking a drop trailer at a dock before it is ready. And I wouldn't even bet on that, judging by all the ICC bumpers that get ripped off because a driver thought red meant go on the dock lock light panel. :?

About the only thing I used glad hand locks for was to keep some moron from snagging my empty trailer when I would drop it at the company yard and bobtail home or to eat, etc.

[Cluggy619]

To all you newbies, when you drop or park your equipment, always ask the land owner, never leave your equipment on private property without permission, good way to get it towed,then if its OK with the company, record the conversation, use pin and glad hand locks, and look in on your equipment often. This is how I have survived for 30 yrs.....

So whats the next topic??????????
This one is done for...lol

I agree.

See you around.

[allan5oh]

Look at it another way. What if a crooked driver always parked in a "questionable spot"? Is he then responsible for it? Of course he is! Off duty does NOT mean you can park anywhere you want. If it was a truck stop, there would be a different story going on here.

You're confusing responsibility of the load with DOT regulations. Of course you're responsible for the load, you're the driver. That means if you park it somewhere for your reset, you should have it somewhere that will be safe for the entire 34 hours. If it's not going to be safe, don't park it there!

I do understand your situation though. How far is the closest terminal? Is there a better place to park?

[Part Time Dweller]

About the only thing I used glad hand locks for was to keep some moron from snagging my empty trailer when I would drop it at the company yard and bobtail home or to eat, etc.

A red "Out of Service" tag works for that also. I would have one from our shop in my truck and when I went home I would always drop the trailer so I could put the tractor in the barn, especially during the winter months.

Another trick for saving an empty at the yard is to put a seal on it. Every other driver will take one look and move on.

[drippy]

It is rather convenient you would start another thread. But the answer is the same. When you leave your load in a unsecured area, stuff will get stolen.

Did you get permission from Walmart to leave your truck on their lot? Not likely. Yes I did, matter of fact I have written permission.

Did you get a tape of your dispatcher giving you the OK to leave it there?
Not likely. I have no way of taping conversations currently.

And did you pay the police department to watch your truck?
Again, not likely. Yes I did, I pay property tax in county. Have you ever read "PROTECT AND SERVE.?

And you didn't tarp your loads, so they were open to the public. Finally you hit a right answer...though I did request from the dispatch a decision to tarp or not to tarp...

So your company is keeping your bonus. Like everybody stated on that other post, BIG Whoop. ....could you please send me your extra "BIG WHOOP"? ...baby needs a new pair of shoes...

The true issue here as follows :

If we are always responsibilty for the load, why are we not paid on a 24/7 basis? How much are you willing to do for NO MONEY? I do not mind the responsibility....just pay me for it.

BTW...as you so cleverly pointed out....I did post this issue twice. I apologize for possessing the power to make you read and respond against your will....just felt this was an issue that should be noted.

[ssoutlaw]

It is rather convenient you would start another thread. But the answer is the same. When you leave your load in a unsecured area, stuff will get stolen.

Did you get permission from Walmart to leave your truck on their lot? Not likely. Yes I did, matter of fact I have written permission.

Did you get a tape of your dispatcher giving you the OK to leave it there?
Not likely. I have no way of taping conversations currently.

And did you pay the police department to watch your truck?
Again, not likely. Yes I did, I pay property tax in county. Have you ever read "PROTECT AND SERVE.?

And you didn't tarp your loads, so they were open to the public. Finally you hit a right answer...though I did request from the dispatch a decision to tarp or not to tarp...

So your company is keeping your bonus. Like everybody stated on that other post, BIG Whoop. ....could you please send me your extra "BIG WHOOP"? ...baby needs a new pair of shoes...

The true issue here as follows :

If we are always responsibilty for the load, why are we not paid on a 24/7 basis? How much are you willing to do for NO MONEY? I do not mind the responsibility....just pay me for it.

BTW...as you so cleverly pointed out....I did post this issue twice. I apologize for possessing the power to make you read and respond against your will....just felt this was an issue that should be noted.

I think we should end this topic. To have used reasonable care you should have tarped the load, to keep prying eyes off the load. This is the place you went wrong! It has been pounded to death already and conceded to that there is a time you are not responsible. Let it go, you have learned and hopefully wont make this mistake again..

[drippy]

I agree...'nuff said.

[ssoutlaw]

I agree...'nuff said.

No not enough said! Quit letting your kid SMOKE....lol