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drippy
Joined: 24 Jan 2007
Posts: 16
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| Posted: Wed Jan 24, 2007 1:22 pm Post subject: Is OFF DUTY equal to OFF RESPONSIBILITY |
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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. |
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Sealord
Joined: 20 Jun 2005
Posts: 1698
Location: Florida
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| Posted: Wed Jan 24, 2007 3:26 pm Post subject: OFF DUTY/OFF RESPONSIBILITY |
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| "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 |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4607
Location: East Central IL between the corn and the beans
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| Posted: Wed Jan 24, 2007 4:50 pm Post subject: |
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| 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. |
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Mackman
Joined: 14 Sep 2005
Posts: 2251
Location: Concordville PA
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| Posted: Wed Jan 24, 2007 6:40 pm Post subject: |
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Uturn2001 wrote: 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. |
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drippy
Joined: 24 Jan 2007
Posts: 16
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| Posted: Thu Jan 25, 2007 10:03 am Post subject: |
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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. |
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Double R
Joined: 11 Sep 2005
Posts: 815
Location: Pittsburgh, PA
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| Posted: Thu Jan 25, 2007 2:28 pm Post subject: |
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Quote: 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. |
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ssoutlaw
Joined: 06 Sep 2006
Posts: 793
Location: Indianapolis,In
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| Posted: Thu Jan 25, 2007 2:46 pm Post subject: |
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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! |
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Cluggy619
Joined: 25 Jan 2006
Posts: 839
Location: Denton, TX
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| Posted: Mon Jan 29, 2007 4:58 pm Post subject: |
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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/viewtopic.php?t=24230&postdays=0&postorder=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. |
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ssoutlaw
Joined: 06 Sep 2006
Posts: 793
Location: Indianapolis,In
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| Posted: Mon Jan 29, 2007 5:35 pm Post subject: |
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Cluggy619 wrote: 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/viewtopic.php?t=24230&postdays=0&postorder=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: |
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ssoutlaw
Joined: 06 Sep 2006
Posts: 793
Location: Indianapolis,In
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| Posted: Mon Jan 29, 2007 5:42 pm Post subject: |
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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 |
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Part Time Dweller
Joined: 06 Jan 2007
Posts: 335
Location: Western Chicago Suburb, IL
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| Posted: Mon Jan 29, 2007 6:22 pm Post subject: |
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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. :lol:
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. :? |
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ssoutlaw
Joined: 06 Sep 2006
Posts: 793
Location: Indianapolis,In
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| Posted: Mon Jan 29, 2007 6:24 pm Post subject: |
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Part Time Dweller wrote: 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. :lol:
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! |
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Highwayman
Joined: 27 Feb 2005
Posts: 1139
Location: At home
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| Posted: Mon Jan 29, 2007 9:36 pm Post subject: |
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Part Time Dweller wrote:
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. |
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Cluggy619
Joined: 25 Jan 2006
Posts: 839
Location: Denton, TX
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| Posted: Mon Jan 29, 2007 9:49 pm Post subject: |
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ssoutlaw wrote: 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. |
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allan5oh
Joined: 26 Aug 2005
Posts: 2127
Location: jackassville (winnipeg, mb)
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| Posted: Mon Jan 29, 2007 10:54 pm Post subject: |
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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? |
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