[newbieoldman]

I registered after reading some comments on other threads about taping phone calls and the potential use of the tapes to incriminate companies/dispatchers blatantly ignoring drivers when drivers are explaining that they can't do the assigned load in the given time, and whether those tapes would be admissible as evidence.

I have a degree in communications, and as such have been through courses covering the legalities of taped conversations and how they could be used. The short answer is if the other party did not know they were being taped, then you are never going to be able to use that tape as evidence. At least that is what we were told in classes.

However, what you can do is write a verbatim transcript of the conversation and submit that, and that would be admissible. You don't even need to tape the conversation, just document the conversation as soon as possible after it takes place. It doesn't need to be grammatically correct, just note the date/time, write down what you told your dispatcher and what the response was.

Be factual, not emotional. Facts carry weight, and phone records can be used to verify the call actually took place, and for how long you spoke.

The other thing I wanted to offer was if you are in a situation where you are having to start making written records, it's probably time to start looking for another job. When it gets to that point (and I have been there) the people you are dealing with are not people you want to deal with anyway. I do it to protect myself from future actions that may take place. But I also move on as quickly as possible.

The best way to avoid getting into trouble is to get out of the situation that is pushing you in that direction to begin with, I think.

[Mr. Ford95]

That is correct, unless you inform the other party that you are going to be recording the conversation, it cannot be used as evidence if for some reason you go to court. It will backfire and get yourself into trouble.

[Skywalker]

Originally Posted by Mr. Ford95

That is correct, unless you inform the other party that you are going to be recording the conversation, it cannot be used as evidence if for some reason you go to court. It will backfire and get yourself into trouble.

While that may be a good general rule of thumb....its subject to the various state laws that may allow it in different types of cases. If I was that worried or upset over something to the point that I found it necessary to bother trying to nail someone with a recording.....I would have already found another job....and then mailed the tape (copy) to an FHWA Compliance Auditor, identifying the dispatcher by name..... :twisted: And then again I might also set up an "audio file" for people to access on the web....for people asking about what to expect if they go to work for "X" company. :mrgreen:

[Rev.Vassago]

Originally Posted by Mr. Ford95

That is correct, unless you inform the other party that you are going to be recording the conversation, it cannot be used as evidence if for some reason you go to court. It will backfire and get yourself into trouble.

In certain states, only one party has to be aware that the conversation is being recorded.

[Mr. Ford95]

What if your in one state that allows it and they are in a state that doesn't allow it without prior knowledge??

[Uturn2001]

For the most part, drivers with any intelligence do not use a "dispatch buster" with hopes of nailing a stupid FM in any legal proceedings. They use it for 2 reasons....1 to ensure they have an accurate account of load information/directions/etc. and to bust the dispatcher with his boss if need be.

It does not matter if the other party knows you are recording them or not, if the dispatcher tells you to do something illegal and you do it, your azz is still in the hot seat and you are going down. All the recording might do is insure that you have company on your trip to the bottom.

[Skywalker]

Originally Posted by Uturn2001

For the most part, drivers with any intelligence do not use a "dispatch buster" with hopes of nailing a stupid FM in any legal proceedings. They use it for 2 reasons....1 to ensure they have an accurate account of load information/directions/etc. and to bust the dispatcher with his boss if need be.

It does not matter if the other party knows you are recording them or not, if the dispatcher tells you to do something illegal and you do it, your azz is still in the hot seat and you are going down. All the recording might do is insure that you have company on your trip to the bottom.

SO true, so true.

The only other possibility for its use is if you are "wrongfully" terminated, and decide to sue the company and the dispatcher for damages.....the tape can be used by your attorney "under certain conditions".....legally, and most certainly can be used as "protected work product" not subject to review by company's lawyers...to formulate his interrogatories and go after the dispatcher and company in deposition taking... But that is only good if you have the notion and will to go after them. Otherwise its "just a tape".....

[Fozzy]

Why work for a carrier or work with a dispatcher or anyone for that matter who you think is lying to you every time you talk to them?

[Uturn2001]

Originally Posted by Fozzy

Why work for a carrier or work with a dispatcher or anyone for that matter who you think is lying to you every time you talk to them?

It is possible to basically like the carrier you are working for but hate your dispatcher and you may need some sort of proof in order to get something done.

In todays tech world I always had everything put on the QC (qualcomm). A lot better than a tape machine IMHO, but then again not every company has onboard communications.

[newbieoldman]

Well, my whole point was to just write stuff down if you really get into a bad situation. It kind of turned into a debate over the legalities of taping conversations.