unenjoynment - I got spanked hard
 

Got let go today from my job, been with Mclane Distribution for almost five years delivering convenient stores in the Boston area. Actually I am happy about the whole scenario because I've become real tired with dealing with the "hamper heads" thieving stores, parking issues ect, not to mention pulling a 48' trailer through the streets of Boston during the day time.

The reason behind me being let go was given to me as such, I was told I was"embezzeling" monies from the company.

Here is the scoop, Mclane pays via a formula, so much $$ per stop, per mile, and so much per weight. If your load is under 300 miles in length you are paid at X if it is 300 plus mile you're paid at XX. What the formula is I'd have to look up. But it works out to be around an extra $80 per load. Guess what I did, made everything at least three hundred miles.

Perhaps not right to do, but there was plenty of opportunity to do this. And I took every advantage I could.

Here is the skinny on this post. I am considering running for Transport Industries, Specificaly the Brisk devision out of Front Royal VA. or perhaps Fed EX out of the hartford area of CT.

I talked with a long time friend who works for Trans. Ind. and he told me all miles are paid the same, and according to him the top earner made around 240K last year. If by what the site tells me they are being paid 0.92 per mile either empty or loaded and by all my calculations 240k per year is just around 2500 per week, is this a reasonable assumption or am figuring something wrong. 240K / 1.84 .(92mt+.92ld=1.84)

If my math is right the guy ran around 130,000 mile last year, 2500 or so mile per week or about 500 per day, to earn the $$'s that he supposedly earned.

Like I said in my 4th paragraph - sentence I know what I did was not right, but then again we all do what we gotta do when we feel the time is right.

What am I missing here, is it worth my effort and time or should I look into Fed Ex, I have know idea about Fedex but can find out some things through another guy I know who hauls for them as an O/O.

Re: unenjoynment - I got spanked hard
 

Sounds like they were right in firing you. Better run your DAC, cuz this could prevent you from finding another carrier. I certainly wouldn't want you driving my truck.

NHE I would consulte an attorney quickly; everyone here can give you their advice....n its like u know what, everyones got 1. The fact is if they put something like that on your record, the company may have commited a criminal act themselves, you need professional advice to protect yourself. Rev may have sided with the company that terminated me (dont know just supposing and dont want to go into particulars) but the fact is the company 4 years latter is talking settlement with a decent amount paid to me for wrongfull termnination. Wrongfull termination is one of the hardest suits to win, so your best to check out the possibilty your previous employer violated laws against slandering you in their company files, they cant write anything inflamatory that they cant prove beyond a shadow of a doubt about you, and lately our government has swung to siding with the employees over employer (personally I think about time!)

I don't see how they committed any criminal act by reporting what he did on his DAC. After all, he admitted to it.

Re: unenjoynment - I got spanked hard
 

Your math is definetly wrong, 2500.00 a week is 130k not 240k..
.92 cpm loaded or empty is .92cpm for all miles so 130k miles at .92cpm is 119,600????????

130,000 miles X .92 per mile = 119,600 dollars. Why are you multiplying .92 X 2 ??

Yeah, thats what I want to know.

Also Brisk is now Greatwide, div of Dallas and Mavis, don't know if thats better or worse.

I sent the request for info from Brisk and was not impressed with their operation, ALL loads arer HEAVY 45,000 pounds, and reefers.

Reporting to DAC just the facts no, putting something in their company file they cant prove beyond a shadow of a doubt could be.....these issues are never black and white, legal issues are always gray. I strongly suggest this driver files a criminal complaint with the department of labor with his local agencies, its free to do, and they take each complaint very seriously especially where the company is alleging criminal miss-doing on the employee's part, and fines against the company could be severe.

Hey guy's I am no genius when it comes to this industry by any means. Especially when it comes to the math side of things. I thought that if I run "x" miles empty and "x" miles loaded that I just deleted the emtpy miles and multipied by 2 the $$ they paid per mile to come up with the figure noted.

pepe4158 -------I did not think about the DAC report, how do I get one, does any one think that McLane being a private company would use such a thing? Yes they're a large company with around 14,000 people employed but I have to wonder if the DAC has even heard of them.

EVERYONE ELSE-------I do know what I did was wrong, but every body here in my opinion would have done the same if you could have made an extra $80 to $100 per week. Sorry but that is my opnion. I know that opinions are like a##hole and everyones go one but this is mine.

So what you are saying is that just because you defrauded a company out of money, everyone else does it too? :roll:

I could give the whole "everyone else jumped off a bridge" thing, but I won't.

What you did is CRIMINAL, and you are lucky they haven't pressed charges. They may still do it.

I suppose if the tides were turned, you would be here complaining if they were skimming money off your paycheck.

Guess what you say is right in some aspects. But I do know other drivers that do exactly what I did. Plenty of Mclane drivers do this, again what I did was wrong and I did not under any circumstances give anyone elses name to the company.

Rev Vasso ---Yes I guess I am saying that if most can stick it to the big guys, people (not meaning you personally) will.
I am not looking for sympathy at all I am looking to change venues and move on. If this means that I take harsh criticism from the people here then so be it.

Even if it was $1.20 with FSC and extras, still comes to 200,000 miles to gross those 240K! :roll:

Dac seems to be an all-powerdull entity, and I am very sure they have 100% covered themselves in anything wrote against you.
I would go after the employeer and his private personal folder on you. I strongly suggest you go on the offensive yourself and file crimimal charges through the Labor board against them, this will tell you whether your situation is weak or stronger then Rev thinks, its free for you to do and you have no down side as long as you only tell your side of the story.
I strongly suggest legal council tho, either a free initial consultation, or low coast advice somewhere. The case I have against a company, took quite a few years, and the attorney took it on, "consignment."
My advice is only file civil action if you get an attorney to take the case on consignment, dont waste your own $, but you will be in a stronger position if you are able to turn the table on McLane and show they have gone over the edge in your personal file (violating labor laws) which is pretty easy to do and you have the power of the US government behind you......ummm I wouldnt admit to any willfull wrong doings either, only possible human calculating errors, just my suggestion.
Rev wants to think this is so black and white....I quarantee in a court of law it never is.

pepe4158-- I am not sure quite what yo mean by violating labor laws but I can say with strong opinion that our Trans manager was adament about having the co-driver coming out of the sleeper (on the logbook) and helping out whith backing into tight spaces.

If the driver decides to stir up the hornets nest, they WILL do it. It's pretty clear in his post that the driver was let go due to embezzeling money. That's not a charge made lightly and it's not something they would do if they couldn't back it up. So not admitting to it doesn't matter. They'll have the paperwork and the logs to back it up.

Additionally, if you go after a company as large as McClane, you'll get to run the gauntlet of all their high-paid, high-powered attorneys. Not something I'd want to happen to me, especially if I knew I was guilty.

I agree with Rev. What you did was wrong and there are criminal charges and jail time associated with embezzelment, regardless of whether "everybody" is simply doing it. :roll:

If I were you, I'd get a lawyer pronto, tell him what's up, and prepare a defense against the charges when they come after you. If you let it lay and simply move on, they may just possibly pass you up as a small fish. If you go after them for wrongful termination and can even FIND a lawyer that would work with you due to the circumstances, expect McClane to go all out and butcher you for all the world to see. If that happens, I'd give you exactly 0.00% of coming out of it intact.

K...Everyone the company hires or does business with they keep a private folder on, according to law they have to make this readily accessable to you to view (in reality they dont however and use it to write anything nasty they please), however US labor laws are very specific that they can only write things they can prove beyond a shadow of a doubt, which I really would doubt they have in your case. Call them on it, by reporting to your local labor agency you believe they may have wrote miss-truths about you and you want them to investigate (just tell your side of the story). I quarantee they will investigate and if MClain is not squeeky clean they will be fined.

[quote="Twilight Flyer"].

Dude your way off here. If they had a case against him. They would have filled it already...What the he%* you think, they arent filling already cuz they luv him so much LMAO...They arent flling cuz if their case isnt that clear they wont file, filing first with the labor board protects him, as anything done after would be viewed by the labor board as punitive action against the file......but I agree your best advice is to probably just move on if you can, just best to get real professional advice (as opposed to all our God awfull marginl advice lol), and file your complaint with the proper agency

sorry;computer keys stuck

the term embezzlement in this this post was my own words. I do and understand that a company a large as Mclane's does have high powered laywers, especially when the company is owned in whole by Wareen Buffett.

What I am now wondering is how do I check my DAC report, does it play into consideration with ALL companies.

Also how do I go about clearing my"name" in the business??

If they had a case they would have already...or am I to believe because of their love for him they havent yet?
Fillimg with an US agency, his rentition of the story, protects him, not hurts him, and the US government would view it as retribution if McClain came after him for filling.

My opinion of Wareen Buffett just went down 100%....good Lord...hes the biggest liberal around spousing how things should be more fair for the common man., and I have never, as a driver, been treated more like a piece of crap as on a Mclain Dock

Like Twilight Flyer said, perhaps it wasn't worth their while to pursue it. After all, their attorneys don't work for free. But if he digs too deep, and starts throwing charges against them, they may retaliate.

Apparently, you have never heard of a countersuit. :roll:

Hmmm just do your best to tell your side of the story, and within reason portray yourself favorably and perhaps some miss-understanding? I know for sure DONT speak bad of your former to a possible new employer or client. I know when I was in management we really looked down on that; was the general consensus.
When I speak informaly of my Ex's concerning this I dogem out and trash them, but never when doing business.

Like Twilight Flyer said, perhaps it wasn't worth their while to pursue it.



If you REALLY believe that I have a bridge too sell ya...cheap; cuz the fact is any chance they have to punish someone out of step they WILL. As I insisted, they only drop it when they dont have a case.You best bet your bottom dollar ANY chance these companies get to F you they WILL! ESPECIALLY someone they think wronged them they already WILL prosecute to their fullest avenues.

Apparently, you have never heard of a countersuit. :roll


Apparently you never heard of Uncle Sam and trying to fight City Hall.but at this point its obviously his decision and the best way to move-on, and best to get legal advice from professionals.

I dunno, if I am being attacked I just always go on the offensive myself so try to advise someone that way. Just a philosphy of mine I quess. It was Napolean who stated, ;THe logical recourse of a defense is surrender." but different strokes for different people I quess.

There is a tinfoil hat in your future, and your concept of how a business operates is laughable.

Let's say, for example, that the O.P. was fired for embezelling $5000. According to you, the company would take that $200 an hour lawyer they have on call to go after him. After 25 hours, the lawyers' fees would outweigh the original loss.

But as you said:

Even if it costs them more to do so than they could ever recover. :lol: :lol: :lol: :lol: :roll:


But let's run another scenario, shall we?

The O.P. decides to take your advice, and files a wrongful termination suit against the company. Now, the company has to call that $200 an hour lawyer to defend them. To offset some of the cost of defending themselves, they decide to countersue for the original $5000 that they WOULD have let slide, because now it is in their interest to do so (since the lawyer is going to be going over their documents anyway).

Which sounds more plausible? I say the latter.

just cuz they haven't filed a suit against this driver doesn't mean they don't have one!they may just not want the hassles of a court case. I would check my dac and if it's clean I'd let it go. Your ex knows the law and as a paying customer dac will advise what not to say. If anything your dac says " will not rehire" that's no big deal, I just found out I have that on mine from an ex about 4 years ago and just was asked about it.
We had a local driver that was short paying invoice's for quite awhile and when it finally caught up with him,he was just let him go and had to pay back a couple hundred. A couple of weeks later I was called to check his employment all I could say was yes he did work here and no we would not rehire him. Now he's driving for a competitor

but than this is just my opinion and we know what that's worth :lol:

They'd spend a 100,000 if they though they could hang someone as an example. It isn't always about the money.

Man, maybe the lesson here is, don't tell ppl on here what happened. every pseudo lawyer and over assumer has an opinion and more then happy to share it with you. :roll:

They'd spend a 100,000 if they though they could hang someone as an example. It isn't always about the money.



Ditto 100%

It ISNT a suit he has to worry about, criminal charges is what I ws discussing, and they havent filed them cuz no DA apparently will take them serious and saying its a civil matter; or else they WOULD have pressed charges already!

You mean like this:

:?:

Rev...look no offense man really, cuz you sound like a hard working small business owner that anyone would be proud to work for; with that being said your scenario shows you are really WAY off on what a wrongfull termination suit is like (I can tell from your scenario.). Take it from someone who HAS won a wrongfull termination suit against a major company.
For one you will have noted before I mentioned NOT to spend your own $ on an attorney(other then low cost initial advice $25 now I think), if you have a strong case, an attorney will take your case on consignment and will assume all legal action in defending you in any shape or form. Getting him to take it on consignment isnt easy tho, they only would take a case they are confident of winning and that requires a LOT of leg work and reasearch on your part, which it may be in the OP's best interest to move on, depends on him or her I quess. I am just sick off taking big company crap and fight back myself .

That isn't the point - the point is, he admitted he did something illegal. We aren't talking about someone who was fired for no reason - he admitted he was skimming money on something he shouldn't have been getting it on. Going after the company for terminating him for it would be foolish, and could jeopardize his entire trucking career, and possibly land him in jail.

Could he bring a suit against the company? Sure. Would he win? Maybe, maybe not. Is it worth it? NO FREAKIN WAY. It would only open a can of worms that he should be running as far away from as possible.

As I said earlier - he should thank his lucky stars that firing him was all they did. It could have been a lot worse.

Hmmm the point being he did something illegal and admited to it, (certainly not in his best interest, needs to not lie but put his best foot forward) hmmmm not sure if he would quite admit it to that being the case tho, especially if he WAS on trial, but if he would, why do you think the first thing a good attorney says is, shud up n let me do the talking :D
As I said tho, some things are not as black n white in a court of law, you see them that way tho which is good, thats why I believe if your a small time buiz owner I could get a fair deal from you.

Stealing from the company- got caught- got fired. What am i missing here?

As far as an extra 80-100/week, thats chicken shit money. Now you have a smudge on yoru record (if it shows) as a theif, even though you didn't steal product.

I'm not going to play "holier than thou", because if my trips were within 10-20% of 300 miles, I might "fudge" it every now and then. But EVERY trip??

As far as trying to sue THEM, good luck! Like the rev said, they are the sleeping giant. Don't wake them, and you'll be a-ok. Statute of limitations can still allow them to file charges against you, and most likely recoup the moneies paid to you.

As far as wrongful termination suits, I wouldn't want to work for a company that fired me. I have been fired before and didn't reataliate- I found another job, and moved on :wink: As pepe said, hes been through the courts for like 4 years waiting on a settlement. Don't put yourself in that boat.

As far as fedex or any job in that sector of the industry, you may have screwed yourself.

And let me say, you are taking the positive and negative criticism well that people are dishing out. I hate it when people ask advice, then get pissy when people post things they don't want to hear :wink:

One question for you- was it worth it? Be lucky they didn't press charges, then you'd REALLY be screwed!

Sorry it's been awhile since the last post, things with the family to take care of.

Rev Vassago--- Yes I AM lucky that the company seperated me from employment, and decided not to press charges against me.

To every one else: I am not looking for retribution, just cleaning up my name so to speak. I DO have a good standing with my fellow drivers and also the dispatchers. All the dispatchers have said that they would give me a character refrence, which to me says alot. There is a lot of things going on at the local McLane that doesn't meet the eye so to speak, that probably I shouldn't talk about.

Nobody has yet to tell me how do I get my DAC report, I know how to get my DMV report, but IF I need to check my DAC report can some one please tell me how to do this.

Give it a week or two to show up on your DAC. If you got fired a few days ago, it might not be there yet.

I forgot the link to the company, but its under a different name (I believe)
and you can request 1 free copy before having to pay for additional ones.

Not lucky I am convinced, more like they contacted the local DA and he said, "Dont bother me with civil issues." Or else they would have roasted and fried him if the DA showed any interest, thank the DA, not that piece of ^&%^ big company lol, they couldnt give a %^$% about him and his family I am convinced (shame on you Warren Buffet you big liberal PHONEY!) Just glad to see you have a good attitude about picking things up and moving on GL to ya

I'm curious if he will get a last paycheck. Mclane may hold back money he stole, or hit him with a bill to repay. They might go to court and get a judgment against him and try to garnish his wages.

The handheld delivery boards we use came out right when I started driving. We had several drivers in our district fired for taking more than an hour for lunch. They thought they could take 1 1/2 to 2 hours of lunch everyday and make a little extra money. You know $80 to $100 a week. What these dummies never thought out was the computer keeps track of your delivery times. So a supervisors would print out a drivers delivery record and see a two hour hole in his day. After seeing that for several days Loss and Prevention is called in to follow the driver and observe what he is doing. They witness it, and the driver gets canned and has no way to come back. Stealing is an offense that not even the teamsters can overcome and thankfully so.

Companies use so many computers now a days that its nearly impossible to get away with anything for too long. A simple formula in a fast food restaurant that compares inventory to sales can tell a store manager if food is being stolen. This Mclane driver got caught because some computer program flagged it and management started looking at his records and found he was cooking the books. I would say getting fired is the least of his problems right now. Better pray Mclane just doesn't want to hassle with him.

NHExplorer- if you have any friends left at McLane, try finding out how they are going to pursue this, you might even call the guy who invited you not to come back to work anymore. Also I am not sure by your posts if you actually ran an amount of 300 miles driving or if U just put that figure on your paper work after you drove 150 miles. If you actually drove the 300 miles, maybe not employing the most direct route, they really don't have a case against you- they can't come after you for being a smuck. Now if you only did the 150 per day, maybe U could get community service, like cleaning up the sides of highways and watching Steve Booth drive past in his red truck.