Dangers of blogging
 

Our VIP called me in on Thursday and told me I was no longer with the company, "effective today". The reason I was given was," You do a lot of online posting" and "you post your revenue numbers in the blog - that's totally unacceptable." A guy I know who used to work as recruiter in a trucking company said, "is that even legal?" I've been wanting to move on for a long time because the company trucks were getting all the best loads. So now I have a chance to do that. Sent my app to a US carrier who only has owner-operators in the fleet... Since it's going to take them 2 to 3 weeks to get me approved, I'm getting a temp job driving someone else's truck for a month.

The only problem I have is this: plates have been stripped off my truck, as they were the property of the carrier I was leased to. Technically, I can't even drive it off the lot. Anyone has been in this situation? I mean, what do you do with a truck if you are no longer employed with one carrier, but the next one is still looking at your app, and you have no plates? I know I can get my own plates, but MTO (Canadian DOT) would ask for proof of insurance and that's a lot of dough. Any advice would be appreciated ... The carrier said I can keep the truck in the yard for now, but I just don't trust them too much at this point. What if they do some damage to the truck, just out of revenge?

After posting the first message, I went to the MTO website and discovered 2 interesting things:

Vehicle permit and number plate(s) $20.00

Yearly Vehicle Validation Fees Cost

Passenger vehicles or motorized mobile homes
In Southern Ontario $74.00*
In Northern Ontario $37.00*
Motorcycles
In Southern Ontario $42.00*
In Northern Ontario $21.00*
Mopeds
In Southern Ontario $12.00*
In Northern Ontario $12.00*
Commercial vehicle gross weight 3,000 kg or less
In Southern Ontario $74.00*
In Northern Ontario $37.00*

So, it looks like the annual stickers for my truck are only $74 a year, same as for my car? That's weird ...

You don't need a plate to move your truck, only temp insurance. I've used it several times.

Also look at your contract, I doubt there's anything in there that they can terminate the contract "effective today". Usually there's a 30 day notice. Unless you break the law or do something serious (which will be in the contract).

If they disagree, you can easily sue them for 30 days income.

Check on a short term policy as in just long enough to get the truck home. You would pay a premium price for that but it would be cheaper than having it towed. Do you know any body that has a set of dealer plates? Failing that I would and you have to leave it there, I'd park it where they say(hopefully in a corner out of the way) empty it , lock it incl. an air lock, and take some pictures of it.

I would talk to a lawyer to see what options you have and if u did something really illegal.I don't see anything illegal since blogging and posting on the internet involve your free speech rights.

Posting revenue would be a breach of confidentiality. Can't believe a lease would not have that in it.

Many lease contracts have a clause (mine does) which states that either party can terminate the lease for ANY reason. Mine does also say, like Allan mentioned, that 30 days written notice must be given, although my guess is that many parties on both sides routinely violate that clause.

Sounds like Tracer's company is within their rights to terminate for blogging, but might be violating a written-notice clause, if the contract has one.

This is one example of the advantages to having your own base plate and bobtail insurance.

30 day notice is for no reason except to terminate relationship. It's in the fed leasing law. Breach can be immediate termination. That's contract law.

That's the thing: this company does NOT have written contracts when they hire you! So I think technically they can fire me anytime for no reason whatsoever. All I have is a print-out sheet with no signatures that lists what an o/o gets for free, what he has to pay for, remuneration. But it's just a print out...

How do you get it? I went to the MTO office and they said I can a plate for 20 bucks and add a temporary sticker but I still need insurance. They told me to talk to my CAR insurance company. I called them and they said they was nothing they could do since mine was a commercial truck. The agent transferred me to their commercial department and the guy there was no help either. "I doubt the insurance company will give you any temporary insurance, but I'll ask," he said. And added, "The simplest way for you to move the truck might be to tow it!"

Basically they are saying if I want to drive the truck myself it has to be insured by me. Which doesn't make sense since I have no authority to operate it as commercial vehicle. Finally I called a bodyshop that I want to fix my leaking sun visor (20 km away) and they said they can use a dealer plate but only if their employee drives my truck. So we agreed I"ll drive over to Cambridge in my car, pick up their driver, bring him back to Guelph and this guy will put the dealer plate on it and drive the truck to the bodyshop in Cambridge. They also agreed to let me keep the truck at the location till I get a new job - I don't feel like letting it sit at MacKinnon: no plates, no logos on the doors; it looks deserted.

I wrote about MY revenue; how's that a breach of confidentiality. Also, there was no written contract between me and this carrier. I don't think I did anything illegal, it's just it's their policy not to tell owner-operators what each load pays. You're supposed to accept or decline it without knowing the price. You only see what the freight paid 2 weeks down the road, on your pay slip. THAT SHOULD BE ILLEGAL, not blogging.

It sounds odd to me that a carrier would not give owner operators the rate before they take a load, unless you run mileage. In that case it doesn't matter. If you are paid percentage then they should give you the rate in advance so that you can decide whether the load pays enough.

They are required to have a contract.

I realize that this company was a place for you to get started and has provided you with valuable experience, but the arrangement you describe concerning pay/contract is one of the strangest things I have ever heard. No wonder they don't want any of their owner/ops discussing business. You could probably get them into all kinds of hot water if you were so inclined. OOIDA would love to hear about this.

I have read your posts in the past saying that you "wouldn't know how much a load paid" until it shows up on your stub. I just thought you weren't asking, I didn't realize the company refuses to tell you. Unreal.

That's putting it mildly :)

We asked them change the policy many times and they always said 'no'. I think they hide the freight rate because they prefer to put best paying loads on company trucks. And they don't want the freight rate info find its way to company drivers who make $600 on a 1,500 mile trip (40 cents per mile) delivering a load that could have made them $4,000 if they had their truck and trailer and were paid percentage. The problem is that I did make that $4,000, but only when company drivers and trucks were not available (either during weekends or holidays). Naturally you learn all this only AFTER you're hired. And there is NO written contracts.

It was my first job after I bought the truck so I didn't know any better. Now I'd never work for a company that has company trucks. 100% owner-op is the only way to go.

I found a way to move my truck out of the yard. A body shop where I need to fix my leaking sun visor is sending down 2 guys to do the move. They'll put the dealer plate on it and then they have to drive it, not me. Then, it's all copacetic. I asked MacKinnon to let me leave the trailer at the yard and they emailed me back saying, "D. has spoken to me regarding the storage of your trailer at our facility for a couple weeks. Please note that if you do store it here, we will be charging a standard weekly storage fee to be paid prior to us releasing the trailer. This fee would be $100 per week." So, I wrote back, "Thanks, I'll find other arramgements." Talked to the bodyshop guys and we're going to pick up both the truck and the trailer and their storage fee is pretty reasonable. $400 per month for a trailer? Give me a break!

I don't think I've ever seen a lease agreement that included a specific confidentiality clause. Nobody thinks trucking info is that big a deal.

Call the OOIDA right away. They eat this kind of stuff up. Maybe they will write something in landline about this ****bag company.

It's a Canadian carrier. I'm not sure OOIDA would be that interested. Plus my former employer still owes me 3 grand (security deposit). I'll wait till I get it - then I can start some noise :) like going to prweb.com and sending out a free press release :) "Canadian trucker fired for making too much money" I still think "blogging" was just an excuse. One of their best paying customers prefers to load their stuff on roll-tight/conestoga stepdecks, and MacKinnon has only roll-tight flatbeds. I was the only roll-tight step. That high-roller shipper was probably asking them why they sent me over only once a month; so once MacKinnon got rid of me, they had something to tell that shipper: "Use our flatbeds! We have no steps any more." They were going broke with me around, since they could only keep 23% of whatever the $3/mi the load paid. But when they put that load on a company truck, the poor bastard will go 1,500 miles for 40 Cnd cents per mile, and MacKinnon would laugh their head off all the way to the bank.

remember, there watching this site. shhhhhhh!:smokin:

Seems to me you assume alot. The carrier is taking all the good loads, they want all the high paying freight for their own trucks, they are not treating their drivers fair, they charge too much for storage, blah blah blah. You were warned once before for posting rate and shipper info on your blog from the same company that later fired you for continuing to do so (even if in a more vague way). Seems to me they were within their right.

One thing I have found out about dispatchers and load planners, more often than not they are about moving the freight with the least amount of trouble and with the least amount of effort on their part, if your in the area you get the load. They don't sit around and see how they can screw you the most.

"You were warned once before for posting rate and shipper info..."

Ahhhh...yeah, that could be a problem.

They never told me anything about my blog. The one time I was called in they asked me to stop shooting YouTube movies with a HANDHELD CAMERA while trucking. I complied immediately. And I don't "assume too much". I worked at the place for over 3 years. I know what the %$#@ I'm talking about.

That isn't the way I remember you telling it, but whatever. I would disagree with the assuming part.

From your blog Nov. 17,2009

Yep, they sure seem justified to me.

I deleted my blog today from blogger.com. You never know what a guy like mike3fan could find in the archives :) But I still think blogging shouldn't be a reason to fire someone who's had an almost perfect safety record. A Jim Park called me today to talk about this ... I asked him not to use any names, but he's going to talk about "dangers of blogging" in his next radio show on XM.

Damn it man, I that you took it down. your blog was one of my daily reads. Hopefully you get on with a carrieier that doesnt mind you discussing your own personal finances and travel stories. Even with Mackinnon and their strange ways you always seemed to portray them in a pretty positive light. The whole situation sucks and now i have one less thing to read.

I just went to look and it was down. I was hoping it was a technical error. I read it daily too. Hopefully, your new company will let you have one even if it's very plain.

I heard Jim Park talking about you on Dave Nemo with Truckin' Tim. Dave was off today.

X 2 Bring it back!!!!

While talking about the dangers off blogging, one of our other friends on this site should be careful about blogging about certain sleeping patterns.

And if he can find it..........






I agree, however if they want to fire you they can, the contract, 30 days notice or whatever means NOTHING.

ANYTHING, and I mean ANYTHING that the "carrier" has YOU sign is biased towards THEM and only THEM. Check into Landstars 34 page contract, small print no less, probably written by a team of lawyers.

A carrier NEVER EVER does ANYTHING that doesn't benefit THEM FIRST and foremost, and than maybe a little tidbit for you, it's all about them making money and moving freight, and you are just a helper (slave) for them to do that..............nothing else.

Your safety record is commedable but only if and when it suits them

Hey, I miss your blog already, I checked it every day, serious..................

Sorry ... guys. I took it offline till better times. The way I see it the only way to have a job-related blog is if you're 100% independent and work for yourself, under your own authority. Then the only person they can complain to about you is ... you :) You know how those 4-wheelers sometimes get angry with your slow big truck and call the phone number on the truck or trailer's side? Well, I am really looking forward to the day when I have my own authority and some 4-wheeler calls my number to complain :) But if the new company that hires me has a clear-cut policy on blogging, I might re-start it earlier. Just need to get back on the road pronto - the truck, trailer and the Conestoga cost me a lot of money sitting in the parking lot.

Anyone who says you can sue or need written notice is an idiot. 30 days income, Allan...seriously?

O/O's can be fired (contract terminated) at any given time pretty much. I've signed 3 so far, and all say contract for hauling can be terminated at any given time for any given reason. The same works in your favor.

Hopefully this will be the start of a great new chapter in your career, though!

Yes, seriously. But that's only if that's what the contract states. The two contracts I've dealt with both had 30 days notice, unless either both parties agree or if the contractor broke a law or violated a company policy.

So if they tear up your contract technically they can be sued for 30 days, because they violated their own contract.

I'm not saying this applies across the board, it really depends on the fine print within the contract.

Well, I confirmed this the other day with one of the VIPs at the MacKinnon: there's no contracts signed when an owner-operator is hired. For real.

Although it really is probably going off topic here:

Part 376.12: Written lease requirements. - Federal Motor Carrier Safety Administration

Generally what will happen is there will be a contract made up to satisfy these requirements. Usually in that same contract the carrier will add many more items, such as the 30 days notice. Maybe Mackinnon simply doesn't do this. I have heard of two seperate contracts as well, one basic one kept in the truck and a more elaborate one that goes into more detail. Of course leasing a truck from GE capital is totally different.

Or Mackinnon could be exempt from the requirements, being a Canadian carrier.

Don't know about Canada, but in US, you suppose to have a copy of a contract in your possession all the time. Or you might get in trouble with DOT enforcement. But my lease also have a provision, that it could be terminated at any time, for any reason, by either party....