Is OFF DUTY equal to OFF RESPONSIBILITY
 

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.

OFF DUTY/OFF RESPONSIBILITY
 

"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

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.

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.

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

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!

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.

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:

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