I Got Fired For Discussing My Hours Of Service
 

So, I had an early morning run and got back late from my run where I had hauled mail. I was back in the yard sometime around 10:00AM, did my 15 min post trip and would have finished my shift around 10:15AM on my count. I had been told the day before that my next shift had a dock time of 8:30PM; with having to do a 15 min pre-trip and a 10 - 15 min drive to the post office, I would have needed to start by 8:00PM. Because I was running late, with a late slip from the post office from that early morning run, I would have been about 5 mins or so short on my 10 hour break. I took my concern to the driver manager, she became irate, told me that the shift was for an 8:35PM dock time and that she "knew the laws."

She said, "You would too have your 10 hour break." She told me that she would see about changing my shift, to go home and she would call me. Upon getting home, I returned a call from her; during that call while on speaker phone with a witness present, she told me that she was "done playing games!" and that I just needed to turn in my badge, amongst some other things.

After returning to the office to return my badge, she proceeded to tell me again that I would have had my 10 hour break, that she knew the laws, and that she wasn't going to let me walk into her business and dictate how it was ran. She also told me that I should have done my pre-trip at the post office after I drove there. Ummmm??????

This lady clearly doesn't know the laws, but alright... so I got fired. I proceeded to file a whistleblower complaint with OSHA and they are currently investigating my claim and they have gotten FMCSA involved with it.

Per the General Managing Partner of the company, Midwest Transport, INC, I was fired for "complaining to my manager about not getting a 10 hour break, when clearly by I had." By their account, I turned my truck off at 9:54AM, had only 10 mins to do a pre-trip (because they will only pay their drivers for 10 mins of a post trip, even though we are required by law to show a 15 min one), that would have meant that I was done by their account at 10:04, and needed to be back to work at 8:10PM for my duties for the next trip.

I guess what really irks me is that my manager could have done things different. She could have said, oh I see where you might think that... let me make other arrangements for you, or lets work it out because you are running late. Instead, she just fired me. I feel MTI has violated my rights as a commercial driver. Now I am unable to obtain any other local work in my area because when potential employers verify my past employment, MTI is leaving the reason for my being terminated blank. 3 jobs have already told me that they won't even consider my application. In addition to that, MTI has fought my unemployment claim, so I haven't had any money rolling in for almost 2 months. I am fear of having my motorcycle, and car repossessed, in addition to be evicted from my residence.

Anyone have any insight??? I'd love to hear what everyone thinks about this.

I think you have done what you can do with filing an OSHA complaint, but I'd also look into filing a complaint with the state Labor Board, as well as getting a free consult with a lawyer. I know money may be tight, but if your account of the incident is true and accurate without leaving any details you may have a wrongful termination lawsuit. Never hurts to get an opinion from the "experts".

If you are in Florida, I'd just forget it and find another job. It's a state that doesn't really protect workers. Maybe because you don't pay state income taxes.

Contact the DOT and explain it to them.

I didn't realize we are supposed to show 15 minutes for a post trip. Does anyone know if that is correct? I have had several dot inspections and had my logs checked by DOT many times and I've never logged 15 minutes for a post trip inspection.

I guess it depends who you ask...I've always been told that is required, I used to train and could cite the authority for you but I've been away for so long.

I wouldn't want you to work for me either. Really, you are complaining about 15 minutes??

I wouldn't want to work for you either if you wanted me to run illegally 15 minutes or not.

My sentiments exactly. A whole 15 minutes....

If they check his EOBR and he took a 9 hour and 54 minute break, his ***** is in trouble, while it may be petty to you guys, it IS the law and how the DOT wants it.

For those of you who think that EOBR's are so great which I am NOT one, this is what happens.

Did anyone notice " I was back in the yard sometime around 10:00AM" and " around 10:15AM on my count"
The OP sounds like they really keep a tight log... NOT!
Sounds like a case of poor me whaaa whaaa. This same post was on another board and he didn't get the answers he wanted so he came over here to whine.
Next time KNOW the EXACT times your logging.

From here:http://www.fmcsa.dot.gov/rules-regul...ng%20pre%20tri


Question 23: When the driver’s duty status changes, do §§395.8(c) or 395.8(h)(5) require a description of on-duty not driving activities (“fueling,” “pre-trip,” “loading,” “unloading,”, etc.) in the remarks section in addition to the name of the nearest city, town or village followed by the State abbreviation?

Guidance: No. Many motor carriers require drivers to identify work performed during a change of duty status. Part 395 neither requires nor prohibits this practice.

Just wondering when drivers are allowed to complain then? 30 minutes? 45? 1hr? 4hrs? Being told you have to drive illegal is just as, if not more, illegal than actually driving illegal.

He was back In the yard "sometime" around 10:00, and ended his post trip "around" 10:15. Even he is not positive what his hours were. I don't know if he has an EOBR or not, but I do know that I would never drive for a company that told me when I was tired and when I should sleep.

So, it's ok if he's not tired whatsoever, but got into an accident with a drunk driver who caused the wreck then, right? After all, it's not his fault. They won't check his logs, fine the hell out of him, cost him his career and possibly jail time. At least now I understand.

The FMCSR's do NOT require showing 15 mins for either a pre or post trip inspection. They DO require every driver to DO one, but... the few things required to be checked could be done in less than... say 6 mins. So... If a driver ended his shift at exactly 0954... he could perform the post trip and log off duty at 1000 hours.

The regs require that each driver complete a post trip inspection report at the END of his shift (or workday) but does NOT specify a required time to perform such a check, nor a required "entry" in the HOS grid.

The regs require that a driver must be "satisfied" that the CMV is in proper working condition, but that can be accomplished by reviewing the post trip report from the previous driver... which might well he HIMSELF.

This is a very nebulous area of DOT regulation, but it seems that there is very little "time" requirements for the driver himself. The carrier is required to maintain periodic inspection reports, and ANY problems noted on the "post-trip" DVIR must be corrected and signed off on before he can drive it again.

If a driver is out (on the road) for a week or so... he must complete the DVIR at the end of each day, but again... no requirement for logging it, per se. He must continue to be "satisfied" that the regulated items are in good working order.

TEAM drivers are not actually required to DO a pre-trip if they are satisfied that the other driver checked (or was aware of) the condition of the CMV. But, each of them is required to fill out the DVIR on their log at the end of their shift/day.

It seems "plausible" at least, that the DM in the O.P.'s case actually DID know the regs... but, I don't claim that she did. If the truck was on the yard and "shut off" before 10 a.m., the driver COULD have legally logged a 10 hr break before coming on duty at 8 p.m.

This does NOT excuse her reaction. She could have simply explained the need to "correct" the logs (in a legal manner) so that compliance was not in question.

This also does NOT excuse the driver for not knowing the regs, AND... since he was told a day earlier what his "dock time" for the next evening's run was... his obligation to his company for "logging" his previous run (even though it was late) in a manner that would have satisfied the HOS, protected THEIR contract... and HIS job.

Something in the way "she" said.... "we're through playing games with you," suggests a history of nit-picking or arguing over HOS from this driver. But... it also could show a pattern of "coersion" by the dispatch staff trying to meet some stupid thing called a "dock time."

Obviously... this carrier is running things TOO thin, and trying to squeeze every minute out of the HOS regs!

I wouldn't work for THEM! And I wouldn't work for any of you that think a driver is a piece of meat! Maybe, he was incorrect in his understanding of the regs. Who TAUGHT logging to him? If you could fire a driver just for not understanding all the HOS logging regs.... well... many of YOU would be in the position HE is in! We all know how hard it is to find a job without a GOOD "reference."

The DM should have (unless she wanted to get rid of him,) explained how the logs COULD be made "legal" and he could make his dock time. I'm not saying that his arrival time should be "fudged," although... we all know that can be done. But, when we're only talking a few minutes, and it can BE done legally by returning his log and having him "correct" it.... then, what was the problem?

he posted this same thing word for word on the truckers report a few days ago and got slammed for 16 pages.... guess he didn't like it their so he comes over here to cry about......

If at first you don't succeed, try, try, try again.

I'm so glad I don't have a manager or dispatcher or safety officer.

eh its midwestern.... i'd never run for them or mccormic. i know i'm a bit late to this one.. contact the transportation manager at the L&DC/P&DC etc. if not check the reginal manager which is in memphis.

do yourself a favor.. go work for a good contractor, go call FSR/PCC. worked for them for 4 years, money is there every 2 weeks new trucks, good trailers etc.

That would be my take on it. I wasn't there (and personally dont really care) but something just doesnt ring true. I'm thinking this guy is a "difficult" employee to deal with. I'm also guessing he got back later then he should've and that may also be a habit they are tired of. He even mentioned a "late slip" from the post office. Whats that all about? My daddy always told me a good man will always have a job and I've found that to be true. Companies don't fire good workers over something like this. I mean come on 5 minutes? Sorry but I smell a whiny sub par driver and they just got tired of it.

You arrived @10pm. Post trip does not require 15mins. It is a quick walk around lights, tires etc. Can be done in 5 minutes so not required to log it, I never have. When I park the truck, click on line 1 right away. Post trip requires no paper work or check off sheet. As far as termination? Sounds like menopause day. As long as you questioned your hours nicely. If you were insubordinate and started ranting and raving about the law that's different. I would have gotten to work at 750, started pre trip at 8:00, rolling 8:15, arrive dock 8:30ish, and then run my load. I always inform manager ahead of time, this is a tight on time load, that will only work if all goes fast and perfect, I will do my best but no guarantees.

you are allowed to complain after 46 minutes and 32 seconds, statue number 395.BR549

I am speechless!

About what????

been there myself

http://i97.photobucket.com/albums/l2...llow-Hal-1.jpg

Kteas said:

Not exactly true. The regs actually specify that a pre-trip is not necessary if you agree with the last driver's post-trip inspection. But... they clearly state that YOU are responsible for a full post-trip, which I believe they specify much more than you described. I doubt you could do a full one in less than the 7.5 minutes that would relieve you of the need to log it on line 4. One of the reasons for this is that things could have gone wrong during YOUR last run. If you're running TOO tight to log 15 mins at the end of your day.... you need to re-think your situation.

Not true. Sometimes, the post trip is included on your daily RODS (as in my case.) Sometimes, it is a separate form (as WAS my case on an earlier job.) But, without citing the reg for you.... there IS a requirement for a signed PAPER copy of a post trip inspection. And a penalty for falsifying one!

Quit bragging, Hoggie! lol.

Rule BR549.549 says 16 minutes and 45 seconds

Regardless of the regs.... NOT doing a pre-trip can cost YOU (and others') lives! Not doing a post-trip can cost the next driver's (and others') lives.

Please try to remember that YOU are a professional. Not a kid trying to skip class or be late without getting a demerit!

Next time you get on a plane.... do you want the pilot to do a full pre-check.... or just wing it?

Not true even slightly. Some companies require you to check a box that says you completed 2 inspections. Some require you flag a post at the end of the day. Some dont give a flying crap as long as your pre is done. Dont make **** up.

It sounds to me like this driver is one of those guys who just likes to bitch and is always a problem. You're complaining about a couple minutes? really? So next morning you show up at work... you have 10 minutes before you can log on duty... um you sit around for ten minutes then log on and log your 15. No company is going to run so tight you dont even have 15 extra for traffic etc. It sounds to me like you didnt really want to work that day and were trying to scam out and she was tired of your ****.... drivers cost $$$ to recruit.

On the chance i'm wrong... im not seeing the reason to get into a shouting match over it. If it were an hour or they were trying to force you to log at exactly that time sure. But guess what they have a tough job and bad days sometimes too. You could have told her "ok ill go to the truck and log legally"... and then do just that. But no you got into a scream fight with a person who is probably used to dealing with people like you all day......