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.
