TForce | Anyone Ever File Osha Complaint?

Brody

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Long story short I was terminated in August for refusing to drive without an ELD device. I ran the road the night prior on a trip card. Told management the next morning. He said he would have it fixed by that evening. Low and behold that evening wasn’t fixed I refused and was terminated. Back to work on suspension about a week later. No back pay. Same thing happened to a guy in NH and he won with a OSHA complaint. I had one going and decided to cancel. Now I have decided to reopen to right some wrongs. Any advice from you senior drivers?
 
Long story short I was terminated in August for refusing to drive without an ELD device. I ran the road the night prior on a trip card. Told management the next morning. He said he would have it fixed by that evening. Low and behold that evening wasn’t fixed I refused and was terminated. Back to work on suspension about a week later. No back pay. Same thing happened to a guy in NH and he won with a OSHA complaint. I had one going and decided to cancel. Now I have decided to reopen to right some wrongs. Any advice from you senior drivers?
BOSTON, MA – A driver who refused to operate a delivery vehicle that did not have either a permanent electronic logging device (ELD) or a mounting device for a portable ELD was terminated for “gross insubordination”- and now, UPS Freight has been ordered to pay the driver $15,273 in compensatory damages, $30,000 in punitive damages, and approximately $2,700 in back wages plus interest.

Something I just read...
 
Long story short I was terminated in August for refusing to drive without an ELD device. I ran the road the night prior on a trip card. Told management the next morning. He said he would have it fixed by that evening. Low and behold that evening wasn’t fixed I refused and was terminated. Back to work on suspension about a week later. No back pay. Same thing happened to a guy in NH and he won with a OSHA complaint. I had one going and decided to cancel. Now I have decided to reopen to right some wrongs. Any advice from you senior drivers?
Contact Paul Taylor Trucker Justice. Best lawyer in the country to get drivers their job back. Clicking on this link will answer a lot of questions you have. Paul will tell you, you need to have documents, recordings & anything else to back up you claim. Your company will lie about what happened. Expect it. Be prepared to counter it. Good luck. von.
https://www.truckersjusticecenter.com/
 
Long story short I was terminated in August for refusing to drive without an ELD device. I ran the road the night prior on a trip card. Told management the next morning. He said he would have it fixed by that evening. Low and behold that evening wasn’t fixed I refused and was terminated. Back to work on suspension about a week later. No back pay. Same thing happened to a guy in NH and he won with a OSHA complaint. I had one going and decided to cancel. Now I have decided to reopen to right some wrongs. Any advice from you senior drivers?
You are a target the minute the company finds out your going to war. Find out your states law on recording conversations. Find a good app in your phone for recording. The mike in the phone is what makes the difference. If bad, 60 bucks will get you a decent digital recorder. Boy Scout Motto 'Be Prepared" Become best friends with the office staff. Find the copier & use it. A lot of documents & recordings will prove your case every time. You are @ war with your company. Think like the Boy Scout 'Prepare for War'. von.
 
You are a target the minute the company finds out your going to war. Find out your states law on recording conversations. Find a good app in your phone for recording. The mike in the phone is what makes the difference. If bad, 60 bucks will get you a decent digital recorder. Boy Scout Motto 'Be Prepared" Become best friends with the office staff. Find the copier & use it. A lot of documents & recordings will prove your case every time. You are @ war with your company. Think like the Boy Scout 'Prepare for War'. von.
And last but no least, keep your mouth shut around your fellow workers. This is not of their business. The world is full of rats. Some of the human kind. Loose lips sink ships. von.

The 7th circuit in Chicago ruled that you have no case until you have been injured. Loss of pay, or benefits for example. Suspend for a week, you lost pay? You have a case. The question is do you want to start a action that will become difficult. Good luck. Be sure to contact Paul. Even if he does not take your case, he has a lot of information to help you in your claim. von.
 
First file a complaint with the FHWA under coercion. That will open the door for the OSHA whistleblower complaint. Once you file you are protected against any retaliation be it economic or write ups. Stay tuned I know of at least 2 more pending....
 
Long story short I was terminated in August for refusing to drive without an ELD device. I ran the road the night prior on a trip card. Told management the next morning. He said he would have it fixed by that evening. Low and behold that evening wasn’t fixed I refused and was terminated. Back to work on suspension about a week later. No back pay. Same thing happened to a guy in NH and he won with a OSHA complaint. I had one going and decided to cancel. Now I have decided to reopen to right some wrongs. Any advice from you senior drivers?
The posters @ TB can give out all kinds of advice, including me. But, the best thing you can do for your case, is call Paul Taylor. He will tell you straight up, you have a case, or not. His advice is solid gold. He practices under the STA Act which allows him to work in all states, before administrative law judges under the Department of Labor. Good Luck. von.
 
The posters @ TB can give out all kinds of advice, including me. But, the best thing you can do for your case, is call Paul Taylor. He will tell you straight up, you have a case, or not. His advice is solid gold. He practices under the STA Act which allows him to work in all states, before administrative law judges under the Department of Labor. Good Luck. von.
 
For the record, I do Want to keep this job. I was only out of work for 5 days. After I came back the company kept saying how much money I cost them from not running. I actually dropped the osha claim about a month ago and then decided to reopen it after reading the Boston story. I am not getting a lawyer. Not looking for any freebies. Just want my name cleared and prove a point to our ignorant supervisors. In a way I would like to have this figured out for future drivers in this situation.
 
For the record, I do Want to keep this job. I was only out of work for 5 days. After I came back the company kept saying how much money I cost them from not running. I actually dropped the osha claim about a month ago and then decided to reopen it after reading the Boston story. I am not getting a lawyer. Not looking for any freebies. Just want my name cleared and prove a point to our ignorant supervisors. In a way I would like to have this figured out for future drivers in this situation.
If Paul takes your case, his money comes from the loosing side, the company, if you prevail. Only up front cost he might ask for is lodging, if necessary a meal, filing fees, etc. Even if you don't use his services, reading some of his cases on his web site will help you understand 392.3 & many other reg's, what it takes for a winning case. Like I said, & Paul, the law is on your side. But for that law to prevail for you, it is a must you bring evidence to the table, or your case won't leave the starting blocks. von.
 
Long story short I was terminated in August for refusing to drive without an ELD device. I ran the road the night prior on a trip card. Told management the next morning. He said he would have it fixed by that evening. Low and behold that evening wasn’t fixed I refused and was terminated. Back to work on suspension about a week later. No back pay. Same thing happened to a guy in NH and he won with a OSHA complaint. I had one going and decided to cancel. Now I have decided to reopen to right some wrongs. Any advice from you senior drivers?
Why don't you ask your ba to contact the local that the guy from new England was from..they might be able to get you some help and guidance
 
BOSTON, MA – A driver who refused to operate a delivery vehicle that did not have either a permanent electronic logging device (ELD) or a mounting device for a portable ELD was terminated for “gross insubordination”- and now, UPS Freight has been ordered to pay the driver $15,273 in compensatory damages, $30,000 in punitive damages, and approximately $2,700 in back wages plus interest.

Something I just read...

Found out from OSHA that after a ruling is that case, the company can appeal that decision up to 4 times and it can actually go up to Supreme Court. Obviously that’s a rare thing but in that situation the company did file an appeal. I’m sure they would rather pay an attorney than a hard working employee.
 
I know of someone in a similar situation. Company offered a "nominal" settlement while allowing them not to admit wrongdoing.. still active...
 
Found out from OSHA that after a ruling is that case, the company can appeal that decision up to 4 times and it can actually go up to Supreme Court. Obviously that’s a rare thing but in that situation the company did file an appeal. I’m sure they would rather pay an attorney than a hard working employee.
They should be ashamed of themselves if they did.
 
Found out from OSHA that after a ruling is that case, the company can appeal that decision up to 4 times and it can actually go up to Supreme Court. Obviously that’s a rare thing but in that situation the company did file an appeal. I’m sure they would rather pay an attorney than a hard working employee.

Could you provide a link to the case?


2) The other thing i wanted to add was that at my terminal we were/are ingnorant of the ELD rules until Crumudoen brought up his story with his supervisors concerning the fact that you can't dispatch if the truck doesn't have an eld (although, apparently according to his latest reports, they ARE dispatching w/o elds.......?)

And MAN......we RAN OUR TAILS OFF with paperlogs and had a blast----trust me. This was well after the Jan 1. deadline (or whenever it was, i just know we went WAY OVER the deadline). This was/is some of the hardest running i've ever done.

Until someone from R cracked down and said NO WAY.
 
I can address several of the last issues. You are NOT allowed to begin your trip without a properly mounted and operational ELD unit, and should it fail enroute it must be repaired or replaced at your DESTINATION. That is where the 8 days come in, while some otr drivers have cross country trips where it is 5-8 days to destination, our dispatches are generally less than a day. PHL-HRS, CLT-GAF, you name it, it is a destination, according to the law it must be repaired or replaced, no gray area. There are very few exceptions, the Companies failure to install and maintain ELD's is NOT a valid reason.
The dispatching of non-ELD vehicles comes down to US. If you or I hesitate to operate a non-compliant vehicle, fine you are well within your rights. As we all know there is always someone who, for whatever reason will say, "If that a$$hole won't do it I will, I don't care, I've got to go". Usually the same ones who never pre-trip, hook-up in 8 minutes out the gate, every terminal has one. How many times I have heard, "so and so doesn't have a problem with it", all I can say is do what you have to do, but verify and get a witness.
Do I like the ELD? Yes and no, in our type of work they simplify the process, not only by keeping track of hours, but saving time with arrivals, departures, and updates to hooks and routes. Do I miss skipping lunch from time to time, yes, when you hit your 8 on an exit ramp I miss the paper.

Search 49CFR, part 395, subpart b. Its all there
Stay safe
 
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