Truck Driver Awarded $276K For Wrongful Termination After Refusing To Violate HOS Rules
by Jana Ritter - Published: 6/09/2016Over the last few years, news stories have revealed the “hidden” reality of many companies pushing truck drivers to violate Federal hours of service regulations in order to complete delivery jobs in less time. While everyone has their own preferences about the hours they drive, one truck driver who absolutely refused to violate HOS regulations was fired from his job. Now the company has been ordered to him $276,000, thanks to an investigation by the US Department of Labor’s Occupational Safety and Health Administration (OSHA).
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The incident occurred in August of 2012, when NFI Interactive Logistics assigned the driver to deliver a truckload of Poland Spring bottled water from Northborough, Mass. to Jersey City. That particular day the area had been hit with a severe thunderstorm, which caused flooded roads, heavy traffic and several accidents adding to the long delay. As a result, the driver’s trip ended up taking much longer than normal and he realized he wouldn’t have enough time to complete the delivery and return home without violating his hours of service.
Resolving the problem on his own, the truck driver delivered the load to a closer customer facility located in nearby Kearny, N.J. The company didn’t agree with his decision and shortly after he delivered the load to Kearny, NFI arranged for a different company driver to continue driving the load to Jersey City. Both the company and the customer approved the new arrangement, the load was delivered and the original driver safely returned to Northborough without violating the hours of service restrictions. Nevertheless, NFI fired him the next day for “insubordination.” The driver responded by filing a whistleblower complaint with OSHA. OSHA investigated the matter and found that NFI violated the anti-retaliation provisions of the Surface Transportation Assistance Act. Now they are ordering NFI to reinstate the driver to his former position and also pay him more than $276,000 in back wages and damages.
“This driver found a way to do his job and ensure motor carrier safety. Rather than receiving credit for doing the right thing, he received a pink slip,” said Kim Stille of OSHA. “The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation. NFI must reverse its actions and compensate this driver for the financial and other losses he has suffered as a result of his illegal termination.”
Both the truck driver and NFI each have 30 days to file objections and request a hearing before the Labor Department’s Office of Administrative Law Judges.
Good for him, about time the drivers start standing up to these shippers and companies. Run legal and keep DOT broke!! If everyone ran by the book then our pay be better
Wrong, our pay won't get better,
Yes it would.....rates will go up.....unless you are foolish enough to work for mileage pay.
Stephen Carr , where thay gonna get the drivers. If everyone just says , no, I'm not working for penny's. I work for a private carrier and make .55 a mile plus $50.00 a stopoff. Short hall $75.00. So what's the problem with running legal
Explain to me how you move livestock 900 miles overnight by the book
Mark mast . Team
Need to stand up to the government about this med card bullshit
Sounds like his company deals with only expedited loads. No window for late appointments. That broker must had that company on a short leash.
I've NEVER had a company they to get me to violate HOS or do anything else illegal or unsafe. I'm glad for this driver, but why go back?
I worked for a company here in Portland and never missed a day and was on call on the weekends. 1/6/16 to 3/24/16. Never missed a day and had to meet with a lawyer for a settlement hearing and it took all day. I had been up all night, then all day. No sleep and called in that night and was let go.......
Yes for the past 16 years. The dispatchers are actually instructed by upper management to pressure drivers as hard as they can to "make time" to do a load.
How is he going back to a job where they're looking for a payback? Even if jobs weren't a dime a dozen, I'd hand out shopping carts at Walmart before going back there...
Did he call Disp? Did he notify them, I've had runs that went bad and got a motel if I had a daycab , oh I've been coerced, but it all depended on the guy asking
Well u never have to worry about this I do to much sitting...after 17 years of driving I have sit more past 3 months with this company then all the others years combined
I'm close to being term'd for that reason(refusing to be coerced), but they've made OTHER accusations of me to get it done. Good for this driver.
Everyday...I own the truck lol
Good for the little guy doing the right thing!! Some heads should roll in the corporate headquarters where he works.
Never go back I quit a job once the owner called and said it would be different , yeah that lasted 2 days ,lol
More than once. You are put on the black list and given crappy runs until you give in.
Many times but I'm in canada so they can't be touched
Go back and be a dick until they fire you again.
The head of line haul would ask you a favor now and then , but he would always pay you back when you needed a favor, I have a Cple of stories but, I'd have driven 24 hrs straight thru for him,if he needed me to,
So you put other people at risk of you falling asleep. Wow
Shirley High darling I drove 35 yrs usually overnite iI never drove off the road or into a ditch , I knew my limits
I worked 32 hrs straight with 8 hrs off during a massive snowstorm in chgo, ok , maybe you come home tired after your 9/5 that's you
You old school driver get the jib done now days the wifes are telling him how to work lol I know I'm going to get some haters lol
This is how we used to truck. Shirley High we knew when to stop. I've been out here 29 years myself.
Back in the bad old days (1990-1994), I ran nothing but hot loads for a west coast carrier. Seattle to L.A. in 20 hours, get 8 hours sleep, turn back north for a 20 hour run. Running multiple log books. I really DON'T miss those runs. I do miss the friendly drivers who actually waved and would talk on the c.b.!
I know someone that his company does it every day.
That's trucking
Illegal?? It's only illegal if you get caught.
The company I drove for utilized electronic logs and there were things that could be changed to keep me legal, but every so often I had to sit for 34 hours to reset my 70, which meant an occasional load swap..but most of the time I was able to keep my loads with an adjustment of my appointment time
Hasn't everybody?
Absolutely Agree
Nope.......never have. It gets there when when the truck turns into the driveway
Now you guys know what to do
All the time!!!
Tough call!
Yep they sure have especially the big companies
Do as I say not as I do!
I guess no one ever hauled cattle
They find something to let him go
Would never happen i do it legal or dont do it at all
Yes
Jose Santiago Cabe check this out brother.
Thanks !
Joseph Richard