CDL Class A: Boss question (legal rights?)?

Question

My question is this: my boss asks me to go faster than the speed limit. For Instance, I live in Michigan and we get a lot of snow in the winter and I had 3 stops, all in Ohio during a snow storm where Ohio got 7 inches of snow but hardly any fell where my work is in the north of Michigan. I get back and my boss asks me "what took so long". I tell him there was "a lot of snow in Ohio and the conditions were very bad" and he says "so, that means there weren't any cops on the road so you should go faster". He is always saying "what took so long?" I always reply "the speed limit for me in my truck is 60 MPH" he shakes his head and walks away. In the employee handbook where I work it says that I have to obey my boss or I could be fired. What are my rights here? I'm not going faster than the speed limit so I imagine I will get fired soon...and this is just one example, there are others..

Answer 1

the law is above your boss.  losing your license or (worse yet) getting into an accident is not worth it.  as long as you have your license, you can get another job.  might be time to start looking elsewhere.

Answer 2

Here are a couple of federal regs to start with: Schedule to conform to speed limits

http://www.fmcsa.dot.gov/rules-regulatio...

Driving of Motor Vehicles

http://www.fmcsa.dot.gov/rules-regulatio...

You are the person ultimately responsible if there is a crash.  I would maybe go talk to your friendly neighborhood DOT inspector!

Answer 3

Every trucking company except little owner/ operator companies has a safety director. That is who you should be talking to.

The FMCSA says that the driver does not have to operate a commercial motor vehicle in unsafe conditions. And that it is the drivers responsibility to operate safely. It is at the driver's discretion, what is safe and what is not, in regards to road conditions. Your boss can not fire you for not breaking the law or for not operating in conditions that you deem unsafe. He will have to officially fire you for another reason. Or the FMCSA will shut the company down. You can bet the farm that he knows that.

What I would do is buy a micro cassette recorder with a phone recording device. Truck stops used to sell them, I don't know if they still do. They were called dispatcher buster. Record phone conversations where he says this stuff to you and then if he fires you, you have evidence to go to the DOT or FMCSA with.

It doesn't matter what company you work for, you will hear the same type of stuff unless it's one of the big boys like JB Hunt.

The best thing for you to do is just keep on driving legally and do the best you can. Dispatchers have a #1 job of moving freight and a #2 job of being a pain in your a$$. You will find that anywhere you go.

Answer 4

the law always prevails and if it came down to losing your job over something like this you would have him in court and win.  He has no leg to stand on and he cannot force you to break the law.  I drive as well hauling hazmat waste and they always want over hour driving and I dont do it and they cannot make me so stand up and stick with your beliefs!!!

Answer 5

Do what I do driver,ask him if hes going to pay the ticket. I know when ive got my 80000 pounds rolling Im the captin and it will get there when it gets there.

Answer 6

You follow the rules of the road as outlined for your state and if you are fired remember this............

Your employee rights are also protected by sound morality and public policy. What constitutes an employer's violation of sound morality or public policy is typically up the interpretation of a court or arbitrator. For example, if your employer fires you because you wouldn't break the law, a court might decide that you have a legit case for wrongful termination in violation of public policy (or other legalese).

Answer 7

He sounds like he doesn't follow MV laws and isn't concerned for anyone's safety on the road. Especially yours,

Would you honestly ever consider working for a s*****k like that ?

Find another place to work if you think you can't reason with him about this problem.

Bad management = bad employees.

Answer 8

Your DOT manual says you are pilot in command and have the absolute final decision on how fast to drive that vehicle.that super-cedes any company policy directive,be prepared to be fired though for someother cause,but document on paper any conversations on phone,person,or truck communications if so equipped.There is a place on the FMCSA website where you can report the pressure being placed upon you.Word of advice when the accident happens the company will hang you out to dry by saying "we told him/her to drive safely" Get another job else where before you go under the bus.