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I am an employee. I, as well as most other drivers (if not all), have falsified records. It is the "culture" of this company to drive illegally. After 18 months on this job, I have begun to send text messages contesting certain dispatches. [We recently changed methods for sending text messages, so I can't prove the messages from the older system. But, in the past, the company allowed no room for violating the dispatch.] Recently, I got them to relax the time stated for one delivery. Usually, they want it delivered as stated, per their written policy. They thereby imply their defiance of Hours of Service without speaking directly to it. This comes from the owner of the company and his two sons that manage it.
I understand. I am considering writing to the D.O.T. because they are the ones that will be doing the audit. This company is severe in its violations, and it needs to be shut down. This "culture" of cutting corners on regulations extends to maintenance of their trucks, which their own mechanics perform. The repairs are often intentionally avoided and covered up (as in disabling a warning light so it can't light up its warning, as opposed to fixing the core problem with the vehicle). This is a wildly run trucking company that is on a collision course with a calamitous consequence.
They have about forty drivers, an office staff of about five or six and about three or four mechanics.
Thank you for your follow-up, Jeffrey.The reason I asked is because 'duress' ultimately does not work--there is no overt threat that you listed of force or threat of force. Being terminated, if you are 'at will', is always a possibility even for without cause. But what is possible is to make a formal report to the D.O.T. and seek protections as a 'whistleblower', something that you would be granted if you can show that you are directly reporting illegal or fraudulent activity that is caused by your employer to the correct regulatory agencies. This protection grants you some rights from ensuring that the employer cannot simply terminate you outright since doing so will give you a basis to file suit for damages. It also places you in a position where your legitimate concerns are made public and you are essentially on record in contesting the actions of the employer. This is a far more practical approach to consider and while it can create serious stress and concerns, this will grant you the protection needed to go forward.Good luck.
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