Marten Transport fired me without warning-kept wages-would not help pay to get me home-fired me locked me out of tractor and told to go home Mondovi, Wisconsin

I worked for Marten for 4.5 years, and, yes, their home time policy, well, it doesn't exist.  The one time I actually got home on time was only because my license was about to expire.  About a year before I left, they did away with the guaranteed home time, and soon everyone was in the same boat I was, regardless of who they brown-nosed.  My average time late for scheduled home time was 6 days, the minimum being 3 and maximum being 11.

The straw that broke the camel's back for me was when they threatened to deliberately delay my home time indefinitely if I did not run a load I was under illegally.  I had a disabled passenger with me (they knew of this), and any delay of more than a couple of days in my home time would have caused serious medical issues for her.

I did their dirty deed, got a load home, and quit as soon as I got home (two days late).

I do have a question for you regarding your health, one I think you should ask yourself...

If going without your medications for a few days results in you possibly becoming to dangerous (health-wise) to drive, should you be driving at all, except maybe locally?  What if you break down, weather hits and shuts you down, etc?  That was something I had to consider with my passenger, and she didn't drive, you do.  Just a thought, because I and those I love and care about share the road with you.

Otherwise, yeah, Marten has changed a lot, and not in a good way.  Forced per-diem, cuts in benefits, can't get drivers home even in an emergency, and leaving drivers stranded all over the country for petty reasons.  When I hired on, they were one of the best to work for.  My last two years with them I saw them sink to be one of the worst.

I'm not sure about the legality of keeping your final paycheck, aside from covering advances.  I had thought it was "accepted practice" because drivers have to sign a contract saying that if you don't work for them for at least six months, they can recover any costs for orientation from you.  However, with the fact they simply don't get drivers home until it's convenient to the company, that alone might constitute involuntary servitude (forcing you to continue working against your will).  From what some have told me lately, that "contract" may be invalid because the conditions you sign it other may constitute duress, in that if you don't sign it they allegedly now retract their offer of employment and leave you stranded in place, to fend for yourself.  With no warning such a contract is required prior to departing for orientation, it would seem this is the situation.

You might, I stress might, be able to also recover the value of the belongings you were forced to abandon.

Contact your state and federal labor boards.  I also recommend you talk with an attorney who specializes in helping truckers who have been harmed by trucking companies, and are very familiar with interstate trucking laws (it can get complicated).

Also, get a copy of your DAC/USIS report, and make sure no false claims were placed on it by Marten, and then get it annually for a few years.  Lately, Marten has developed a nasty reputation for doing this, and you may need to fight back if you still want to continue driving.

BTW, the 34 hour restart?  It is the driver's option, not the company's, to take the break to restart the 70 hour rule.  But, the company can say no to a 34 hour restart, and make you run any available hours that day.  They just can't force you to take the break.  Same with the split-sleeper rule, it's your option to use it, they can't force you to use it, but they can say you cannot (make you take only 10 hour breaks).  The principle behind this is to place more control over your safety in your hands, but still allow the companies to further restrict driving hours if they wish (to rules more strict than current HOS rules).

Good luck!

It appears that there are multiple issues here, and many of them occor ONLY because drivers allow them to do so.

As far as keeping your pay, that is illegal regardless of whatever contract you signed if they fired you. If you quit, you broke the contract and have to pay the price.

File a wage claim with the state DOL, and a labor complaint with the USDOL.

File complaints with the FMCSA for all illegal acts they engaged in, or coerced you to engage in. This is very important to do, as it builds a history on them and gets them investigated, and possibly fined or shut down.

It is illegal for any employer to ask, directly or indirectly for you to do anything illegal or unsafe. Just say no. You will usually get fired, but the law is on your side and you will prevail unless you give up and go away. That is what they count on. Don't let them win.

The whole purpose of the CDL was to make the driver the first line of responsibility and the first one to get the ticket, etc.

The best thing to do is to stay off the phone if possible. Use email, text messages, or your Qualcomm or Mobile Max if equipped. This creates a record that can be used in court or with the labor dept.

NEVER run illegally for anyone! Just say no. When you are out of hours, you are done! NO EXCEPTIONS. If the "force" or coerce you to operate illegally get a record of it and just call the highway patrol or DOT and file a complaint on the spot. Make a report. Now it's on them.

Be sure to file that unemployment claim too! Do that right away!!

You can also file a small claims case against them for leaving you stranded. I have seen this before many times and the USDOL and the courts are on your side. The rule of thumb is that if the company paid to get you there, they need to pay to get you home too.

File a separate complaint with the FMCSA for the fact that they booted you out of the truck and left you stranded. That is a safety and health issue and will impact the carriers safety rating. File the same report with OSHA.

Go public! Find an investigative news reporter that is willing to expose this company. get your story heard! Believe me, you are not alone.

DO NOT LET THEM GET AWAY WITH IT!!

Good luck!

 

ps...for the commentator talking about split sleeper...didn't they do away with that? The last set of rules I saw was a 14 hour continuous clock, then 10 hours off duty.