Question:
Violation Regulation mean?
Are they asking for the stats number?
Or just the discription of what happenend?

Answer:
sounds like you are going to make a complaint. If so, it will take some work on your part. go to the following site and start doing some research. note the regulation numbers and use them on your complaint form
http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/395menu.htm

Answer:
I did check it out yesterday. But that was yesterday and today the gov site won't open up.
Figures
In anycase, I was hoping that someone would have the stat numbers for what I needed.
1. Company requiring driver to drive when he was sick
2. Company requiring driver to drive when he was out of hours.
3. Company terminating driver for not driving until he had hours.
Please

Answer:
§392.3 Ill or fatigued operator.
§395.3 Maximum driving time.
(a)(1) More than 10 hours following 8 consecutive hours off duty; or
(a)(2) For any period after having been on duty 15 hours following 8 consecutive hours off duty.
(b) No motor carrier shall permit or require a driver of a commercial motor vehicle to drive, nor shall any driver drive, regardless of the number of motor carriers using the driver's services, for any period after —
(b)(1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(b)(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
John Q.
Disclaimer: The views posted are those of the author. The accuracy of the rules posted are subject to the status of rules and regulations posted by the GPO and other Government Agencies. The author accepts no responsibility for inaccuracies of any posted regulation or interpretation. Readers should seek legal counsel for all legal issues.
_________________
John Q.
"If men were angels...No government would be necessary."
51st Federalist Papers
"Nichols' Fourth Law says, "Avoid any action with an unacceptable outcome"

Answer:
Thank You - Thank you JQP!!
Does the fatiged stat also work for being sick?
BTW Taking yours and others advise. Going to State and anyone else who'll listen.

Answer:
It will be VERY interesting to see where this goes and HOW long the process takes. Any one taking bets on this one? I'm betting that 6 months from now there will(unfortunately)be no resolution to this issue! Any takers??

Answer:
And why would you say that?
The various issues here are:
1. Company having driver drive while sick, out of hours and terminating for not violating HOS.
2. Deducting money from check to pay for garnishment (we don't know).
Wisc. Stat. Sec.103.455 Deductions for Faulty Workmanship, loss, theft or Damage - No Employer shall make any deduction from the wages due or earned by an employee. Unless employee authorized AFTER damage and BEFORE next pay period. Wisconsin doesn't regonise "blanket forms" meaning presigned agreements.
If deduction has been made by employer, employeer shall pay twice the amount of what was taken out.
3. Failure to Pay Employee Final Pay.
Wisc Stat Sec 109.3.2 Any employee who quits or is discharged from employment shall be paid in full no later than the date on which the employee regularly would have been paid.
109.11 Punishment If department finds a wage claim valid the department will order an audit on the company for further wage claims. Companyu shall pay employee wages due plus up to 50%.
4. Failure to pay Court Ordered Child Support
Employeer Liability- Must have CS payment within 1 week of income with holding. Employeers who do not comply may be liablel for contempt of court and financial penalty of $500.
s.767.265(4) Wisc Stats - Priority - No other payments shall be taken out of employees wage Before Child Support.
This is as far as I got

Answer:
Yes, these are all valid complaints if you can really back them up with documentation. Be aware, his logs will be gone over with a fine toothed comb -- they better be perfect, and still match the company's copies. They may have also taped some of the later phone calls. I would ASSUME they did, just in case. How does your husband feel about that?
The PROBLEM is that, relatively speaking, this particular complait will be way down on everybody's priority list. It's just another example of what most truckers go through everyday -- hundreds of thousands. It's not unique or unusual, and is compromised by how it hinges on your husband's interpretation of what the company told him -- the proverbial "other side of the story". At this point, the company's already closed the books on him, confident that their documentation can refute any possible allegation you come up with. They've been down this road many times before, and are probably documenting in accordance with some professional legal advice they're received in the past.
Investigators have limited resources. I wish you the best of success (sincerly, if you're willing to go through with it) but I suspect you'll find endless delays and resistence, as they scramble to work cases they consider more credible and important.
For what it's worth, you'll expend a lot more negative, stressful energy in this than you'll ever get back in emotional or financial satisfaction. Good attorneys try to talk their clients out of revenge-type lawsuits, as they have first-hand knowledge of how it wears folks down and turns them inward and negative. Sometimes letting and getting on with your life is the hardest thing to do. Or, as a famous country song once said, "You gotta know when to fold them."
[This message was edited by Shuffler on March 17, 2003 at 16:46.]
[This message was edited by Shuffler on March 17, 2003 at 16:48.]