Environmental Earthwise Inc
Fired for following HOS rules!

Environmental Earthwise (EEW) more or less fired me because I wanted to follow hours of service (HOS) rules. I clocked in 7:00 am 1/5/10 and clocked out 12:00 pm for the day. This is a 24 hour service company, which means that all employees are on call 24x7.

At 5:00pm 1/5/10 I received a call back to work. I thought this call back was going to be similar to the last couple times and only drive for a rolloff truck for a couple hours and go home. I was headed to the job site in my rolloff truck when my boss called and said this is an over nighter. Bare in mind, that I did not get any rest nor prepared to work over night.

The customer that we were servicing said, work until your tired then go home. We were hauling empty rolloff boxes from Deer Park, TX to Texas City, TX. I was already over my HOS limit and did exactly that, went home 12:00am 1/6/10. Started sleeping at 1am. Boss called 7am sharp wondering how many rolloff boxes I hauled. I told him 2 and that's when he was irate with me.

I reminded him about the HOS rules and told him he was not going to dictate to me how long I was going to drive in an over night situation like that. This phone call went on and on and finally he DEMANDED that I report in for work to finish the job. I was still on my 10hr break. But he demanded anyway.

I reported in 11am for work. Hauled empty rolloff boxes again from Deer Park to Texas City till approx 7pm. My boss called me all day long as to when I'll be finished for the day. When I arrived at the office, he was there. I fueled the the truck and completed paperwork.

After my paperwork, he wanted to talk to me. (I already knew what this was). He reprimanded me for insubordination (the phone call) and not satisfying the customer, which resulted in loosing my job. My boss documented in my separation papers that I did not have any drive time in my 11hours for 1/5/10, therefore I was fully able to satisfy the customer.

My boss failed to realize is how the HOS rules work. FMCSA says a driver must take a 10hr break before being eligible for another 11hr drive time. I only had a 5hr break before being DEMANDED to drive 11 hours that night!!! I didn't drive for the 5 hours that day (7am-12pm). But that time does count against the 12hr rule for 100-air mile radius drivers.

One of our other drivers worked the exact same hours as me that morning (7am-12pm) was called back in (like me). He ended up driving a 16hr shift without taking the required 10hr break. That is what I wanted to avoid. I hear stories all the time of truck drivers getting crucified for causing a fatal wreck due to fatigue.By the time I made it home at 1am that morning, I had been up 19hours. Isn't 19 hours long enough??? What does this company want from me???

Never the less, I have moved on. My wife and myself are fully relieved. Thanks boss, for firing me!!!

Company: Environmental Earthwise Inc
Country: USA
State: Texas
City: Mont Belvieu
Address: 11016 Hwy 146
Phone: 2813855654
Site: eewworld.net

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