fired because my daily log didnt match the employers gps
by David F.
On 01/04/2012, i turned in a daily log to my employer that i worked for for about 5 years. My assigned truck was outfitted with a GPS system in October 2011. On January 13, i was interrogated about the log that i had turned in almost a week and a half prior. they stated that i had some discrepancies and asked me about the 3 made on that day.
(a) I did not log a 17 minute stop from 1:14 to 1:31pm and (b)that I notated that i stopped for a hour but the GPS showed that I was stopped for 90 minutes and (c) that i stopped to do a 15 cargo check but GPS showed that I was there for 27 minutes.
I stated in the meeting that at the time I couldn't recall why and that all the stops were at rest areas and that from there it could be a mistake on my part,,penmanship.I mentioned that they could all be related to me taking a bio-break.
I was suspended and ultimately fired for falsification of log book and theft. Immediately after the meeting I went to my primary doctor to get a medical note describing my medical condition and the effects after surgery.
I was on UI benefits till the company appealed and the referee sided with the company. My issue is that the GPS and my logs books will never match directly.
In response to (a) i stated that DOT doesn't require me to log a stop if less than 15 minutes,and to my knowledge,it was,but again they are going by the GPs Response to (b)due to my med issue,I did take my unpaid lunch and 2 paid 15minute breaks but upon getting back to driving, i had to use the restroom,and didn't make the changes to logs and (c)during my travels back to base I felt the urgent need to stop for another bio-break and did so but also took time to do a cargo check on the contents of my load.
Upon ending my day and turning in my paperwork,I sat down and tried to complete my log to the best of my knowledge of the remaining 4 hours that I need to update.
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