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    pick44's Avatar
    pick44 Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 23, 2012, 11:35 AM
    Cell phone policy
    I work for a huge global company with the policy of no cell phone use while driving a company vehicle, they also have a weight limit policy. I've lost the weight and was suspended for being on a cell phone while driving, which did NOT happen. It's been over a week and I have not heard from my employer, I feel that they can not prove that the vehicle was in motion at the time and they just want me to go away, who should I contact about this matter?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Mar 23, 2012, 11:45 AM
    Not sure where you live but in most states employees are considered "at will" employees and can be let go for no reason at all. How long are you suspended? If they just wanted you to go away they could have fired you rather than a suspension. Your weight or the vehicles weight, I am confuse by this policy.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 23, 2012, 11:52 AM
    Why do they think you were using the cell phone while driving? Do they have computerized tracking on your truck, many trucks the company knows where it is at, if it is moving, when and how fast. They could match up cell phone records with tracking records to see.
    pick44's Avatar
    pick44 Posts: 2, Reputation: 1
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    #4

    Mar 23, 2012, 12:08 PM
    The weight policy is on us, the employees, they do have a GPS on each vehicle, but have NOT proved the vehicle was in motion (which it wasn't) I'm aware of the " at will" policy. I haven't been fired yet pending an investigation, but not being able to earn money is putting a horrible strain on my family and home. Like I said, this is a huge global company and I am in Georgia.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #5

    Mar 23, 2012, 12:10 PM
    Were you parked and the vehicle off? If you were stopped at a light or something, I'd still say that you were driving.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #6

    Mar 23, 2012, 12:40 PM
    Nice to get a unhelpful here. Note in the question that the OP said the they haven't proven the car was in motion. I take the careful choice of words to mean that they were in fact driving the car, and the car happened to not be rolling at the time in question. Your company is well within its right to terminate you in that case. From the time you leave a parking spot until you are back in it, you are driving their car.

    Georgia is an at will state. If they want to get rid of you, they don't need a reason. If they are investigating, you are least have a chance of getting your job back.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #7

    Mar 23, 2012, 01:14 PM
    Don't mean to pile on - but even if the car was stopped if you were on the travel portion of the road while on the cell phone then in many states you ared considered to be driving while on the cell phone. So cell phone use while stopped at a red light is a violation.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #8

    Mar 23, 2012, 01:41 PM
    I, for one, would have to actually read the company policy to know how to advise you any further. Is there a chance you can cut/paste from their policy manaul?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Mar 23, 2012, 06:20 PM
    First, Kcommisiong was 100% accurate. As long as the vehicle was in the roadway it could be considered as moving.

    You don't say how they know you were on the phone. But you need to contact your HR department about the status of the investigation.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Mar 24, 2012, 04:22 AM
    Quote Originally Posted by kcomissiong View Post
    ...
    Georgia is an at will state. If they want to get rid of you, they don't need a reason. ...
    Unless the huge global company has an employee manual which says differently.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #11

    Mar 24, 2012, 09:13 AM
    AK is on the right track. Any huge global company would have an employee manual online and we'd see it by now. We can't help folks when we do not have all the facts available. Pick44 do you want us to continue or have your questions been answered?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Mar 24, 2012, 11:59 AM
    I've been an investigator too long - the employer can PROVE the car was moving. Not, "I was NOT on my cell phone." Instead, it's about what they can PROVE.

    I say find other employment because this job is over.

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