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<blockquote data-quote="soberups" data-source="post: 952598" data-attributes="member: 14668"><p>An even <em>simpler</em> solution is to adopt the mentality that managements "need" for information is <em>their</em> problem, not ours.</p><p></p><p>Read the contract. Dishonesty in terms of Telematics is defined as "any act of omission where the driver <u><em><strong>INTENDS</strong></em></u> to defraud the company."</p><p></p><p>In other words...<em>the burden of proof is on the company</em> to show either a grievance panel or, ultimately, an arbitrator, that the driver <u><em><strong>INTENDED</strong></em></u> to defraud the company rather than simply failing to follow a method or committing an innocent data-entry error.</p><p></p><p><em>Your</em> solution...which is to have us continually "code out" any sort of delays on an ongoing basis throughout the day, is <em>no solution at all</em>. The company could simply claim that the manner in which the driver coded out a particular span of time was dishonest, and we would be right back to square one.</p><p></p><p><em>True</em> protection for honest and innocent drivers does <em>not</em> involve us actively participating in the Telematics game by finding new ways to code out time. It involves contract language that places the burden of proof upon <em>the company </em>to show what our <u><em><strong>INTENT</strong></em></u> was, which can be a pretty difficult thing to do in the case of an honest data-entry error.</p><p></p><p>Do the job; give a fair days work for a fair days pay; follow all methods to the best of your ability; be 100% honest at all times whenever questioned about anything; and you will have nothing to fear from Telematics.</p></blockquote><p></p>
[QUOTE="soberups, post: 952598, member: 14668"] An even [I]simpler[/I] solution is to adopt the mentality that managements "need" for information is [I]their[/I] problem, not ours. Read the contract. Dishonesty in terms of Telematics is defined as "any act of omission where the driver [U][I][B]INTENDS[/B][/I][/U] to defraud the company." In other words...[I]the burden of proof is on the company[/I] to show either a grievance panel or, ultimately, an arbitrator, that the driver [U][I][B]INTENDED[/B][/I][/U] to defraud the company rather than simply failing to follow a method or committing an innocent data-entry error. [I]Your[/I] solution...which is to have us continually "code out" any sort of delays on an ongoing basis throughout the day, is [I]no solution at all[/I]. The company could simply claim that the manner in which the driver coded out a particular span of time was dishonest, and we would be right back to square one. [I]True[/I] protection for honest and innocent drivers does [I]not[/I] involve us actively participating in the Telematics game by finding new ways to code out time. It involves contract language that places the burden of proof upon [I]the company [/I]to show what our [U][I][B]INTENT[/B][/I][/U] was, which can be a pretty difficult thing to do in the case of an honest data-entry error. Do the job; give a fair days work for a fair days pay; follow all methods to the best of your ability; be 100% honest at all times whenever questioned about anything; and you will have nothing to fear from Telematics. [/QUOTE]
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