Recently, a wrongful termination case was brought forward involving a California truck driver who had been dismissed for allegedly falsifying his electronic logs. The company claimed that the driver manipulated his electronic logging device (ELD) and took a nap while the device remained in "driving" status—a virtually impossible action. Despite this, the company terminated the driver, who had worked there for 18 years.
Electronic Logging Device Inaccuracies
The main issue is that the company had switched from a reliable, top-tier ELD provider to one with questionable reliability and support. This new system frequently recorded drivers' mileage inaccurately, showing discrepancies ranging from five to twenty miles, and sometimes even generating implausible data. Examples include recording a driver as having driven 3,251 miles in just four hours or starting the day with negative mileage—both impossible scenarios. The terminated driver regularly raised concerns about the system's inaccuracies, as it is a driver's responsibility to certify the accuracy of their logs, and he was aware they were incorrect. The company, equally responsible for ensuring the accuracy of these logs, assured him the issues would be "fixed," advising him not to worry. However, the driver's complaints went unaddressed, leading to an impasse and ultimately, his termination for a "glitch" he had no ability to manipulate, after 18 years of dedicated service. It is reasonable to infer that management may have been attempting to avoid accountability for the inferior system, and rather than address the problem, they chose to fire the most vocal critic.
Transportation Safety Expert Witness James Lewis
With 37 years of experience in the transportation industry, including work with electronic logs dating back to the early 2000s, our Transportation Safety Expert Witness, James Lewis, has significant expertise. Having used electronic logs daily since 2009 and taught these systems to 35-40 people per week as a terminal manager in 2014, he has also performed extensive troubleshooting. The experience extends to 2022, with continued use of ELD systems as a local relief driver in Northeast Texas.
During the trial, James was called upon to examine driver logs from both the driver's screen in the truck and the company's full printouts, analyzing at least 180 days of logs for eight different drivers. This analysis uncovered over 3,000 inaccuracies, including a recurring issue where drivers physically located in California, 200 miles from the nearest state line, were shown as "entering California". This flawed system was used to justify the driver's termination over a one-hour discrepancy.
Disqualified Opposing Expert
The defense expert struggled during the trial. James had been retained on opposite sides of this expert in three prior cases, and he had seen significant mistakes made in those prior engagements. Notably, the defense expert had not operated a tractor-trailer since 1979, an era vastly different from today. The Federal Motor Carrier Safety Administration (FMCSA) did not even exist at that time, and electronic logs were not in use. The trucking industry was regulated by the Interstate Commerce Commission (ICC), which was dissolved in 1996. The decision by defense counsel to hire an expert who had not operated in the industry for 45 years—essentially making him unqualified—proved detrimental. The expert was swiftly disqualified during testimony, and the jury disregarded his comments.
This case highlights the importance of using reliable, accurate ELD systems as well as the responsibility of carriers in properly vetting the feedback of drivers who use these devices daily. The company’s nonchalance regarding the system’s faultiness led to significant discrepancies which resulted in the wrongful termination of a veteran driver. Moreover, the case demonstrated the crucial role of a qualified expert witness and the importance of relevant and up-to-date expertise, suggesting that expert witnesses, like any professional, may have a "shelf life" that impacts their effectiveness in court.
