Employee truck drivers have as much right to call in sick and declare themselves off-duty as any other employees. An employee who is constantly late should be fired, but under no circumstances should he receive a financial penalty or be discriminated against for refusing to obey an employer during off-duty hours.
A legal problem arises when an off-duty truck driver decides to drive home during his off duty hours. It may appear to a police officer that the driver is on-duty since he is driving and the employer may be fined for allowing an employee to drive too long without a break. If the employee violates company policy, he may be fired, but the officer cannot fine him without violating his Constitutional rights since all Americans have a right of liberty to go wherever they want whenever they want unless charged with a CAPITOL or INFAMOUS crime.
The recommended fine for companies that allow employees to violate hours of service regulations is $10,000 on the first offense and $100,000 on the second offense. High paid drivers such as at unionized companies rarely break hours of service laws. Most violators are sub-minimum wage truck drivers working on mileage pay. Large fines will discourage companies from hiring low-wage incompetent drivers and insure that all drivers are well paid.
AMENDMENT V: RIGHT TO LIFE LIBERTY AND PROPERTY
The individual is guaranteed certain rights when on trial and the right to life liberty and property: No person shall be held to answer for a capitol or otherwise infamous crime, unless on a presentment or indictment of a grand jury...