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Old 07.07.2008
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Legal?? Abandoned Load
I recently had a driver abandon a load. My company has charged me for all of the expense. How can I go after the driver for all of the costs involved? Any input would be helpful.. Thanks
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Old 07.07.2008
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Dont pay him, unless you dont have any of his money. I would pass the charges onto that sum beach.
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Old 07.07.2008
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I would go after him especially if there was no notice or anything. No need for you to take the loss and he makes a gain.
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Old 07.07.2008
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NOT a lawyer, but a law maker. I would think that a driver has a Fiduciary responsiblity to the load. This is obvious if the load where say small children or explosives. Unless there is a life and death reason for the abandonment you will prevail in court. Small claims will award you upto $5000 in most states. The problem is collection. You get the sheriff to attact is wages and such. Good luck.
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Old 07.07.2008
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I want to know which company this is?? why charge you when you werent the one who adandoned the load?? they should have taken it out of his check. thats just wrong. take that to the labor board.
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Old 07.07.2008
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Originally Posted by Peanut Butter View Post
I want to know which company this is?? why charge you when you werent the one who adandoned the load?? they should have taken it out of his check. thats just wrong. take that to the labor board.

My guess is that he owns the truck, and hired this guy to drive it for him. Then this guy he hired dropped the ball. The employee relationship is between the owner and the driver.
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Old 07.07.2008
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Quote:
Originally Posted by Peanut Butter View Post
I want to know which company this is?? why charge you when you werent the one who adandoned the load?? they should have taken it out of his check. thats just wrong. take that to the labor board.
Some fleets provide equipment with drivers, other fleets provide only the equipment while the drivers are employed by the carrier. Whose employee was he?
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Old 07.07.2008
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ok that makes sense, guess i read that wrong, sorry.. guess dont pay the now ex driver.
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Old 07.08.2008
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I don't think you could recover the expenses legally... The worker quit and that's that... Something you have to look at when hiring a driver and think if your going to be able to trust this guy..
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Old 07.08.2008
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it will depend on the working relationship (written contracts, determining factors for calculating wages ect.) and then the wage and hour laws for the state that the employ files his/her state taxes in
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