Ok, if this not the correct place for me to post this thread, please move to the appropriate area if you can.
I was working for this company that fired me this past Saturday because they shorted my paycheck and I caught it and they did not get back to me until Saturday morning telling me to turn in the keys and fuel card to the truck. Also asking for my logs, etc. This company is very small, only has 4 or 5 trucks, and I made it clear that I would not give them anything until they had given me my last paycheck at the same time I gave them what they needed.
Today is that day, payday and the man is not reachable apparently. He is not answering, or returning phone calls nor returning text messages. My question is can a lien be placed on his truck in order to get my last check? I have heard it can be done, but not sure exactly how.
I've got to get my money. One way or the other. I ought to show up where the truck is with D.O.T and make it out like I was fired for refusing to operate an unsafe vehicle. As the 5th wheel has enough space between it and the trailer that you can violently shake the trailer pushing on it, or walkin on it. Of course when loaded, the trailer leans badly and if you aren't careful you will roll over. You can feel the side of the truck come up around curves like it's going to roll over. And that is going 40-45 mph around curves you see everybody else doing at the speed limit which is sometimes 60-70mph.
Any input will be greatly appreciated. Texas is the state where I and the company are located in, I reside in Brazoria County and his company and residence is in Fort Bend County.
Lien on Company Truck?
If the truck is unsafe and you were operating it, you are guilty! The only liens that I am aware of that can be put on a vehicle is by mechanics that have done repair work and have monetary parts and time invested and have not been paid for. Never heard of any company drivers being able to do that just for pay for regular work. Playing any other kind of game to keep it from the company could get it reported as stolen by you!
Thank you though to the both you that did post an answer. He settled up with me and paid me what he owed. Whether or not he tried to cancel the check after I picked it up is irrelevant as I cashed it right away at his bank. So jokes on him. Thank you though for your input.
You didn't say you were fired for refusing to drive unsafe equipment, you said you fired because they shorted your pay. When they shorted your pay, how did you ask for it? Were you a knob about it or were you professional?
Holding the truck in lieu of pay is called "theft for conversion" I believe. If you have issues with you employer there are proper channels and steps to take. Holding somebody's $100K of equipment for a few thousand is wrong. I bet they were happy to be rid of you.
Well....glad you chimed in. Yes, I handled it as professionally as I could until I was told "you are blowing me up over some 'pennies'". He refused to answer his phone or text messages until Saturday morning, and then claimed he was in class apparently all night long. I had stopped calling and sending text messages about it that Friday night around 7:30p.m.
I wasn't fired for refusing to operate the truck, but D.O.T. would surely not really side with him on the matter, would they? I can be pretty convincing about how unsafe it was to operate the truck like that as I was with the owner of the truck. He just simply never made any repairs.
$100K of equipment? This only shows that you are putting your nose, and mouth where you do not know, or where they do not belong. I HARDLY believe that a 2004 Freightliner Century and a 1991 Fontaine flat are worth even more than a tiny fraction of "$100K". Again, safety issues. Even if I had $100,000 in the bank to have bought his equipment had he been selling he wouldn't have gotten $10,000 out of me for the truck and trailer both. And that would only be IF he fixed the problems it had. Well, I take that back because not ALL 2004 Freightliners are in bad shape like his was. But speaking of his truck, and his equipment alone....$100K? He might be happy to have you working there if you think it's worth that much. PM me and I will give you his number if you are looking for a job and fluent in "ebonics".
In any case, again, thank you for your response. Have a nice day.
You could read the original post, in detail, and make sure you understand before you hit the reply button though.Last edited: Aug 14, 2010