I have a question and I will explain the scenerio first. This is in regards to my rights and driver rights.
1. Driver picked up load out of CA to MA (perishable).
2. He refused to continue driving when AC broke down 1 Day from his delivery destination.
3. He was asked to drive at night when it was cooler to avoid arriving late & a hotel will be provided during the day to sleep/rest.
4. He was only to drive one (1) day/night. He was assured the truck will be fixed once he made his delivery.
5. As a result of late arrival the load was rejected and I had to salvage it a lower price.
6. since rejection was due to late arrival and no product damage due to reefer/trailer brake down my Ins company will not cover claim.
7. Driver abandoned truck once delivery was made and while at a shop while it was getting repaired.
8. Hotel was paid for him and cash was wired to him to cover cab fee from hotel to shop. He was to wait for repairs to be done.
9. Driver abandoned truck in Everett, MA and took the money that was wired to him.
10. I had to fly a driver out to MA to bring the truck back.
11. Since he abandoned the truck at this time I do not know what paperwork if any he left (receipts/repair bills, and BL)
12. Driver is demanding payment for the load he delivered late for which I am not getting any payment
13. Under California law can I deduct the money he took, the extra expense he caused me and fine him for his refusal which cause the load to be rejected and because he abandoned the truck? Any information will be greatly appreciated.
Our agreement was that he will get a % of what the load paid.
What to do when driver abandons truck
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Seems to me if the agreement was that he got a % of the revenue and the revenue was zero, the math should be pretty simple. He gets nothing. You could put it on his DAC, but I don't know how that works.
Sounds like you were doing what needed done and if he flaked on you for something so trivial, he was going to flake on you eventually, anyway.
Document the entire event, including any other issues you may have had. He who writes it down first wins.
Unfortunately, there is little that you can do legally when a driver abandons a truck. You may be able to charge back the cost of recovery to him. I would certainly not pay him for the last load. These are things which should be covered in any driver agreement when you hire a driver. I would like to have a way of reporting and greater accountability for drivers who abandon equipment. You may have criminal recourse, but I would check with your lawyer or local police concerning the specifics of the situation. I think it would be great if drivers could more easily be criminally charged for abandoning equipment.
In dealing with the state of California the employee has more rights than the employer.
You will probily have to sue the former employee for any monies that you wish to try and recover.
You would be ill advised to deduct any thing from his pay that you do not have specifcly in writing authorization to do so.
This is from my experience of being born and rasied in Cal, and having been to the labor board on both sides. I have been there as an employee and as an emploer.
You would be best advised to either just eat the costs and deduct them as a loss or seek actual legal advice.
Yes it would have but in Little Rock, AR there really weren't many repair shops for AC that were available over the weekend. He stopped driving on Saturday and no shop that dea lt with AC was open for service and no mobile repair was abl to do. Which is why he was asked to drive until he delivered and shop was open for repairs.
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