Truck owners lease terminated because of driver the company agreed to hire

Discussion in 'Trucker Legal Advice' started by Veterans Transport, Jan 7, 2012.

  1. Veterans Transport

    Veterans Transport Bobtail Member

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    Dec 16, 2011
    Three Rivers, Texas
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    I had a lease with Transwood Logistics in Alice Texas hauling frac sand to oil rig locations. I had decided to purchase another truck and hire a driver for the one presently on the lease. I had a driver turn in an application to Transwood and they agreed to hire the driver. His first week out the dispatcher sent him out to a Shell job site he was not certified for. The dispatcher never told the driver he was supposed to be certified to be on the job site. This occurs many times. I never was certified to be on the Shell job sites during my employment with Transwood and I was sent there many times. It had been raining off and on for almost two weeks and the job sites were extremely muddy. On this Shell site the driver was pulling forward and when he stepped on the brakes the truck slid and hit a pipe saddle bending the front bumper of my truck. No damage was done to the pipe saddle. The Shell Safety Officer who investigated the incident found the following red text, and told the driver he was not at fault for the truck sliding in the mud causing the incident:
    Location; Piloncillo A6H
    OSR: Joe Grimes
    Date: 12-15-11
    MVA- SAND TRUCK BUMPED A FLOWLINE BRACE.
    In the process of spotting a sand truck on location, the driver was maneuvering the truck in tight quarters. As the driver pulled forward and stepped on the brakes, the truck slid on the mud and bumped a flow line brace with the right side front bumper .Minor damage to the front bumper of the truck and no damage to the flow line brace.
    The job was stopped and HSE Tech was called out to location and investigation was initiated.
    Investigation Notes:
    No safety meeting (JSA) was held.
    Driver was not aware of any of our standards or best practices.
    Driver was an SSE, 1 week on the job.
    No Shell Orientation
    Only one spotter. Mix information on the location of the spotter during the MVA. Driver said the spotter was on the driver side of the truck and the spotter said he was at the back of the truck.
    Spotter was responsible for the JSA meeting and didn’t conduct it.
    Hazards of the location were not identified to the drivers.
    Transwood has terminated my lease because of this incident. What chances do I have for a Law Suit for this? I feel that they could possible have cause to fire the driver, but to terminate my lease is out of line.
    I have also requested the following but they are ignoring my requests. I have requested a written letter of termination that they are refusing to provide. I am requesting all invoices for the loads my truck has pulled to check the amounts on the invoices against what they have on my settlements. They are refusing this also. I understand there is a statute I can quote to Transwood in order to make them understand these are my legal rights to have. I have called Corporate in Nebraska and they just refer me back to the Alice Texas Terminal.
     
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  3. shredfit1

    shredfit1 Road Train Member

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    Nov 24, 2008
    MN
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    I would contact an attorney ASAP.

    With this said, this is a very complex situation your describing.

    Here is what I do know:

    Many leases have a clause allowing them to terminate the lease at any time. Many oil sites require bonding for trucks to enter the site (typically at $5 million).

    It is quite possible that the bonding company will no longer bond them if your company is still leased on. In other words, they are basically telling your leased company... if these trucks are coming in to do work... no bonds will be issued. So one might have to go after the bonding company as well(hard to do as they are third party).

    At any rate, good luck.
     
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  4. 123456

    123456 Road Train Member

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    A good employment law attorney is needed.

    Oh wait, ours was ran off again, durnnit.

    try.........

    truckersjustice dot com
     
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  5. shredfit1

    shredfit1 Road Train Member

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    Nov 24, 2008
    MN
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    Wrong advice, Corporate attorney is needed in this case.... and will cost a lot more.

    Trucker justice is for fighting tickets written by the State Gestapo.... :biggrin_25524:
     
  6. Veterans Transport

    Veterans Transport Bobtail Member

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    Dec 16, 2011
    Three Rivers, Texas
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    What about their refusing to give written termination notice, and copies of all invoices my truck has pulled as requested. I have checked some of the paperwork on detention time logged and my figures show they have shorted me quite a bit of money. I used their format for figuring detention time and it is wrong on quite a few loads pulled. I have read on this web site that if I request copies of all invoices they are required by law to provide them. Does anyone know what statute of what agency that I can quote to them to get these documents. If I just tell them they are required to provide them they will do as they did when I told them my detention was paid wrong, telling me that I am incorrect.
    I am fed up with companies who think they can do as they please with someones livelyhood. I have worked steadly since I was 15 and I have never been terminated from a job. I have a friend who is now helping me get started on my own authority. He has been operating under his own authority for the past ten years and is willing to help me get started.
     
  7. fortycalglock

    fortycalglock Road Train Member

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    Jun 25, 2011
    Tourist Town, FL
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    As stated above you need a corporate law attorney. If your contract states that either party can cancel it at any time as most do, your SOL in that regard. If they did not pay as they were contractually obligated to, then involving an attorney with all of your paperwork and some retainer cash should net you a positive cash flow. I'd check with OOIDA as they can rattle off any law or reg related to trucking off the top of their head and tell you if you have a case. You are a member right?
     
  8. CondoCruiser

    CondoCruiser The Legend

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    Tennessee
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    I'd say your answer lies in the small print of your lease agreement. The employee was a representative of your company and failed you giving them just cause.

    That report is for your eyes only. I would edit it and take the OSR name off of it. ;)
     
  9. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

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    Jul 23, 2007
    Midwest
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    Call OOIDA. Especially if you are a member, they should be able to point you in the right direction.
     
  10. truckersjustice

    truckersjustice Light Load Member

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    Sep 1, 2011
    Burnsville, MN
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    It all depends on what the terms of the written lease state with respect to termination. More information is needed. Please feel free to give me a call (no charge) at 651-454-5800.

    It is a good idea to hold them to the lease as to providing you with copies of the rated freight bills (I assume that you are paid on percentage). I suspect that your lease may be terminated for just about any reason, even a poor reason. However, there may be a claim here if you have not been receiving the agreed to compensation, or if deductions have been made from the your compensation which were not authorized by the lease, or not documented.

    Paul Taylor
    Truckers Justice Center

    NOTHING IN THIS POST SHOULD BE CONSTRUED AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP.
     
  11. Veterans Transport

    Veterans Transport Bobtail Member

    40
    6
    Dec 16, 2011
    Three Rivers, Texas
    0
    Thank you for looking at my post. I was just on the phone with Corporate Office. They just told me to talk to the Regional Manager. He is the one I have been sending e-mails to and getting no where with. I tried to call him just before getting back on the forum, got voice mail and left number to return call.
    I have requested for the terminal to mail my last two settlements sheets to me so I can get my driver paid, they wont even do this. I requested this two weeks ago and as of this morning they were not in the mail.
    I did request copies of all invoices for loads pulled by my truck by e-mail. They wont respond.
    If this regional manager calls me I will request this information over the phone, and back it up by an e-mail again requesting it in writing as per our phone conversation. I still dont understand why they will not give me the required written termination letter.
    I will call if I dont hear from them.
     
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