Company decided to blame us for a breakdown 5 weeks old a day after we quit

Discussion in 'Trucker Legal Advice' started by techslave, Dec 12, 2012.

  1. techslave

    techslave Bobtail Member

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    Nov 20, 2008
    Atlanta, ga
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    Facts: company team drivers, Broke down 5 weeks ago, truck stayed in shop for almost 3 weeks, Recieved break down pay and got paid back for hotel on the week tractor was released from the shop, never got questioned about the break down or reprimanded that the break down may have been our fault due to bad Pre-trip inspection until today 5 weeks, and 4 days after the breakdown.

    What changed? we put in our resignation... We told them on Friday as soon as we new we had another job lined up, we completed the load we were on like professionals, and returned to the yard with the load on time like professionals, and when asked to meet with them before we emptied the tractor we did.

    At this meeting they inform us that we owe them $1400 for a the breakdown and that it will be deducted from our pay that they currently owe us.

    We were never given any details or a copy of the write up that tells why it is our fault. We know it isn't our fault, and we firmly believe they are coming up with this because we are quiting it is dirty and nasty and confirms some of the suspisions we had about them that caused us to quit in the first place.

    Question is what can we do besides take them to small claims court for the pay that they owe us for work already performed, can we subpoena the qualcomm records from them for small claims? Our proof that the breakdown isn't our fault is in writing on the qualcomm. We live in the same county as the company is incorporated, in the state of Georgia, any advise and extra knowlede of georgia labor laws is welcome, there are many facts i have left out so that i do not divulge or defame the company in question.
     
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  3. driverdriver

    driverdriver Road Train Member

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    go to the labor board.companies fear labor boards. Ive had great success using them and they'er free. good luck
     
  4. pokerhound67

    pokerhound67 Heavy Load Member

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    wow, thats dirty pool. they seem to be depending on two things. one: they have all the proof, and two: you arent likely to pursue it (big hassle). morally, id say take em to court and give em heck. the fact that you dont have proof is a bit daunting in reality, but the fact is THEY would have to prove to a judge that YOU were at fault. they already owe you the money...they are claiming that you also owe them money for the breakdown. and if i were the judge, it would begin very badly for them, as they acted like it was not your fault when they paid for your hotel room during the breakdown, and was not until you quit that they claimed otherwise. bottom line is, (and this is the part they count on) is it WORTH the moral victory to you to take them to court and lose probably as much or more money in lost work time to get your moral victory? so sorry for your loss, and you are a better person than me. i wouldve told everyone here who they were, including not only the company name but specific names of people involved in the scam.
     
  5. paul_4lp

    paul_4lp Road Train Member

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    It's play a hunch that they are in North GA....near Dalton lol
     
  6. WRIGHTRACING

    WRIGHTRACING Heavy Load Member

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    Iuka MS/Muscle Shoals AL
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    USXpress has Driver Tech, not Qualcomm...unless there is another company there that has QC.

    If it is them, they say I still owe them money for bobtailing from Chicago to the Olive Branch terminal because they wouldn't get me home when I was supposed to be so I could fly to my new job the next day. Even turned me into a collections agency. I laughed in the guys face when he called and said "do you pay your company you work for for working?"
     
  7. bender

    bender Road Train Member

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    Don't Kid Yourself
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    Legally, they cannot withhold from your pay unless you signed a statement approving them to do so. They had the right to refuse to pay the hotel bill, but once they paid it, no right to take it out of your pay. If they wanted to play that game, they should have had you pay the hotel with the understanding you would be reimbursed. They also have no right to your pay for truck repairs, period. It's their business and their truck, not yours. If they have any problem with how you operate it the only avenue they have is termination, not withholding pay for work done.
     
    WideSkyND Thanks this.
  8. WideSkyND

    WideSkyND Light Load Member

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    Apr 16, 2012
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    Excellent breakdown, and touche!
     
  9. sleeve62

    sleeve62 Light Load Member

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    Apr 8, 2012
    Rittman, Ohio
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    I ditto that ; well done. I worked for A small company , only 3 semi-dumps and every single time there was any equipment problem the owner went after the driver. It didn't matter what it was , circumstances , how much you went the extra mile to get it remediated and complete the run , you had to listen to his whining. We had Mack tractors , 460 HP engines , all Mack components. Had an injector blow out of the block , I 77 , S , A couple of years ago. I was in A construction zone , smelled the diesel fuel spraying on hot surfaces as the engine got rough, and pulled into A rest area to get A look. It was -14 F , but there was A heated service center there , so not A bad place to be. Called the owner who was about an hour away. He showed up in 3 hours with the mechanic , both of them loading up on Micky D's lunch. None for me. The injectors had been A service bulletin issue from Mack. The bolts were too short and and had A tendency to stress crack. The fix was to remove one bolt and tap the hole to the bottom. Install A longer bolt with loc-tite and torque. Then do the 2nd.bolt. The day ran 14 hours as I rode back to the shop with the owner, waited for A wrecker to tow another tractor down to the rest area? I wanted to simply drive tractor #2 down , pull #1 out from under the load and take the load of scrap to the customer;end of story. Nope, had to ride with wrecker driver and tow # 2 down. The wrecker driver even rolled his eyes , but said he'd be happy to take the money. I stayed with everything and finished the run;all the while hearing noise about " what this is costing , seems funny truck made it all the way to rest area and what if I had damaged the engine driving it blah blah ". No I was not " charged" directly for anything , but was not compensated for the time spent completing my assigned task that day. No " atta' boys " either. Just racket from some cheap owner who most definitely could not have completed the task himself. No good deed goes unpunished. We are people who take our responsibilities seriously. We commit to A task and complete it. Whatever it takes. Look up " A message to Garcia ".
     
    Last edited: Dec 13, 2012
  10. techslave

    techslave Bobtail Member

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    Nov 20, 2008
    Atlanta, ga
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    I will tell who it is after we get the lawsuit completed so it will be a couple of months. We are going to sue them for this illegal action they've taken on us, and for our attorney fees. Small claims lawsuits can go up to 15k here in Georgia now and we are going to go for the limit. Our biggest challenge now is to find a good lawyer in Georgia who knows labor and the trucking industry.
    Thank you all for your input ironically I feel better knowing I'm not alone in dealing with these crooked trucking companies. It still really *^%sses me off. But you all know what I mean. If anyone has any suggestions for a good lawyer let us know. Thx!!
     
  11. passingthru69

    passingthru69 Road Train Member

    If you are a member of OODIA, Give them a call and they can help you find a lawyer.
    Just make sure you can prove your facts. Emails, letters etc.
    Good Luck
     
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