Paycheck deduction

Discussion in 'Trucker Legal Advice' started by sparkyswife, Jun 29, 2010.

  1. sparkyswife

    sparkyswife Bobtail Member

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    D.T. trucking has their driver's in Texas sign a waver that says something like. If the driver breaks something. I'm assuming fenders, mirrors, and such do they legally have to pay for it. Like they take it out of their paycheck. Is that legal?
     
    Last edited: Jun 29, 2010
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  3. kickin chicken

    kickin chicken Road Train Member

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    Hello, Sparkyswife and Welcome to the Site:)

    Yes.It is a standard waiver, that most all trucking companies have their employees sign. Totally legal.

    Personally,if someone used my car and broke something on it, I would want them to pay for the damages incurred while they were using the vehicle.JMHO:)
     
  4. 112racing

    112racing Road Train Member

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    part of being an employer is assuming risk .......if you sign the document it's legal for them to deduct ......i personally would never sign it
     
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  5. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    Now I'm curious as to this question. What is the driver actually held liable for when signing this waiver ? :biggrin_2558:
     
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  6. 112racing

    112racing Road Train Member

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    thats the problem ........ if the truck is parked and somebody tears a mirror off or worse crashes or a $4000 hood and your going to deduct that from my pay? i don't think so...... why as an employee should i pay for it ?..............this is not the same as a friend borrowing a car.......only in the trucking industry
     
  7. kickin chicken

    kickin chicken Road Train Member

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    Good question. I will try to answer as to the best of my ability...

    Any Preventable Accident or any thing that is not listed on a pre trip inspection (PTI)
    To prevent from being charged for damage to the tractor, trailer, inside of the cab,....Do a pre trip inspection that covers your butt. Air/heat vents, the radio, cracked vinyl, torn seats, faulty torn curtains, on board communications system. I have seen charges for these nit picky things. But, I have also seen trucks that have had the interior destroyed/damaged by a driver team. If it is not reported on your PTI, then you could be charged for it.
     
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  8. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    Ok, Are we talking about when you first receive the truck and do a inspection for acceptance of the equipment ? Or Is this a waiver that flatly says the driver is held liable for everything ?
     
  9. Powder Joints

    Powder Joints Subjective Prognosticator

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    Actually it is not legal for a company to get you to agree to pay for something that has not happened yet. Ask my attorney, his reply give there name and phone number if they try.

    When I worked for IWX they used to ask driver to pay for damage to the truck and or trailers. I did not sign the wavier nor would I but they pushed it real hard.

    I was always very careful to examine anything I touched tractor or trailers for damage and report any damage I could find even if I thought it was old.

    I did see drivers that got tagged for several thousand at times. It does not matter if its there fault or not the employee' is not responsible for anything except for provable negligence. At which point they would not need a signature in advance.

    If they ask for it they will probably use, don't sign anything you have questions about. Everyone thinks attorneys are too expensive, but I think not consulting is what is to expensive. They can save you thousands in the long run.

    The last thing any of these company's want ot do is get tangled up in court. Once they have your attorney's name and phone number they tend to leave you alone.
     
  10. kickin chicken

    kickin chicken Road Train Member

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    Yes. When a driver accepts the vehicle, they need to be very descriptive in their pre trip inspection.
    The waiver states that the driver is responsible for the equipment (truck/trailer) issued to them by the company. In the case of a preventable accident or any damages incurred while the truck is in their possession. An example of how small that can be, yet pricey...hitting the curb with the tires and scraping the tire. This is preventable and it will decrease the dexterity of the tire, eventually causing it to have to be replaced sooner than normal wear and tear of a tire.
    Companies can be very inclusive when it comes to waivers and their equipment. But, if you think about the cost incurred to replace simple, necessary items...antennas, knobs, receptacles, HVAC vent covers, on board communications systems...they can be very expensive for the company or truck owner.
    The thing that is bad about these company charges is that most trucking companies have their own Body/repair Shop. They do the repairs at a fraction of the cost yet, bill the driver full hours of service in a repair bill. Plus, a driver would have to dispute the claim by a said trucking company, if they feel that the allegations of incurred damages were not correct or fair. This would require an attorney. Most drivers need to keep rolling to pay their bills, so they accept the charges for damages, even if they disagree with them. The company sets up payment plans and starts deducting the charges from the drivers pay, immediately.
     
  11. Powder Joints

    Powder Joints Subjective Prognosticator

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    These wavier say's if its damaged and not already recorded in company records your going to be held liable for it.

    Like you do a drop n hook at a Wally World DC # say 2:30am after driving 8 or 9 hours to get there, your tired, its dark and now is the easiest time to not see damage, but if you miss the fork lift holes thru the side of the trailer or the gouges down the side from the trailer next to it getting to close, this stuff is or could be charged back to you.

    Pick up a cheep digital camera, and a good flash light. Wal Mart used to hate me on check out, I don't think there was ever a trailer that did not have something that I would consider reportable damage. Take pictures before you hook it, report it to safety (at your company) before you hook it, and security at the DC.
     
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