The Company is asking the driver to pay for damaged load

Another thing that should be pointed out is that a "blanket statement" signed when hired does not hold up in a court of law,....If your employer takes out any money for damages you are entitled to seek double that back from your employer through the courts,...

A call to your states labor department would be the best way to clear this up,....

 

A free call to your state department of labor will answer any questions and get the ball rolling,.....

 

Okay, Ive seen, heard, etc, this topic debated for years. There is a local radio show here in Denver run by a consumer advocate. At least once a month someone calls and asks this same question, and each time they bring on an employment lawyer or someone from the state labor board, and each time the answer is the same.

Yes, an employer can make you pay for damages or their insurance deductible, without you signing something in an employment contract if you were at fault. Especially if it is an employment at will state (which Colorado is) or they can terminate you on the spot and have you prosecuted for the damage. These cases are brought before the labor board all the time and the employee loses in 75% of the cases, and those cases where the employee wins, it's generally because the employer has broken the law or forced the employee to break the law which resulted in the damage occuring. They can also keep your final paycheck to offset their losses (insurance deductible) if you were in the wrong or at fault.

We can argue this one til we're blue in the face and waste thousands of bandwith, but sorry folks, employers have the right to do this if you (the employee) were at fualt. It is at the discretion of the employer.

 

The one post and 0-1 years experience tells all. Poster is the one. Some new drivers just turn the reefer on and don't look at it thinking all hauls the same. Well banana's don't haul good at -10 degrees.
Ice Cream doesn't haul good at 32 degrees. You have to learn your freight and always ask if it's not on the bills.
Freight don't move without cargo insurance either. They are lying to you. I take it you are a company driver. You will have an option to pay or get fired. Your liability should be that of the deductible. The company is trying to avoid a large claim. Tough luck. You can't pay that much.

It puts you in a strange predicament because you quit you will have a hard time finding a trucking job. Your DAC will be destroyed. I would try to negotiate with the company a reasonable amount and pay weekly. There are very expensive lessons to learn in trucking if you aren't careful. Cross the wrong bridge and it can cost you thousands. Get in accident and it'll cost you everything you own and then some.

striker, there is a big difference between a company employee versus contract labor. Nobody can prosecute him. At most he can be fired and a civil suit could follow. Were talking 6 figures. Have you thought about Mexico? Or let them sue and afterwards file bankruptcy. I think I would be talking to an attorney on this one.

 

(claiming they have not had the load insured )

Sounds kind of FISHY , what kind of reefer outfit insures cargo on a PER LOAD basis ,

 

Not a good one!

The way I read this is the company wants to make the person pay for the whole load? I can understand paying the deductible but the whole load? I understand this person screwed up but isn't that what insurance is for?

I'd like to see this company try to sue this person for the load. It would be funny to see how they explain in court that they didn't have insurance.

 

And as I stated, if your an employee they have more hold over you then if your a contractor. They would prosecute him as a civil matter, the company does have a right to recover for stupid acts by the employee.

They don't have to prove malicious intent, it kinda goes back to the discussion in another thread about being a professional. If your dispatcher (as a company driver), gives you a pre-plan on Tuesday for a Weds. pickup, and they tell you that your reefer needs to be cooled to 20 deg. prior to loading, and the shipper tells you it needs to be kept at 20 deg. in transit, and you fail to do that, that's neglect on your part, you failed to do your job. Guess what, the company can hold you liable for that load, even if it's just the deductible.

When I worked for McD's distribution, we had to check the reefer temps every 3 hrs and keep a log of it on our paperwork. You had to note the time, temp setting (dual reefers), and current temp (dual temps), if you didn't and the store complained about spoilage, you were docked for that product, that was company policy in writing and you didn't sign sheet beforehand acknowledging it.

Also, we had a guy several years back take a 50 mph curve at 60 mph with a top heavy load, guess what, he laid it over. Totaled a 2 yr old daycab, seriously damaged a 20' container and chassis, as well as damaged the load. He was cited for careless driving by state patrol, he was fired on the spot by the company. He was never paid his finally paycheck, and it didn't even cover the deductibles for the everything or the tow bill. He filed a claim with the labor board, they rejected his claim once we submitted the documents related to the accident. He tried to sue in small claims for 3x the damage for loss of wages, the judge dismissed the case for the same reason. It was malfeasance on the part of the employee, hence the company was in the right to mitigate their losses. BTW, same idjit did the samething 2 yrs later at another company.

 

I'm still waiting for the OP to tell us what temp he had it set at and what it was supposed to be set at and what was the product and who was the company?
A little more info would be nice! Enquiring minds want to know!

 

The company should ask him to pay half. they were also at fault for not insuring the load.