We have a driver who decided to quit, he is demanding we drive the 2 hours one way to pick up the truck. We explained to him that when he returns the truck to us, he will then be given his last paycheck. What are our rights as company owners in this situation?
Rights of a small Trucking company owner
Discussion in 'Trucker Legal Advice' started by Trkpete, Mar 15, 2018.
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he quit, you do not have to pay him until the normal pay day.
my state (maybe others) if you fire someone, you have 24 hours to pay them in full.
i'd try to recoup the costs of shagging the truck by deducting that from his final pay. but that may be dicy.....maybe for the next employee, put that in writing, have him sign it, that if he abandons equipment that causes you costs to recover, he forfeits part or all of his pay. maybe that, will get the next quitter to return the equipment.
have an attorney go over that document BEFORE you actually present it to a new employee, even your (if any) current ones.
and if you do not have an attorney.....you're about as screwed as can be in the future.
also, IF you are a member of DAC, then put that in his report, he abandoned equipment.....i know i would.
if anyone ever calls for a reference, just "say no" to rehireable....Last edited: Mar 15, 2018
Oldironfan Thanks this. -
ChaoSS and Broke Down 69 Thank this.
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hagarcobra Thanks this.
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Go get the truck and deduct the cost of recovery from his final pay check
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hagarcobra Thanks this.
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how anyone can have a business and NOT have an attorney, i dunno.
i guess all the legal guinnesses are here.spyder7723, hagarcobra and driverdriver Thank this. -
Best bet- go get yur truck and chock it up as the cost of doing business and learn from it. You don’t want him destroying your rig. If the truck is a mess maybe deduct the cost of a detail but consult an attorney for that. Unless stated in a contract or description of job (documented) you may not be able to do that.
stayinback and buddyd157 Thank this. -
What did you do/ not do that made him abandon the truck?
Matt43324 Thanks this. -
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