Wage Garnishment for truck being towed while on home time.

Discussion in 'Trucker Legal Advice' started by Truckerguy69, Jan 17, 2021.

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  1. '88K100

    '88K100 Road Train Member

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    Company can’t deduct for cost of doing business even if its your fault. I’d have labor board tear company a new one and retrieve my $950.
     
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  3. tarmadilo

    tarmadilo Road Train Member

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    Company can fire you for cause, though.
     
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  4. Trucking in Tennessee

    Trucking in Tennessee Road Train Member

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    Any fines you get can be deducted from your check. This is why they stay weeks behind in paying you, so they can deduct things they may have been sitting on. Is it legal? Who knows? You going to hire an attorney to fight it? He will charge more than the fine and they know that. You incurred the fine, and the police cannot tell you it's OK to park on private property. They can only tell you they are not being asked to enforce towing. I was fined for being over on my rears, even though I called the company and told them the tandems were frozen and I twice tried to move them. A month later after I was canned they took the fine out of my settlement. Welcome to the world of trucking.
     
  5. Trucking in Tennessee

    Trucking in Tennessee Road Train Member

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    It's also possible they let trucks park overnight but not for 3-4 days. After seeing yours sitting there that long they may have assumed it was abandoned. If you had gone in and let someone know what was going on it may have had a different outcome.
     
  6. Oakland Raiders Forever

    Oakland Raiders Forever Medium Load Member

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    It depends on the owner of the property and the towing company.
    Time to look for a different job.
    Ask your boss ... I did not know I was a partner in the business ? What percentage of the profits do I get now that I get to eat the losses.
     
  7. Trucking in Tennessee

    Trucking in Tennessee Road Train Member

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    You want to work on commission instead of salary?
     
  8. AModelCat

    AModelCat Road Train Member

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    I suppose if someone parks a car in your driveway for 4 days without permission then you should pay the tow bill/impound fees and not the car owner?
     
  9. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    You're wrong. It's still called a garnishment. But without a court order or agreement between him and his company it's known as an illegal wage garnishment.

    I had this trouble with my company but a different situation. They would threaten to randomly take money out of your paycheck if they decided you violated personal conveyance rules. Not if you got a ticket or failed an inspection. Just if the people inside the office looked over your logs and thought you violated, 50 dollar fine deducted from your paycheck.

    After I threatened to sue the **IT out of those people if they did that, they backed off.

    So to answer the OP's question, no they can't deduct your wages. Your wages are yours. It's not a privledge to get paid in full. They must pay your full pay no matter what. But, if they want, they can sue you for the cost of the tow.

    It's your choice but NO they cannot deduct money out of your paycheck without your consent.
     
  10. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    You are absolutely wrong. The Department of Labor has made it very clear when your wages can be garnished. Only two situations are present, a court order (and there are several reasons a court may order a garnishment) or you agree to it in writing. Your money is your money once you earn it. If they take money out of your paycheck they are stealing it just like if they would take it out of your pocket.

    Can My Employer Garnish My Wages for a Mistake I Made?

    "Under the federal Fair Labor Standards Act, an employer may deduct for losses if you signed a document granting consent to the deductions prior to the loss. Generally, this type of agreement is signed at the start of employment."

    Just like if you make widgets and you were supposed to make green widgets and you made blue ones. They can fire you for that, but they can't deduct the loss they had on the manufacturing of the green widgets out of your paycheck. It's called the cost of doing business.

    You could do something as agregious as parking the truck in the middle of the interstate and throwing the key into the woods and they STILL can't garnish your wages. They CAN, however, sue you for whatever they are out. But in that instance it's blatant. This guy asked a cop if he could park there and was told yes (a bit irrelevant but it shows no intent to illegally park) and other trucks were there as well. So absolutely no garnishment is allowed. Firing, sueing, etc is but that's it.
     
    Last edited: Jan 23, 2021
  11. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    He doesn't own the truck.
     
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