Could this be considered abandonment?
Discussion in 'Trucker Legal Advice' started by Abcdefgh2345678, Sep 21, 2022.
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Another Canadian driver and drh72 Thank this.
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OP, two important questions -
1 - are you a w2 employee?
2 - did you send them your termination in writing like in a text message or just tell them on the phone?
if you are a 1099, leave. you have no obligation to return the truck once you give notice of termination of your contract unless your contract stipulates you have to return all equipment.
If you are a w2 employee and you gave verbal notice, you can still leave, it isn't abandonment but it allows the carrier to ding you on the DAC without recourse. If you gave them a written notice and leave on that date, then you can file a case for it rot be removed.Another Canadian driver Thanks this. -
It's not as good as it gone, sure, but it's not nothing either. -
If you have a start date with your new employer then I would make sure to adhere to that schedule. If your current employer cannot get you back home in time then do what needs to be done. If the truck isn't ready by your necessary cutoff date/time then that's their problem. It's not abandoned if you gave your notice beforehand IMO.
Another Canadian driver Thanks this. -
If it were me and I had sent my supervisor a resignation letter with my final employment date on it I'd be gone when that day was over. They knew my last day and as far as I'm concerned, its no longer my problem once that date has passed.
I don't quit unless I've got something else lined up and I wouldn't string along my new employer because the former company didn't have their ducks in a row.bzinger Thanks this. -
Here is my last thought. 1. Find out if they are paying you breakdown. 2. Are they paying for your hotel? If the answers are yes to either of these, then they can call it truck abandonment. Yes, you can put in your side of the story on DAC, but a prospective employers will see the abandonment before your rebuttal.
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Get and keep paper copies or video the conversation with the shop manager and with your dispatcher of the truck being in the shop , and for how long and all your conversations with dispatch .
This is why drivers shouldn’t give any notice when they quit .
Just take the truck back to the terminal you picked it up at , clean it out , video document it inside out and then tell them you’re quitting .
trucking companies do this kind to drivers all the time . No other industry would even dream of it .
Nor would any decent trucking company .silverspur Thanks this. -
You don't have to go to the terminal to sign a resignation paper.
Where is the company terminal?
Where is the shop the truck is being fixed?
Do you live far away?
Just tell them that you don't know how long it is going to take to fix the truck.
"Call me and let me know if you want me to pick it up after it gets fixed."
They should get the hint.
One driver posted an thread on TTR recently about being stuck 9+ days at a shop. T'was a tale filled with heartache and pathos.
9 days of breakdown!Last edited: Dec 5, 2022
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Truck drivers need to grow a pair and quit being scared of DAC.
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