Paycheck deduction

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

  1. jron619

    jron619 Medium Load Member

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    San Diego, CA
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    I've never heard of that either. Would a driver have to pay for a cracked windshield if he was following a dump truck too closely? It was not broken before the PTI(so he couldn't note it) and the driver was following too closely(this is preventable)? Would the driver get the bill for the windshield?
     
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  3. kickin chicken

    kickin chicken Road Train Member

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    Possibly.

    The driver following too closely is preventable.

    When a driver rear ends another vehicle that too is considered preventable. The driver that rear ended is usually charged with the accident.
     
  4. Powder Joints

    Powder Joints Subjective Prognosticator

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    No I forwarded the doc's in question to him prior to finishing orientation. I have never had chargeable damage, nor have I ever had a company try to charge me with damage. I have had my own business's in the past I still keep a working relationship with my attorney.

    Your new (or current) company will be using their attorney to draft the documents they want you to sign, and in our legal system you are allowed (actually recommended) to be represented when ever they (the other guy company or not) is represented by council.
     
  5. Powder Joints

    Powder Joints Subjective Prognosticator

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    You as a driver are a employee and you are not liable unless they can prove severe negligence on your part. These companies have drivers so afraid of a bad mark on the dac or loss of employment they agree to pay for things they should not pay for. I have seen drivers pay several thousand out of their pocket, and then tell me a lawyer is too expensive.

    Salaried employee's and salaried management are liable for alot, but not us. We are employee's, and work for wages not for profit. Makes a big difference on how you are seen legally regarding liabilities.
     
  6. sparkyswife

    sparkyswife Bobtail Member

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    One of the most troublesome aspects of determining what wages are due and unpaid is the question raised by deductions from wages made by the employer. The employer may not make deductions unless ordered to do so by a court of competent jurisdiction (as in court-ordered child support payments); authorized to do so by state or federal law (as in IRS withholding); or authorized in writing by the employee, and then only for a lawful purpose
     
  7. sparkyswife

    sparkyswife Bobtail Member

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    Keller Texas
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    I got this off the net.
     
  8. kickin chicken

    kickin chicken Road Train Member

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    ??? Are you referring to the information in your last post?
     
  9. CondoCruiser

    CondoCruiser The Legend

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    I worked for my share of companies and never seen an agreement like that.

    I would not work for a company like that. That's just a precursor to that they are a company that takes advantages of their drivers. Red Flag!:smt065

    This is an industry where accidents are common. And this is why they have insurance.
     
  10. Truckers Advocate

    Truckers Advocate Light Load Member

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    In my 52 years of life I personally have never sued anyone or an entity nor have I been sued by anyone or an entity.
    I own a small corporation, trucking; and the fore mentioned statement holds true for my corporation.
    Federal courts have already ruled that a company cannot force you to sign a waiver of liability and here’s my proof http://thelensnola.org/2010/05/03/bp-worker-agreemen/ .

    No one can force you to sign anything!

    Waivers of liability have been invalidated by many Supreme Courts, and upheld as well.
    If you need some examples just ask and I WILL provide links for you. Most involve personal injury suits like the waiver you sign for your kids to play a sport. But they are not limited to personal injury.

    Again, I implore that someone POST IT, until then I find it hard to exchange ideas and opinions on rationally exploring the legal ramifications. As well as the possible validation or invalidation of a decision the courts may hand down.

    Speculation; (a conclusion, theory, or opinion based on incomplete facts or information) can severely limit your ability in a court of law.

    POST IT

    Then we can have a meaningful discussion!​
     
  11. grimesjm1

    grimesjm1 Medium Load Member

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    I have been kicking around putting a driver in my truck for a little while now. You better believe if a driver misses something in a pretrip and it comes up later, he will be on the hook for it. I don't think anyone is saying mechanical wear and tear. There's a difference between worn out brakes and fork holes through the side of a trailer. If you're too tired to notice crash damage on equipment, then you were already too tired to be driving before you got to where you picked up the equipment. CYA.
     
    kickin chicken Thanks this.
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