The Company is asking the driver to pay for damaged load

Most States have laws prohibiting such deductions from an employees paycheck unless court ordered,....

If I were the person in question I would be making a call to the States labor department to find out exactly what the laws are,...

 

Most times you won't be allowed to pick up the load without proof of cargo insurance.

 

How do you set the temps wrong? No, Really how? Those numbers are at least 1" tall and that +/- sign are pretty obvious. If it's an OLD unit and uses the dial that's hard to screw up also.
Did he not ask the shipper what temp it was to be set at and NOTE this on the BOL?
Did his dispatcher not tell him a temp to set the unit at?
Or the broker?

If the driver put the wrong temperature on the unit after asking and noting on the BOL (called CYA) then he SHOULD have to take responsibly for his mistake! WHY would the company be at fault here and have to pay for his stupidy and that's what it is! This careless mistake is his fault! If he was an L/P or O/O guess who would foot the bill? Yep, the L/P and O/O in the deductible unless they had the money to pay for a zero deductible! But still in this case the driver should have to pay that deductible. He screwed up, he didn't verify a temp so he screwed the pooch on this!
Man up and pay.

Every trucker that pulls a reefer knows or needs to learn one thing, to COVER YOUR ARSE! ASK, don't THINK the temp is always on a BOL! Even if it is, ASK and confirm and then write this on the BOL BEFORE they pull the copies apart or make sure it's on the SHIPPERS copy and yours next to your signature. This applies even if you haul out of that dock everyday! It takes what 30 seconds out of you life? Out of that logbook? Or your travel time! And keeps your money where it belongs, in your wallet!

Yes I can be an arse but I don't sugarcoat things and I darn sure don't coddle those who are at fault and screw up like this!

 

No. They can fire him but that's about it.

He can use the labor board's lawyers, they don't cost him a penny.

 

You ever see those tennis shoes, with velcro straps-instead of shoe laces ??

There IS a reason for them !!

I did a service call last week, driver said clutch was gone.

The dummy was trying to drive with the brakes still set !!!

Was the drivers name Randy, does he have a bother named Earl ???

Just sayin........

 

i just have to ask what "kind of company" was this....?? a rag-tag scumbag, a poor owner-operator...?? doesn't insurance have to be put on reefer loads....??? if the company did not have insurance as you claim, maybe they are going out of business...??? will he even get a regular paycheck each week..??

it's "supposed" to be against labor laws to make an employee pay for damages UNLESS when he started working there he signed papers ALLOWING this. now here's why i say that.... many years ago i went and applied for a trucking job for a local outfit. they also had a race car and trailer set up for racing, (tools, cars, parts,etc,etc). i was told BY THE OWNER that if i were to be "appointed" some day to drive that rig, and i do ANY DAMAGE WHATSOEVER, I'D BE PAYING FOR IT......!!! anywhere's from curbing a tire, to missing tools, it's all on ME....to PAY BACK.......

needless to say, i knew the way out of the office, never to re-apply.....

can the company take money out of his pay.....??

YES.....

is it legal........HE has to go to thew state labor relations board to find out. we ain't lawyers, and we DO NOT KNOW his state's policies.

but in the end, i would have to say, they cannot do this.....but that's only an opinion......

 

I would tell my boss to go screw off, he can buy the load himself

 

If I was so stupid that I could not set a simple temperature I'd quit pulling a reefer!
All my years I NEVER set one wrong when I was holding a paper in my hands with the temperature written on it as I know that my dispatcher or broker would always tell me several times what to set the load at! I even did it when I was brokering loads to be certain they had the correct temp and I even ASKED the driver what temp he had when he called in his loaded call as did every single one of my dispatchers, brokers and yes the macro on Qcomm if the wrong temp was input, I would get a loud beep and a warning about wrong temp!

NEVER, EVER did I NOT look at the dial or panel several times before I got back in the seat to be sure the temperature hit the set mark to drive to a receiver. And during the ride, I never stopped and got out of the truck and didn't look at the temperature setting and hit the manual defrost!

Then for some silly reason when I got to the receiver I never headed to the dock without being 100% sure that the temperature was where it was supposed to be.

Someone tell me why this driver should not be held accountable for a damaged multi thousand dollar load and that the company and insurance company should be held liable for the full cost of this screwup?
It's not an accident where he fell asleep at the wheel but stupidity working here!

And people wonder why insurance costs out the arse!
It's because of idiots that will chant the mantra of, "It's not mine so I don't care!" Why should we who can do the job foot the costs of people like this? And it does come down to us footing the bill as you know who will spread the costs out to us to pick up in higher rates! You got it the insurance companies!

Leave the "hard" trucking to those who can do it and the rest stay at flipping burgers or ....

 

Well said RollOver, when i pulled a ice box back in '77-83 i always checked the temps every time i was out of the truck. Any body can mess with the temps weather it be a dial or computer set.