Think of AT WILL employment as residing in the space between 2 parenthesis ( . . . ) Anything that arises, happens, occurs between the parenthesis is subject to any reasonable and LEGAL conditions of employment you might have agreed to. The moment employment is terminated by either party is the ), or close parenthesis. You can work for a CA company and terminate your employment in CT.
Forget trucking, for a moment. Let's say you got a desk and a stapler within a cubicle. It isn't likely you'd steal the desk or cubicle but, if for some reason, you walked out with the company's stapler, there might be a reasonable expectation that, upon your termination, you'd return it. Every function of the stapler was expected to occur on the desk and within the cubicle. Regardless, your employer owes you all wages (and expenses) due. It's not all wages minus the $7.99 for the stapler, it's all wages. If they choose to sue you for the $7.99, that's their business but they can't simply withhold it from you.
Now, ask yourself, where was the function of the truck expected to occur? If it was local or regional, the truck should be retrievable within the workplace . . locally or regionally. If the truck runs OTR, it should be retrievable within the workplace. They can ask but they can't demand that you return it to a place beyond where they sent it (with you in it!). It is a reasonable risk the company assumed when it gave you the OTR truck.
They can ask you to surrender your first born male child. They can ask you for naked pictures of your wife and you can grant permission! They can't legally ask for either but if you give it, shame on you. If they take or try to take it, shame on them. If they take it and you fight to get it back, you'll get it back + + +
equipment abondon
Discussion in 'Questions From New Drivers' started by sirtrucksalot, Mar 9, 2011.
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I think the OP got his laugh.
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Time, you're missing my point. Change your scenario to where you signed an agreement at the beginning of your employment that, after an inventory, the company has your permission to deduct any equipment missing from your desk. You took a stapler with you when you left. Based on your agreement and your permission, they take $7.99 out of your compensation.
Now, take that $7.99 stapler and make it $600 in truck recovery costs. Exact same situation. You authorized it. -
Chuck Norris doesnt run from the truck, the truck runs from Chuck Norris
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Not to argue here, but frequently employers will withhold costs due to damaged equipment from a final check. That puts the ball in your court - and your recourse is litigation. If you signed an agreement allowing them to recover damages as a condition of employment, then that may or may not have legal standing depending on the state you are employed in. It may require the court to rule in the matter as well.
However... as an OTR driver, you will have to file that litigation in the state that your employer is located at (costs of travel,) attorneys fees, court appearances (more attorneys fees, travel expenses)...
You see where this goes. The average drivers settlement checks makes recovery mostly a pipe dream - unless you are independently wealthy. Which then begs the question... what were you thinking when you signed up to go OTR if you have that kind of money in the bank???
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I just quit CRST, I sent them a QC message saying I was quitting and I needed to know where they would like me to take thier truck? I was on hometime in Florida and they needed the truck at the closest drop yard which is in Atlanta. So they actually got me a load out of Jacksonville the next day going to Atlanta so I got paid for driving the truck to Atlanta!
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I dont understand abandoning it. Im sure the OP was joking, but why not take it to the closest terminal or whatever and go home from there? Or just park and wait for someone from the company to come and get it?
Ive heard of this, but it doesnt make any sense. -
It costs a carrier quite a bit of money to recover abandoned equipment, plus there is no security for the rig - it can be damaged or vandalized. So... they take it seriously, and once one has abandoned their rig, there is a very good chance no one is going to take a chance on hiring them.
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You can look at any truck website under driver qualifications and in big letters you will see NO EQUIPMENT ABANDONMENT.
You might get away with it, but you won't find a normal driving job again. They don't take it lightly.
Remind me not to let you borrow my car.
Irondog Thanks this. -
This is something EVERY employer will ask about when they receive the letter of inquiry they send to your former employers, as required by law.
This is a show-stopper for future employment and if you get caught being dishonest about abandoning equipment, you get fired.
Just take it to a place of your employers choosing and walk away.
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