can they.....theft of load

ok, lemme get this straight, your husband works for a company that hasn't paid him in 3 weeks, when he calls they say it's not their fault. Unless he has done something really really stupid (like cash advances from the company thus eating up his pay), they are the one's with the problem. If he doesn't return the truck it's theft, if he leaves it somewhere it's abandonment.

So, you (actually your husband) pick up the phone, you call your state Hour & Wage commision. You explain to them what the situation is. They will inturn open a case against this company. Now, if this company is leased on to Greatwide as someone suggested, your husband needs to be calling Greatwide as well.

Once he returns the truck, he needs to file a lawsuit against the company, in addition to contacting wage & hour.

 

Not always the answer.

The state of Illinois told a driver that they were not interested nor would they even look into a truck driver complaint.

 

There is one easy LEGAL option......With a load in the trailer (there is more value to a loaded trailer than an empty one)...take the truck home...keep it on your property, go down and hire an attorney and file a "Mechanics Lien" against the equipment and the commodity.

Make sure you have proof...physical, tangible proof of all monies owed you for the time period in question, for pay, for personal expenses incurred, along with storage costs (estimated) of said equipment and commodity.

By having a load in the trailer (assuming it isn't refer or HazMat)...you have a huge bargaining tool. The company wants their equipment back, along with they don't want a customer, or group of customers, getting wind of "financial problems" within this company.

 

I'd only question one part of this; the load is not the "property" of the carrier at any point. I'd ask a lawyer for sure but I kinda think you might be liable for the load.

 

Take the truck back pronto, cut you loses and run, chances are you won't see the money owed(look for McGriff to go belly up) if you do get some money it may be months from now.Get another job and move on. Quit wasting time with these losers.

They aren't paying because they don't have the money. There is not enough revenue to go around when you try to run a company with trucks leased to another company. I will reserve comments about Greatwide.

 

When you sign the waybill it becomes Greatwides property until it is signed for on the other end. The driver is the company's agent.
Hold their load for ransom and you will get someone to notice you.
But beware the repo man lurks in the night.

 

Get rid of the load (meaning deliver it). Take the truck to there nearest yard, clean it out, leave it clean do not trash it (they will bite you). Take pictures of it and the trailer. Have a family emergency, and when you get home call and tell them "Regretfully I will not be able to return as my family needs me for a prolonged and undetermined lenght of time". Please put me on a family emergency leave.

Now if they bad mouth later they will look like the smucks.....

Only tell them what they are entitled to know, its now lieing, it's guarding your self for the future....Good Luck

 

Nossir, it does not ever become the carrier's legal property. The carrier cannot take that load and sell it to whomever. They cannot dispose of it any way they see fit.

The only time a common carrier owns a load is when they have to eat a damaged load. Their insurance "buys" the damaged load from the shipper.

In all other cases the load is the property of the shipper until it is delivered to and signed for by the consignee.... period.

Oh, you will get "noticed" alright. But not in the way you think or want. God help you if the load does not correspond exactly with the paper count or has damages.

 

After this stay away from the companys out of Cullman,Al. J r smith Quote( I don,t know why you have no check, You haven,t been taking no advances!) R.E. (You have to put money in your escrow and fix everything to our standards)Just return the equipment and start again.

 

BS, if wage and hour told me that wouldn't take the complaint, my next step would be to contact the Gov., my local Senator/representative, and a lawyer. Followed at length by the media, I'm sure the general public would like to know that the state doesn't give a #### about their wages.

There are a couple of cases here in Colo. right now where DMV is screwing with people. Suspending licenses for really old or oddball reasons, in one case, a 24 yr old had his revoked. Because of something that happened when he was 14. At 13 he was sent to a halfway home, at 14 he got into a fight with another juvenile, it was the other kids fault. Some equipment was damaged. Both boys went to court, the charges against the one were dropped. Apparently some idiot in the court system didn't file things correctly. At 22 this guy finally got his license, 2 yrs later he gets a letter that his license has been revoked becuase of this incident, they claim he failed to pay restitution to the state for the broken equipment. He took paperwork to the DMV hearing to show he was cleared in the incident and not ordered to pay. DMV didn't believe him and told him he needed a letter from the Judge (who's now deceased), or the court (yeah right, the records are buried 20' deep in some back room). Then when you try to get your license back they make you jump through unneeded hoops. One of the state representative found out about it, he's personally working with these people ( so far about a dozen cases) to get their licenses back and has launched an investigation into what DMV is doing. There have been some stories in the media about it, but recently the Gov. has said he wants to know what is going on as well.