Can a company deduct fuel from pay to return truck to yard?

Discussion in 'Trucker Legal Advice' started by sharpshooter, Nov 5, 2012.

  1. sharpshooter

    sharpshooter Medium Load Member

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    As the title says, can a company deduct fuel from your final check to cover cost of returning truck to their yard?
     
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  3. EZX1100

    EZX1100 Road Train Member

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    that may be a state by state thing

    i know in NY, they MUST pay you your wages and anything they want beyond that, they have to file a civil suit against you

    (if you are an employee)
     
  4. Emulsified

    Emulsified Road Train Member

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    depends on the circumstances, the state you are licensed in and the state the carrier is based.
    But the general answer is: If you have abandoned the truck (meaning it is left somewhere other than where they instructed you to leave it, even if you left it in one of their yards), they can deduct the cost of recovery. They must justify that cost, but it's normally far more than they owe you.
     
  5. sharpshooter

    sharpshooter Medium Load Member

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    It was returned to their only yard in SC.
    They have a section in their employee manual that states they will charge 3 bucks a mile to "recover" an abandoned truck but, it doesn't say anything about if the truck is returned, which it was.
     
  6. Emulsified

    Emulsified Road Train Member

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    Sounds like you have nothing to worry about.
     
  7. sharpshooter

    sharpshooter Medium Load Member

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    They deducted 460 bucks from my paycheck for fuel, from last delivery to their yard
     
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  8. Okieron

    Okieron Crusty Okie

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    did they have notice and did they deadhead you just to get you home ? different situations make different answers .
     
  9. volvodriver01

    volvodriver01 Road Train Member

    Tell them you are filing a civil lawsuit against them. As long as you returned the truck to the only yard they have and in good condition I don't see how they have any right to charge you the fuel.

    Added..... Unless you gave them no notice you were going to quit and you went out of route to turn the truck in.
     
  10. sharpshooter

    sharpshooter Medium Load Member

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    I got a log violation moving 2 exits up the road to make what they said was an 8am delivery, which was a lie, it was a 130pm appointment.

    According to their employee manual, any violations during your probation period, you are terminated. I delivered the load, notified them I had, and said I'm returning the truck to their yard since their manual states I'm terminated for receiving a violation.


    On the pay settlement, they did refer to it as "out-of-route" miles
     
  11. FozzyNOK

    FozzyNOK Road Train Member

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    You drove the truck out of route to the yard.. if you signed a contract / employee agreement that stated that you agreed with what you were signing, then you need to accept that you signed the contract. They did not dispatch you to the yard, you took it upon yourself to get there. You were never told that you were terminated by anyone and you obviously had something else going on. So take your lumps and pay the costs that you incurred.
     
    sharpshooter and crzyjarmans Thank this.
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