So my husband decided a few weeks ago he was switching companies and notified his supervisor and dispatcher immediately after making the decision this past Friday was his last day. He knew he needed to turn the truck in and assumed it would be turned in where he got it at the terminal in Dallas Texas. We drove up Saturday and he talked to the guard shack at the terminal and explained the situation and asked what he needed to do and the woman in the office told him that they had no extra locks so leave the truck and the trailer in a empty parking spot in a certain area and they would deal with it. He did as he was told and we left and came home assuming everything was settled. His weekday dispatcher contacted him this evening (the evening before he starts orientation with his new company) and asks why he abandoned his truck. He said a few more harsh statements implying my husband was screwing the company and told him he was going to file on his record for abandonment if he doesn't go pick the truck up drive the trailer two hours into Oklahoma and Bobtail back to the terminal the truck is at tonight. I know there aren't a lot of laws here but he has been asking for the past few weeks what he needed to do he got the okay to drop the truck there and he did everything as he assumed was right leaving the rig on their property behind their locked gates with permission. Can he fight this!? Or must he comply?
Abandonment?!
Discussion in 'Questions From New Drivers' started by sletney2009, Jan 8, 2017.
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I hope that your husband walked away from everything that is PARKED LEGALLY ON COMPANY PROPERTY.
I am making a assumption that your Hubby will not be compenstated for those losses with the current demands by dspatch to relocate rigs to Oklahoma and bobtail back. Don't take on the risk of going back out. NO matter how loud dispatchers scream and threaten.
I say pee on it, he quit the old company, their equiptment their problem.
Tell exactly how it went down to your future employers and explain you think this is a retaliation action against your Husband.
It's common. Devolves into he said she said unless one of you have proof, documents, pictures, etc dates, times, places and most importantly NAMES.insertnamehere, Pnwtrucker and sletney2009 Thank this. -
This is one of the reasons why I record and document every single conversation I have with anybody at any company I work for. I live in Texas and it is a one party consent here. Therefore every single conversation I have with any dispatcher or DM is saved somewhere for at least 3 months. And I only communicate with them via the Qualcomm, E-mail or over the phone. You have to use all means(legal) necessary to protect your CDL.
Last edited: Jan 9, 2017
Boattlebot and x1Heavy Thank this. -
What he needed to do was probably in the policy handbook.Some companies will consider it abandonement if the driver doesnt return the trk at the terminal where it was issued to you and return the keys and all the tools you were issued to the proper dept so they can do the needed paperwork that releases you from the company.That's how I have always done it.Read the policy handbook and see what the channels are drivers need to go thru when they leave the company.TequilaSunrise, Bakari742 and 201 Thank this.
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If the company equipment was returned to a company yard or terminal, and you have proof of that, have a lawyer send a brief letter to the company stating in no uncertain terms that the vehicle was returned to them and ANY statements to the contrary which might affect your employment elsewhere will be met by legal action against the company and any individuals at the company responsible for the dissemination of the inaccurate and harmful reports. If the company subscribes to DAC, might send a cc there, as well, just so they know they'll be facing another lawsuit if they report the fraudulent info the company might feed them.
Might cost you $100 or so, but it's a shot across their bow showing you aren't going to sit there and take their crap, and that they'll be held accountable for their actions. If they ignore the letter and make the false report, sue them. Abandonment is a pretty big negative on your record which will affect your employment options down the road.flyby1971, jaso37, insertnamehere and 8 others Thank this. -
^^^^^^ This right here ^^^^^ If this thread gets 1000 posts, you wont get any better advice than this right here.thekidsixer, sletney2009, G13Tomcat and 1 other person Thank this.
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I agree with pattyj ( as usual), I'd just do as they ask, and be done with it. The guard shack probably had nothing to do with the conversation,( I'm sure the woman couldn't have cared less) and the company took action. Sounds like they crying, but they can make life pretty uncomfortable these days. It could take years to erase some bogus infraction. I'd just do as they say, and move on.
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Its time consuming but drivers must follow their procedures.That way all the needed paperwork is done and it's all filed on the computer for all the department's.
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That's true. They may become so involved with the new place, they couldn't care less about the old place, and there was a time when that was true. You could tell the old boss to "cram it", and be driving for their competition the very next day. Today, there's so many ways an old employer can screw you, it's best to follow their procedure. That's kind of the problem, these newer drivers tend to forget who's the boss.
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Abondoment means just that, it is abodoned somewhere other than property that is in direct control of the carrier. It does not mean that it is sitting in the yard of the carrier and someone who is charged with security knows about it.
I would say that getting a lawyer now isn't a bad idea, but I would wait until they actually do something to act, preemptively sending a letter may just make the matter stay around.
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