can they.....theft of load

Discussion in 'Experienced Truckers' Advice' started by braindead101, Aug 31, 2011.

Page 1 of 4
  1. Aug 31, 2011 #1
    braindead101

    braindead101 Bobtail Member

    6
    0
    Aug 31, 2011
    clinton, tn
    0
    my husband is leaving McGriff for non payment has not had a check in 3 weeks keep calling they say not thier problem so he told them he was quitting and they told him if he did not bring truck to yard in AL. they would charge him with theft even though they know were its at , he told them he couldn't bring it to the yard unless he had a way home which he would if they would pay him and they keep saying not thier problem any advice
     
    braindead101, Aug 31, 2011
    braindead101, Aug 31, 2011
    #1
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Aug 31, 2011 #2
    brsims

    brsims Road Train Member

    5,296
    6,522
    Aug 8, 2009
    Meadville, PA
    0
    If he doesn't return the equipment to a company owned yard or facility, he can be charged with theft. At the very least, he'll get a "abandoned equipment" charge on his DAC, which will kill his career moving forward...
     
    brsims, Aug 31, 2011
    brsims, Aug 31, 2011
    #2
  4. Aug 31, 2011 #3
    bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

    28,735
    46,535
    Jul 23, 2007
    Midwest
    0
    Is he under a load with the truck? If so, then yeah, he needs to drop the truck/trailer and load where they tell him, or he will be in big trouble. Its never a good idea to just leave a company with the truck/trailer and load off somewhere else where they have to recover the equipment and the load. Also, when he drops the truck/trailer get something from the company in writing about the truck being returned to the proper facility and it good condition, to cover his butt.
     
    bullhaulerswife, Aug 31, 2011
    bullhaulerswife, Aug 31, 2011
    #3
  5. Aug 31, 2011 #4
    BigJohn54

    BigJohn54 Gone, but NEVER forgotten

    1,972
    1,599
    May 13, 2011
    SW Missouri
    0
    He's in a bad spot. If he abandons the truck, he will be in a worse spot. As far as I know they will not be able to charge him with theft. But they can charge him with abandoning the load and/or the truck. It will be real hard to get a job with that hanging over his head.
     
    BigJohn54, Aug 31, 2011
    BigJohn54, Aug 31, 2011
    #4
    bullhaulerswife Thanks this.
  7. Aug 31, 2011 #5
    123456

    123456 Road Train Member

    10,555
    5,748
    Oct 22, 2010
    32179
    0
    Return their truck to them.

    It IS the only right thing to do.......
     
    123456, Aug 31, 2011
    123456, Aug 31, 2011
    #5
    Colorato and BigJohn54 Thank this.
  8. Aug 31, 2011 #6
    CondoCruiser

    CondoCruiser The Legend

    19,726
    18,734
    Apr 18, 2010
    Tennessee
    0
    You can't be charged with theft for something that was given to you or for you to use. They will charge him with abandonment.

    If he wants to truck anymore, he no choice but to return it. Like 123456 said, it's the right thing to do, return it. Then get you a ride home.
     
    CondoCruiser, Aug 31, 2011
    CondoCruiser, Aug 31, 2011
    #6
  9. Aug 31, 2011 #7
    braindead101

    braindead101 Bobtail Member

    6
    0
    Aug 31, 2011
    clinton, tn
    0
    thanks for the info. just gonna be hard to get him home with no money because they haven't paid him for 3 weeks and when asked company says not my fault.
     
    braindead101, Aug 31, 2011
    braindead101, Aug 31, 2011
    #7
  10. Aug 31, 2011 #8
    Kittyfoot

    Kittyfoot Crusty Ancient

    2,092
    3,056
    Sep 21, 2009
    Sorrento, Louisiana
    0
    Yeah they can if they decide something's "missing" off the truck that was in your care. I'm assuming there's no freight involved. They can also claim "damage" caused by your removing "personal stuff" like radios, inverters, etc.

    Take the truck back to them and get it signed off at their yard (get and keep a copy). You are responsible for your own way home if you're quitting.

    The back pay thing is another whole game. If they refuse to straighten this out and if you have full documentation you'll have to see a lawyer. Don't lose your temper, fuss or threaten them. Be calm and business like.

    Sorry, but judging solely by your post, you and hubby have mishandled this whole thing.
     
    Kittyfoot, Aug 31, 2011
    Kittyfoot, Aug 31, 2011
    #8
    bullhaulerswife Thanks this.
  11. Aug 31, 2011 #9
    Smaggs

    Smaggs Pie Crust

    1,405
    698
    Apr 12, 2011
    Pittsburgh, PA
    0
    drop a log on the seat on your way out?

    I wouldn't abandon the truck or refuse to return it. It sounds like a case of employer having you by the sack... it sucks, but life is just a scam anyway.

    Hopefully, you find something better... and quickly.

    Good luck!!
     
    Smaggs, Aug 31, 2011
    Smaggs, Aug 31, 2011
    #9
  12. Aug 31, 2011 #10
    puncher

    puncher Medium Load Member

    540
    358
    Feb 12, 2010
    Tn.
    0
    Have you thought about a mechanics lein available at the court house? You don't have to be a mechanic to do this if I remember right, if you perform a service you can do this to recover your payment for those services. Check with the Anderson county court clerk, and or a lawyer to find out for sure. Hope you all the best.
     
    puncher, Aug 31, 2011
    puncher, Aug 31, 2011
    #10
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

    • Page 1 of 4