Could this be considered abandonment?

Discussion in 'Trucker Legal Advice' started by Abcdefgh2345678, Sep 21, 2022.

  1. Abcdefgh2345678

    Abcdefgh2345678 Bobtail Member

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    I am working for a company I informed them of when I was quitting. Truck has broken down and is in the shop I have been waiting 4 days for repairs and my final day was supposed to be today. The company wants me to wait for truck to be repaired to drive is back to terminal to sign resignation paper. Shop has no idea when the truck will be fixed and I am losing money waiting for repair just to drive back and sign resignation paper. the company knows that the vehicle is in a secure location which they authorized while being repaired and I do not obtain any company assets besides the truck. I'm thinking of flying home and not continue wasting my time and have them email me resignation papers. Would it be considered truck abandonment? It is non operational with no telling when it will be repaired
     
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  3. Short Fuse EOD

    Short Fuse EOD Road Train Member

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    They may see it that way. If your just hanging out there without pay….I’d say you have been abandoned! Your next company, if worth working for, would see it the same as you do.
     
    Last edited: Sep 22, 2022
  4. Abcdefgh2345678

    Abcdefgh2345678 Bobtail Member

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    Thanks I also feel like I've been abandoned but I've never done anything in the past to leave a burned bridge with a company before but I'm at a point where I'm losing a lot waiting for the repair.
     
  5. Short Fuse EOD

    Short Fuse EOD Road Train Member

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    Look, you are still at work. If the company expects you to stay put, we’ll that’s a task, and it should be compensated where both parties are satisfied. It’s that simple. A carrier expects layover pay when something happens where a carrier is unable to complete the load as planned. Well, a driver should be getting layover pay in your situation as well. It’s not like you have been released of all your duties. If you were, the company wouldn’t consider it abandonment.
     
  6. MOBee

    MOBee Road Train Member

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    Are you still under a load? Did they send someone else to get it? What is their breakdown policy?
     
    Last edited: Sep 22, 2022
  7. Judge

    Judge Road Train Member

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  8. Short Fuse EOD

    Short Fuse EOD Road Train Member

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    I agree. I edited my post and fumbled a word.
     
  9. Abcdefgh2345678

    Abcdefgh2345678 Bobtail Member

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    No not under load. As soon as truck was taken to shop load was recovered. Went thru company policies and no information on breakdown
     
  10. buzzarddriver

    buzzarddriver Road Train Member

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    IF they are footing the bills for lodging and food, plus paying you your average daily wage for the duration of the breakdown, stay put and wait on truck repairs for a reasonable time frame. And this should not be the ol', you pay for it and we will reimburse you. They should pay the hotel directly and put a daily food allowance on your fuel card.
    After an agreed upon time frame has past and the truck is still not repaired, go home and get another job. You will have to pay that yourself, as they consider you as quitting. And you will probably have to fight for your final paycheck.
    I would check your HireRight file after a couple of weeks and if they put an abandonment on it, you can add a dispute explaining your side of the story and HireRight must add it.

    3 - Request a Copy of My DAC Report | Applicant Help Hub (hireright.com)

    1 - Dispute the Accuracy of My Background Report or Testing Results | Applicant Help Hub (hireright.com)

    Good luck.
     
  11. Opus

    Opus Road Train Member

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    I'd say, stay with it and remove all doubt. I mean, heck, you've been there for 4 days, what's a couple more hours?
     
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