Could this be considered abandonment?

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

  1. ZVar

    ZVar Road Train Member

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    Why?
    No seriously, why?
     
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  3. trucknguy

    trucknguy Medium Load Member

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    Paperwork can be faxed or electronically signed, they just want free truck delivery.
     
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  4. Ridgeline

    Ridgeline Road Train Member

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    OP, two important questions -
    1 - are you a w2 employee?

    2 - did you send them your termination in writing like in a text message or just tell them on the phone?

    if you are a 1099, leave. you have no obligation to return the truck once you give notice of termination of your contract unless your contract stipulates you have to return all equipment.

    If you are a w2 employee and you gave verbal notice, you can still leave, it isn't abandonment but it allows the carrier to ding you on the DAC without recourse. If you gave them a written notice and leave on that date, then you can file a case for it rot be removed.
     
  5. ZVar

    ZVar Road Train Member

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    Not 100% without recourse. Even if the fails the challenge he can make that forces the company to prove it's abandoned, he can still give a reply stating what happened.

    It's not as good as it gone, sure, but it's not nothing either.
     
  6. ProfessionalNoticer

    ProfessionalNoticer Road Train Member

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    If you have a start date with your new employer then I would make sure to adhere to that schedule. If your current employer cannot get you back home in time then do what needs to be done. If the truck isn't ready by your necessary cutoff date/time then that's their problem. It's not abandoned if you gave your notice beforehand IMO.
     
  7. AModelCat

    AModelCat Road Train Member

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    If it were me and I had sent my supervisor a resignation letter with my final employment date on it I'd be gone when that day was over. They knew my last day and as far as I'm concerned, its no longer my problem once that date has passed.

    I don't quit unless I've got something else lined up and I wouldn't string along my new employer because the former company didn't have their ducks in a row.
     
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  8. MOBee

    MOBee Road Train Member

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    Here is my last thought. 1. Find out if they are paying you breakdown. 2. Are they paying for your hotel? If the answers are yes to either of these, then they can call it truck abandonment. Yes, you can put in your side of the story on DAC, but a prospective employers will see the abandonment before your rebuttal.
     
  9. roundhouse

    roundhouse Road Train Member

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    Get and keep paper copies or video the conversation with the shop manager and with your dispatcher of the truck being in the shop , and for how long and all your conversations with dispatch .

    This is why drivers shouldn’t give any notice when they quit .
    Just take the truck back to the terminal you picked it up at , clean it out , video document it inside out and then tell them you’re quitting .

    trucking companies do this kind to drivers all the time . No other industry would even dream of it .
    Nor would any decent trucking company .
     
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