criminal charges for refusing to drive illegal
Discussion in 'Experienced Truckers' Advice' started by MYTRUCKIN4U, Dec 26, 2016.
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sure
on nov 27,2016 i was dispatched on a load and since i had been on duty for about 12 hours i stopped to take a 10..when i awoke on nov.28, 2016 i had received several texts from employer stating he was calling the state police if i don't call him.. since i had not been paid prior week or this pay period i cleaned my things out of truck.. on dec.20,2016 a detectivd notified me that on nov.27,2016 this employer had filed charges for vehicle theft
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Notify the po-po that you are suing the employer for "constructive discharge" (or your state's equivalent).
In the United States, constructive discharge has differing meanings depending on the jurisdiction.[1] In California, the California Supreme Court defines constructive discharge as follows:
"In order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign."[2]
Constructive dismissal: https://en.wikipedia.org/wiki/Constructive_dismissalKB3MMX, Lepton1 and MYTRUCKIN4U Thank this. -
in a designated semi parking area close to employers home address btw 1 issue was that he was demanding i drive said semi without proper licensing
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You can be charged because you deprived him out of that truck. I can't say if you was lease purchase and you made payments and truck was in your name different situations. I would not hold up equipment any longer but I would contact attorneys to guide. The detective can file charges but ultimately if the owner can prove you attempted to remove permanently or fraudulently took that truck you are guilty of theft. Him not paying you is Theft if there's a bonding contract.
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he also claimed the stuff i took from semi was his and since he claimed he had fired me the day before and i had saved the texts to show he never fired me those charges were dismissed
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Theft charges are seriously and incredibly expensive to resolve. They are hard to beat if your not careful in your words.
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but thats the whole issue i never fraudulently took the truck.. i have the texts where he not only dispatched me but he even put money on fuel card so i could have some cash until i return..
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Charges are now dismissed over the holidays 4min conversation with us.
KB3MMX, AtticusRoad, Jmans and 3 others Thank this.
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