Driver quit

Discussion in 'Trucking Industry Regulations' started by KimWI, Jul 13, 2018.

  1. KimWI

    KimWI Bobtail Member

    1
    0
    Jul 13, 2018
    0
    I am the owner of dump trucks. I have a driver that was unsure if he wanted the position. He voluntarily rode with another driver a few times then decided he wanted the job. I then moved forward with training, MSHA, etc.. After about 2 weeks, I put him on his own and he quit in 2 days, without notice. Am I legally able to deduct the costs of his training and licensing from his final paycheck? Also, do I have to pay him for the training time?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. STexan

    STexan Road Train Member

    14,962
    29,144
    Oct 3, 2011
    Longview, TX
    0
    I don’t know for certain but a few questions come to mind.

    • What were your real costs associated with “training and licensing”? Could this amount not have been stipulated in writing at hire?
    • What would you say is a sufficient duration of satisfactory employment to make this issue or concern go away?
    Best bet is to work with an employer business counselor who is familiar with laws in your state.
     
    NavigatorWife, KimWI and Oldironfan Thank this.
  4. STexan

    STexan Road Train Member

    14,962
    29,144
    Oct 3, 2011
    Longview, TX
    0
    Dealing with the unknown employee element is always going to bring about these types of situations, regardless what type of job we’re talking about. But truck drivers may be the worst about managing expectations in a new job.
     
    Lab work and KimWI Thank this.
  5. DTP

    DTP Road Train Member

    1,281
    2,706
    Dec 9, 2014
    0
    Most companies will deduct the cost of the physical and drug test if a driver leaves before a stated time. But the time he spent with his trainer is compensated work and should be treated as such. Turnover in trucking is sky-high for a number of reasons. He won’t be the last driver who does this to you...
     
  6. deathB4decaf

    deathB4decaf Medium Load Member

    605
    872
    Jan 10, 2018
    0
    Going forward I would write in your stipulations to the contract they sign.

    I worked in the office for a plumbing company before I worked here. They always deducted the cost of the class in small weekly payments. If the assistant finished the class, they reimbursed him. If they did not finish the class then it was already paid for.

    You may want to consult an attorney to see what you are legally allowed to do.
     
    REO6205, InTooDeep and NavigatorWife Thank this.
  7. Bob Camden

    Bob Camden Bobtail Member

    21
    9
    Jan 9, 2018
    0
    All Federal and State laws are applicable. That being said, you would need to state, in a hiring contract/doc, that they are obligated to pay back if a probationary period was breeched. That document would also be subject to local and Federal laws and definitely should be drawn up by your local attorney who is practiced in this field.
    I am giving you my experience from oil field work which is extensive and costly. Hope that helps.
     
    brian991219 and justa_driver Thank this.
  8. Ridgeline

    Ridgeline Road Train Member

    20,732
    101,024
    Dec 18, 2011
    Michigan
    0
    Was he employed at the time of the training?

    Meaning that did you go through the process of paper work and such and then assign him a start time?

    If so - he is an employee and you need to pay him for his time training.

    ALSO you need to talk to your accountant to see what is a business expense but in general yes you can expense his training.
     
  9. JLMooreKCMO

    JLMooreKCMO Light Load Member

    282
    295
    Jun 8, 2007
    0
    How long would you continued to pay him if it wasn't working out for you?
     
  10. Jazz1

    Jazz1 Road Train Member

    2,373
    4,970
    May 7, 2012
    Thunder Bay On
    0
    No you can't charge him a dime for anything. He was a employee. This is the cost of doing business. I am sure he did not agree in writing to pay for any training or orientation.
     
  11. justa_driver

    justa_driver Road Train Member

    1,105
    817
    Apr 2, 2014
    Tennessee
    0
    This. Whatever is written and agreed to is what will carry in court as long as it does not break any laws. See a Lawyer as suggested.
     
    Last edited: Jul 13, 2018
    NavigatorWife and Jazz1 Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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