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?
Driver quit
Discussion in 'Trucking Industry Regulations' started by KimWI, Jul 13, 2018.
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- 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?
NavigatorWife, KimWI and Oldironfan Thank this. -
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.
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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...
NavigatorWife, okiedokie, Tb0n3 and 1 other person Thank this. -
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. -
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. -
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.James122, brian991219, Lite bug and 2 others Thank this. -
How long would you continued to pay him if it wasn't working out for you?
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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.
Diesel Dave, Lite bug, Lab work and 1 other person Thank this. -
Last edited: Jul 13, 2018
NavigatorWife and Jazz1 Thank this.
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