So here is the conundrum.... I fired a driver yesterday for reasons I need not go into. Now the vendictive ex is refusing to turn in tractor keys, fuel card and his logs.
My question is what would you business owners do? Just looking at options and getting opinions.
Here is what I'm considering sending him......
I'm forced to have to charge you for re-keying the locks on the truck. That includes driver and passenger doors and the utility doors, the cost of acquiring another fuel card, and any cost the company may incur for having to acquire the driver logs (your logs) through the FMCSA that you refuse to turn in to the company. The total amount will be deducted from your final settlement. And remaining monies, if any, will be paid to you with a detailed list of the deductions.
Once again, Xxxxxxxxxxx LLC encourages you to return company property to receive the full settlement owed to you. Being that you are in possession of 2 (two) Tractor keys (Unit 001) and the Fuelman card ending in xxxx both of which can be considered a security component, we have no choice but to act immediately to secure the company's investment and it's credit vulnerability caused by your actions. END
I'm pretty sure I can file a report with the Sherrifs office and have them escort me to retrieve the
Keys and card, since he is no longer authorized to be in possession of them but refuses to surrender them. He also volunteered a text messaging stating he would not return the items until he was paid.
What say you?
Ex disgruntled employee
Discussion in 'Trucking Industry Regulations' started by swaggerjacker, Apr 19, 2017.
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Arrange to pay with check on the spot in exchange for those items. That, given that you are paying him what he is considering to be owed by you.
Bean Jr., Chewy352, AtticusRoad and 2 others Thank this. -
rabbiporkchop, FireLotus, Dave_in_AZ and 1 other person Thank this.
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Send him a registered letter that he must sign for. In it state your intentions and a time frame for him to turn in logs and return your items. Tell him when those conditions are met to your satisfaction he will get paid minus your expenses. Also be prepared for unwanted persons on your property.
driverdriver Thanks this. -
Id file theft charges, but I am not a business owner. Good luck which ever way you go.
TequilaSunrise and 207nomad Thank this. -
Follow the employment laws/regulations for your jurisdiction.
In most cases you cannot make deductions from an employee's pay without their prior authorization. You must also process their final pay within a specific time frame. Yes, you can involve law enforcement to retrieve items the ex-employee no longer has the right to be in possession of, but if it is two keys, a fuel card and his logs is it really worth it?
As has been mentioned, that fuel card should have been shut off the second he became an ex-employee.
As has also been suggested, send a registered letter with a demand (best if from your lawyer) for return of all items in the same envelope as his final pay.
Finally, yes you can sue him for any extraordinary charges afterwards, but if you don't follow the law from the start then you severely weaken your position.bottomdumpin, x1Heavy, Dave_in_AZ and 3 others Thank this. -
Would that qualify as a form of abandonment? That would look good to any future employers he may have.
As far as unauthorized deductions for damages, I am not sure as to the legal route to follow unless you had a written policy about witholding expenses from his check. May have to file garnishment against his wages. -
Fuel card was locked immediately. I should have mentioned that.
Thanks for the advice all. -
So, clearly before you fire someone in the future, you should have them turn in their stuff FIRST.
And you should just give the paycheck/a reward for turning them in at this point.
In landlording, it's much easier and cheaper to pay someone to leave than to try to get it afterwards thru the courts (or you can't blood from a turnip applies here too)Bean Jr. Thanks this. -
If he lives locally, tell him to meet you at the Police/Sheriff Station lobby or parking lot, he needs to bring the Company Property, and you will exchange them for his check. If he asks why there, just tell him it is a neutral place to meet and you are trying to resolve it without any issues.
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