FAIR opinion for OWNER OPERATORS ONLY

You can legally withhold his final payment for 6 weeks and until he returns all company equipment which includes base plates (if you supplied them), signage, etc., People tend to be a little more "cooperative" when they have skin in the game.

 

Well i'd like to know why he just left to go home. I mean if it was a family emergency i might give some slack, but short of someone in the hopital that is unacceptable behavior. even with an emergancy, he should still let you know the situation and do his best to help you get the load covered. He is representing your company and he molds your company image. Is he someone you want molding your image to customers? i dont care what the rate is, if he accept a load he better get it there. If he just goes home becuase he feels like it, without planning home time he is gonna hurt your reputation.

 

First of all I can't believe he screwed you over twice when he has an excellent carrier that gets him such great paying loads all the time.
Second, if you are in need of a good reliable O/O, PLEASE let me know! I'm not that far from you.

 

Your employees represent your company, they can make you look like the greatest company or the worst in some eyes (the broker, shippers) If you have been fair to this guy and it sounds like you have been, kick him to the curb after what he did not once but twice and move forward, there are tons of great drivers out there with a great head on their shoulders and will respect a company that respects them.

 

I would call and tell him. IF trailer is not returned in xxx many hours/days. You will call the police and report trailer stolen. That is if you feel he deserves the warning. IF not just report trailer stolen.
You owe him nothing. This being the second time he broke a verbal contract with you.
Good luck.

 

After first time, only hired him back if husband trained him.

 

If you want your trailer back, you're going to have to go get it.

If it's open deck you might be able to get a flatbedder to drop their trailer at a nearby crane site, go grab your trailer, bring it back to the crane yard, and load it onto their trailer and bring it back if you set up the crane appointments for them (don't forget the unload crane). Another option is to get a power only hauler to grab it for you and drag it down to your yard. Either way, it should move pretty fast at $3+ a mile.

 

You might send him a letter stating that unless your property is returned by a certain date that he will be responsible for all recovery costs and could be criminally charged for holding your trailer. I would also inform him that should the trailer not be returned in the same condition as when he picked it up that he could also be either charged with vandalism or be forced to pay for it to be brought back to the same condition as when he received it. He has already made statements about damaging it. I would file charges against him for vandalism if the it is returned damaged. By following through it would also send a message to others who might be considering doing the same thing. These are issues which should be addressed in any contract that you sign with owner operators. One reason most carriers who lease to owner operators wait 6 weeks to send the final settlement to the owner operator is so that the carrier can make certain to receive their property back. You don't want an owner operator running around with your signage on his truck. Doing so could put you and your company in danger of litigation, should he become involved in an accident.