Insurance charges for resignation (Canada)

Discussion in 'Canadian Truckers Forum' started by EarlyTerminationCharges, Aug 26, 2019.

  1. SteveScott

    SteveScott Road Train Member

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    Sounds like you're leased on with a company as an OO. Go back and read your contract with them, paying particular attention to any fees they claim they can charge you under the termination clause. If there are no fees mentioned, they're committing fraud. If that's the case, don't bother with a lawyer and call the district attorney's office in the county where his company is based. If there are fees mentioned in the termination clause, you're probably screwed.

    An insurance company and/or a broker cannot keep unused premiums and must refund them to the policy holder.
     
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  3. uncleal13

    uncleal13 Road Train Member

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    You would have to read the contract to see if it's spelled out there. Certainly makes it easier for them to keep the money and harder for you to get it without going to small claims court.
     
  4. EarlyTerminationCharges

    EarlyTerminationCharges Bobtail Member

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    It is indeed in the contract - Upon termination of this agreement, the company will deduct on a pro-rated basis, insurance premiums, permits, licenses and transponders, if the contractor provides service for less than 12 months of the period. Am I out of luck if I signed to agree with those terms?
     
  5. EarlyTerminationCharges

    EarlyTerminationCharges Bobtail Member

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    Aug 26, 2019
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    It is indeed in the contract - Upon termination of this agreement, the company will deduct on a pro-rated basis, insurance premiums, permits, licenses and transponders, if the contractor provides service for less than 12 months of the period. Am I out of luck if I signed to agree with those terms?
     
    uncleal13 Thanks this.
  6. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    If it’s in the contract, you might be out of gas. I forget when you lease, they don’t charged you that big down payment when you start an insurance policy. They breakdown the whole term policy in payments. So you might be in the negative which the lessor will want to recover. This is just a guess since I have never leased to anyone.
     
  7. SteveScott

    SteveScott Road Train Member

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    You may have a loophole with the wording stated as "insurance premiums", and indeed a good attorney may be needed to clear this up. The burden of proof is on them to show exactly what insurance premiums they must pay on your behalf for the early termination. Just coming up with a random dollar amount seems pretty odd.
     
    Diesel Dave Thanks this.
  8. buddyd157

    buddyd157 Road Train Member

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    you will pay for the time you were there...like you said...2 months....that's what pro-rated means, you pay for the time, not all of it..

    in the future, take the paperwork to a lawyer and have him explain things to you, BEFORE you sign...
     
  9. xsetra

    xsetra Road Train Member

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    Most insurance policies charge by the month, not year.
    You should only be charged for the time on the company list. Per month.
    I would think the apportioned plates you would be liable for. Maybe any annual permits or quarterly permits. (Oversize,overweight)
     
  10. Bumpty

    Bumpty Bobtail Member

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    Are you in Ontario?
    If you are, you are not considered a true Independant contractor but a dependant contractor. Which means that you may be able to use the labor board to recover your money. Before you go get a lawyers advice, call the labor board. Then if they can't help you,get a lawyer involved. The only issue with this situation is that your lawyer may cost more than the money the ex company is withholding. Sometimes a sternly worded letter from a lawyer can resolve the issue.

    Also, if you have NOT signed a confidentiality agreement I would threaten the company with what amounts to a "I'll make this company my personal hobby" social media threat where no one will come work here and is it "really worth what you'll lose" in turn.

    Go after them and call them on this BS.
     
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