Is it legal??

Discussion in 'Experienced Truckers' Advice' started by Soundx3Soljah, Mar 9, 2020.

  1. CousinVinny

    CousinVinny Medium Load Member

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    What OP described is by definition 'Extortion' in the State of California.

     
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  3. scott180

    scott180 Road Train Member

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    Just what I was thinking.

    Congratulations!!!

    They just tried to extort him. Please tell me he recorded the call. Try to do everything by email or text so he has a record. Call the police to get him for extortion and lawyer up to sue the SOB. Go after him hard. Remember if he is doing this to a new young driver than how many others have they done this too.
     
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  4. Moose1958

    Moose1958 Road Train Member

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    At the risk of sounding like an (redacted), this story is 2nd handed. We DO NOT know what the extent of the damage done, and we don't know for sure that a video is all the carrier has. We DO NOT know the tone of the conversation as it might have just been an offer to drop it all for paying the deductible on the insurance. The driver needs to stay quiet and go hire an attorney. Save as much evidence as possible, and get photos of everything!

    I am not an attorney, I do know some and have an Attorney that helps me. To a person, their largest complaint about these situations is people that develop diarrhea of the mouth and hit social media. All of this can come back to bite you.
     
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  5. Soundx3Soljah

    Soundx3Soljah Light Load Member

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    understood. The honest truth is that I’m just concerned that my cousin who is a 23 year-old father of two small children is being taken advantage of by an unscrupulous company. Even if they did have video, the correct protocol would have been to fire him immediately and file with insurance Given that he’s a company driver and works for said company. I feel he’s being screwed over and my initial reaction was to ask for help and advice. Seeing as this may be more serious than I initially thought hiring an attorney isn’t a bad idea. But ultimately it’s his decision not mine and I appreciate all the advice I’ve gotten here
     
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  6. Rideandrepair

    Rideandrepair Road Train Member

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    Private property, no ticket. It’s a civil case. The company is obviously trying to rip him off. It boils down to them keeping his last settlement check. They’re trying to scare him out of challenging them. He’s the one who is going to have a case to file. It will be for the money owed. Even a video probably can’t prove it’s him Driving. Again that claim would be a civil case filed by Company against him. The whole thing smells funny. Don’t be fooled by Companies that try to bully you, into sacrificing your earned pay. That’s all this is. There’s no case at all. The only case will be the one filed to collect pay. First call should be to Labor Board. Next is to demand pay, and let them know, you’ve already been in contact with the Labor Board, and a case worker is very interested in all the details.
     
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  7. Lab work

    Lab work Medium Load Member

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    Seems like nothing but scare tactics.
    Can you keep updating any progress as it happens? You actually did this company justice by not mentioning any name. But that can change.
     
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  8. Soundx3Soljah

    Soundx3Soljah Light Load Member

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    I really hope you’re right. There’s so much conflicting advice online through legal websites That I can’t pinpoint down what’s real and what’s not. So far what I’ve been able to figure out is that if you intentionally enter someone’s property and intentionally destroy it then you can be prosecuted criminally. In the case of my cousin it sounds like a grey area because he was a driver for the company and didn’t do anything intentionally or with malice. As far as we are concerned he did nothing at all but playing devils advocate that’s what I found.
     
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  9. Soundx3Soljah

    Soundx3Soljah Light Load Member

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    As of today he is still employed. Will update as soon as I know more
     
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  10. Lab work

    Lab work Medium Load Member

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    Another thing to consider is what they might do to his MVR and employment record. Not sure how it works but I think someone here knows. They might say they would not consider re hiring. I see some in here say this is important when searching for a better opportunity.
     
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  11. Soundx3Soljah

    Soundx3Soljah Light Load Member

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    The threat is that a hit-and-run carries a minimum one year CDL suspension as well as possible probation. I highly doubt some foreign sleazeball trucking company manager is a law expert but this is what they told him
     
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