need help load abandonment!

Discussion in 'Questions From New Drivers' started by jpetrossi88, Apr 10, 2013.

  1. BigX72

    BigX72 Light Load Member

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    Just finish it out until you are done with this load. You'll never get hired, you might as well just say good bye to this industry if they put that on your recored.
     
  2. jpetrossi88

    jpetrossi88 Bobtail Member

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    I am not trying to risk anything. That is why I posted on here in the first place to find out and get some advice from people who have been doing this for awhile. That way I can make a. Informed decision.
     
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  3. otherhalftw

    otherhalftw R.I.P.

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    TripleSix....sorry but you're wrong....it would not be abandonment. The only thing the current employer could even contemplate doing (legally) is stating the truth...."driver (student) quit"...since the load is still moving, and under power, the load is not in any margin "abandoned". If confused, seek the definition of the word "abandon"....nah let me help:

    Please note the highlighted part, #5b....this OP did not "abandon" the load, he "abandoned" the job. Arguable and winnable in court should he sue for slander if company does report anything beyond the truth of the circumstances. He is a student, not a driver in charge!
     
  4. TripleSix

    TripleSix God of Roads

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    Sorry amigo, but youre going to have to get a stronger argument than the one you have with dictionary definitions. Was he responsible in any way LEGALLY for that load? Was he authorized by the trucking company under contract to move that load and to receive monetary compensation? I'm no expert at law, but was he under dispatch? If yes, then thats load abandonment. If not, then he's home free.
     
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  5. SAMMY6969

    SAMMY6969 Medium Load Member

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    Look..if u want to stay in trucking..tough it out...ask for new trainer,if thats the problem..u r a student...if u quit a company will not want to invest tym with u.cause u quit once befor...this part sucks ###..if u feel u hv to figure this out on your own..u shouldent ask for help..truckers here r trying to help..just suck it up..
     
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  6. otherhalftw

    otherhalftw R.I.P.

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    The argument BEGINS with defining the "terms" of the agreement. So to that context, the word "abandonment" was brought into the discussion right off the bat. You have the definition of the root word...."abandon".....the equivalence of the definition to the situation is precise.

    No...he is student driver, a driver in training. His trainer is the one LEGALLY RESPONSIBLE, along with the company who used the trainer as their representative to accept the freight on their behalf. The company also maintains the bond, the insurance, and the license and permits and authority to transport the freight. Not the STUDENT!

    Those points would be considered under what contract, or agreement, and within the boundaries of said contract/agreement to what level of authority a STUDENT would have with regard to the Company's contractual agreement with the broker or the shipper of the freight. I highly doubt the STUDENT would have any legal authority to create any contractual agreement. As to the "monetary compensation"....with this statement you are comparing apples and oranges. The compensation package for an employee/student is between the employer and the employee, or the contractor (driver) and the Company. Payroll compensation to a STUDENT would have nothing to do with this argument on authority or responsibility.

    NO...HE was not under dispatch. HE was/is a STUDENT, with no authority to do anything except learn to operate the vehicle, the equipment, the method of operation, and the policies and procedures of said company. The truck/trailer and the load are dispatched, with the trainer in charge, and the trainer is given a limited amount of authority to accept and deliver freight for this company, also, in this case, to teach/train new employees.


    My closing argument:

    Ladies and Gentlemen of the jury....the answer to all the above is and was NO! With the aforementioned facts, definitions, and explanations...you have no other choice...send him "home free"!

    If the glove don't fit, then you can't convict! Hmmmm....where have I heard that line before?:biggrin_25514:
     
  7. FloTheWaitress

    FloTheWaitress Crusty Go Go

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    *refills her coffee*
     
    LaBubba, Pmracing and crb Thank this.
  8. sdaniel

    sdaniel Road Train Member

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    Then OJ asks judge Otio if he can get his gloves back.
     
    mslashbar and otherhalftw Thank this.
  9. otherhalftw

    otherhalftw R.I.P.

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    I don't think he needs them any more.....that Vegas desert....or is he up around Carson City?:biggrin_2559:
     
  10. Cranky Yankee

    Cranky Yankee Cranky old ######

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    it might even help if we knew why you wanted off the truck

    refills the peacocks mug