Question for anyone who can answer.

I posted about 1 week ago on the ask an o/o and I have another question that is about the same problem. my husband has 2 trucks, and we had to fire our driver on friday because of his disrespect . when we hired him, we did have a contract that he signed, today husband got a text message from driver telling him truck would not be brought back to Denver, until he gets his pay. Contract says no truck will be returned first and then pay will be taken care of as long as no damage to truck. I already know that if he does not return truck, we can get him for abandonment on his dac, but can we also get him for theft??

Sally

 

That's a tough one, you definetly should get a lawyer. Next time try to lure the driver back to the yard before firing them. Dont let them know your plans until you get the truck back in your hands.

 

tjacks

yeah, that's a lawyer thing. My knee-jerk (emphasis on jerk) thought is "yes" - willful deprivation of your property, etc.

Need somebody to go get the rig? (broad hint)

 

I smell a new show in the vein of "Ice Road truckers", "Most Dangerous Jobs" and "Dog the Bounty Hunter": "Rig Repo"





I get to be Executive Producer because they don't have to know anything, or do anything except cash their big, fat cheques.

 

LOL

Actually, the producer (including the executive) is responsible for coming up with the money for the show/movie. Hunting up sponsors and the like..

 

He does not work for you, he has your truck, refuses to return it = Grand Larceny.

However, if he does not work for you, then he is not legeally able to bring the truck back, as he would not be covered under insurance since the termination.

Never fire someone on the road unless you are able to get them away from your truck immediately, and you are willing to go get it. It may cost a little more to get him back home, but it is much cheaper than what you are going through.

You stand a good chance of getting the truck back with no fuel, slick tires that have replaced the good ones that were sold, and anything else of value gone. I have seen this happen many times before.

You were paying him too well and giving him too much leeway for the amount of experience he had. Been there, done that, lost money.

 

Lurchgs,
we have a company that will go pick up the truck for us. But you are in the right area, since truck will be going back to denver.

lostnfound,
good idea on the new show. Rig Repo, I am sure a lot of people would watch that.

Stranger,
Thanks for the advise. His last pay check is on the line and trust me he is money hungry. He is still covered by our insurance, until we tell them otherwise, they would rather have the vehicle back.

So is our contract that is signed by husband , driver and myself no good??
I put in there that if driver quit or was terminated he would have 1 week to return truck to Denver.

Thanks guys
Sally

 

No matter what your contractual agreement states a driver has the right to withhold your vehicle to ensure payment if over a certain amount (I can't remember the amount), depending on what else your contractual agreement is with this individual. Federal Labor Law from the U.S. Dept. of Labor states employees/contractors must be paid first.

Your only other shot is go the the truck location and talk to the police. Sometimes they can escort you to get the vehicle (assuming you know the exact location).

From a retired federal DOT officer

 

well we do know the exact location it is sitting at his house. Just does not seem fair or right that he can hold a vehicle worth that much for less than 1500.00 in pay.

 

Well hate to tell you but in Colorado you have 24 hours from the time that you fire / terminate the person to pay them in full.

He may be ok with holding your truck for payment and not risk getting in trouble as he is holding your truck via mechanics lien. He worked for you and you refuse to pay in his eye's.

It now becomes a civil matter no police officer can get involved belive me I tried to have them involved on a couple of repos they told me no you are leaving here with out anything but as soon as turn the corner go get the vehicle.

If you would give me and lurchgs the key I garantee you that the truck will be in denver Monday depending on were it is sitting right now.

Ido not take any stuff from anyone during a repo I get it or I get it no if's and's or but's.

It would also be alot cheaper for us to do it than your other guys.

I have repo'd alot of stuff and a truck would not that hard either.

I would go in the middle of the night start the truck up and go down the road to let it warm up if you let it idle down the street it would not hurt the truck.
I have done deisel pickups that way.