Rights of a small Trucking company owner

Discussion in 'Trucker Legal Advice' started by Trkpete, Mar 15, 2018.

  1. Trkpete

    Trkpete Bobtail Member

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    Mar 15, 2018
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    We have a driver who decided to quit, he is demanding we drive the 2 hours one way to pick up the truck. We explained to him that when he returns the truck to us, he will then be given his last paycheck. What are our rights as company owners in this situation?
     
  2. buddyd157

    buddyd157 Road Train Member

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    go get your truck. as it is only as you say, 2 hours away. 4 hours round trip.

    he quit, you do not have to pay him until the normal pay day.

    my state (maybe others) if you fire someone, you have 24 hours to pay them in full.

    i'd try to recoup the costs of shagging the truck by deducting that from his final pay. but that may be dicy.....maybe for the next employee, put that in writing, have him sign it, that if he abandons equipment that causes you costs to recover, he forfeits part or all of his pay. maybe that, will get the next quitter to return the equipment.

    have an attorney go over that document BEFORE you actually present it to a new employee, even your (if any) current ones.

    and if you do not have an attorney.....you're about as screwed as can be in the future.

    also, IF you are a member of DAC, then put that in his report, he abandoned equipment.....i know i would.

    if anyone ever calls for a reference, just "say no" to rehireable....
     
    Last edited: Mar 15, 2018
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  3. Scooter Jones

    Scooter Jones Road Train Member

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    Go get your truck and pay him as scheduled.
     
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  4. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

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    Contact an attorney.
     
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  5. 8thnote

    8thnote Road Train Member

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    Go get the truck and deduct the cost of recovery from his final pay check
     
  6. driverdriver

    driverdriver Road Train Member

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    What did your lawyer say when you called and asked them?
     
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  7. buddyd157

    buddyd157 Road Train Member

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    most likely doesn't have one.

    how anyone can have a business and NOT have an attorney, i dunno.

    i guess all the legal guinnesses are here.
     
  8. kw550cat

    kw550cat Medium Load Member

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    Best bet- go get yur truck and chock it up as the cost of doing business and learn from it. You don’t want him destroying your rig. If the truck is a mess maybe deduct the cost of a detail but consult an attorney for that. Unless stated in a contract or description of job (documented) you may not be able to do that.
     
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  9. hagarcobra

    hagarcobra Medium Load Member

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    What did you do/ not do that made him abandon the truck?
     
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  10. buddyd157

    buddyd157 Road Train Member

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    prolly no taco tuesdays..???
     
    nax Thanks this.
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