Driver messed up. He or she should pay the damages.
Not say not my problem..
They messed up pay for your screw up
The Company is asking the driver to pay for damaged load
Discussion in 'Questions From New Drivers' started by newtrucker1, Nov 17, 2010.
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It depends on the state, but yes the company can hold the driver liable for damage to equipment, product, etc.. It depends on the situation, but they can make you pay the deductible for the insurance or the entire load/equipment. They DO NOT have to take legal action, they can give you a choice, you pay for it or your fired and we keep your final check as compensation.
For those who say companies can't do it, it's a state by state issue and IIRC 30 states allow companies to do it without legal action, the others may require legal action. -
Agreed , pay deductible ($1000 to $2500 ) or lose job. What happened ????? Did you really not read bill or talk to anyone about temp????
I humped pups of Baskin Robbins for a couple of years...they were asinine about the unit being at zero on their probe through the peek a boo. No zero at appointment time, no load and I mean not one above or one below....ZERO!
Man up or move on....sorry bud....... -
He would be responsible if it is in the terms of employment he was given when hired, or if he is a leased O/O and it is in his contract.
Otherwise it would not be legal in any state to take the money from his pay.
You can argue state laws all you want, but a company cannot deduct money from an employees pay without their consent.
On the insurance thing, my company is 100% self insured for cargo. They do not pay anyone for it.112racing Thanks this. -
Agreed Chrome Dome however I don't see where he has a choice. The co. is holding him responsible and has some of his money so if they say you pay...you pay. His recourse is a lawyer after the fact.
Once again though, don't pay, or ##### too loud or engage lawyer and they will likely can him. What is the cost of the win or your point? -
I'm with Rollover on this one. Fed up with the "I just drive" crowd, way too many of them around these days. We get one every once in awhile but they don't last very long. Alot of our chemicals are extremely temperature/moisture sensitive and it's up to us to watch them close. Only excuse is equipment failure of a kind the driver can't reasonably detect.
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I never drove a reefer , but I trained on it and I played with one and I have to say... if the correct temp was known and stated, and I am sure it was, and the driver decided through ignorance or apathy to not ensure it was kept at that temp I do hope he gets fired.
If it were a machine failure, then well that's company issue in most cases. But seriously, if the driver stupidly didn't set temp/check temp... really? Are we supposed to feel sorry. It would sort of be like a flatbed driver not putting on/checking straps. Granted its not as dangerous as that is, but if a load is supposed to be at a certain temp there is a reason, I for one don't want to get sick because some driver decided to not have temp set right till right before he delivered, but I bet it happens daily. -
Unless they signed something during their term of employment, that they would pay for such actions. Legally, they can not withhold their pay. Doing so, jeopardizes the company into maybe paying 2-3x the amount owed to the driver. That's if they got a lawyer involved. I personally know this for a fact. Not from this type of situation, but from a employer shorting employee wages due to government contracts. That stipulate, you must pay a certain wage amount. The state that it was involved in, required back pay 3 times the amount.
The best they could do is fire them and ding their DAC. Personally, I would sign up for DAC and ding'em for this. So it would follow that driver. Their is no excuse for this. I've picked up reefer trailers before and had trouble. You have to react and let the company know asap. Sometimes it can be fixed on the spot, sometimes they make you take the load to a cold storage place.
The last company I worked for, I had to sign a responsibility waiver. If I was in a wreck and determined to be my fault, I had to pay for half of the deductible.Last edited: Nov 20, 2010
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Any company that runs without cargo insurance is getting what they deserve... while I agree the driver should be responsible it's not practical (or legal) to hit him up for the damage.
Fire the guy and let him move on.... -
Let the company pay it. Maybe they'll go under this way and we won't have to deal with lowlife cutrate companies like this! Sorry but they didn't even have insurance on the load.
I personally believe both parties are at fault. The driver is obviously and idiot but yet the company hired him.Paddington Thanks this.
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