The switch up

Discussion in 'Ask An Owner Operator' started by cmf, Dec 30, 2022.

  1. Long FLD

    Long FLD Road Train Member

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    How is it theft when the money was available to him on the fuel card? It’s not a good situation but the employer has to bear some of the responsibility for not having cash advances shut off to start with.
     
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  3. Judge

    Judge Road Train Member

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    If a person has intended to deprive the owner of their property indefinitely and without permission, the act is considered theft. If there was no intention, or if the court has any doubt that there was intent, the act cannot be classified as theft. This is why borrowing is different from stealing.
     
  4. Long FLD

    Long FLD Road Train Member

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    Technically he’s working and is owed wages. Maybe he’s been burned in the past so now his plan was to draw advances instead of waiting for a check. Nobody knows what his motives are, but if he would’ve taken exactly what his wages are for the load then would the OP be complaining? And we don’t know how the conversation started out either. OP could’ve jumped down his throat and the employee said screw you I want paid every day. We’re only getting one side here and if advances are an issue then turn them off.
     
  5. cmf

    cmf Bobtail Member

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    Theft is theft and is not what the law gonna say. The money was never his to take to begin with it’s theft
     
  6. cmf

    cmf Bobtail Member

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    We agreed on a percentage weekly. Once he picked up load he begin to change his fee and demanded to be paid everyday or he will ditch the truck on active load. Again yesterday was his first day working for our company. Even have him a advance before he picked up load. He’s been extorting for money ever since and demanded to be paid before load is picked up , bad business
     
  7. TheLoadOut

    TheLoadOut Road Train Member

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    Did you have a plan before coming here for advice? How were you/are you going to handle this now that you've got some good advice? Is he going down the road right now? Parked somewhere? Are you tracking the truck?
     
  8. Concorde

    Concorde Road Train Member

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    It’s common practice in this industry for drivers to take cash advances off their issued fuel card.

    Claiming theft is kind of weak imo..especially since the option was left open on the account.

    How is it addressed in your company policy that you give your driver’s?
     
  9. cmf

    cmf Bobtail Member

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    absolutely!! He’s parked and will be headed to delivery tomorrow. I’m tracking. As it get closer and back on road will put out an Bolo on the truck and meet at shipper to shut this down. With a back up driver with me. I’m driving 3 hours away
     
  10. cmf

    cmf Bobtail Member

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    Taking cash advance from a gas card was never an option. He asked for an advance before he got on the road and I gave him cash , there was no reason take money
     
  11. Concorde

    Concorde Road Train Member

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    You let him take more..you left the option open.
     
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