What would you have done?

It sounds like you did your part as the boss, what a lost opportunity for this driver.
If he got orientation that told him all the rules, clearly, then he just didnt care and should be gone.
Be careful on the negative comments during the VOE call, there is lawers out there who love this kind of case too - I think your only allowed to say re-hirable or not. Sounds like this guy will make his own bed anyway - or learn from his mistakes.

 

I've been in similar situations as the O.P. over the years. Your natural initial thoughts and intentions are driven by pure emotion based on facts that are at best one sided. In the case described I can easily envision myself being on the yard when the truck pulled in and quite literally opening the drivers door and yanking the driver out while yelling 'YOU'RE FIRED!'. In any business you simply can't have the tail wagging the dog. But the real first question should be "Why?" It's possible that the driver had a reason for his actions that he felt justified them in some way, and that the op's person might even understand. Possible, not likely, but in reality the driver should be heard at the very least. That's a lesson I learned the hard way... It's also possible that very driver could be molded into the best driver anyone ever had. Possible... It all depends upon the individuals involved and really how things go during the first encounter after the incident. Obviously yanking someone out of a truck isn't going to make for a calm and rational conversation that could end in a positive resolution for both parties. *lol*

I agree with those that have said taking the cost of fuel out of his pay may have been a mistake. In many states there are laws preventing anything being deducted without the employees written consent, then it could be argued by an attorney that if the driver abandoned the truck you would have still had to pay for the fuel to get the truck back. I don't know, that part, should the ex employee decide to pursue it could get sticky.

On the issue of the DAC report, etc. When I got out of the trucking industry DAC was a fairly new thing and in my situation the safety department was the ones solely using it and responsible for it, I have no real first hand knowledge of it's workings and what it can and can't do. I have been advised many times though that when someone calls and asks for a reference on a former employee you have to be very, very careful of what you say and the info you provide them. In fact, in my recent experiences many past employers would only furnish me with employment history and I have been advised to do the same thing. To many folks ready and willing to sue you over anything and everything. So it becomes a matter of limiting your exposer to it.

 

You only have to be in ONE lawsuit withsomeone who is MAD, and working from ANGER to realize that NO ONE WINS BUT THE ATTORNEYS.

My philosophy now is to look at the situation from the standpoint of recovery, not vengance. I do alot better for myself when I keep my emotions out of it.

 

Hey black, have I ever mentioned that I like the way you think?

To the OP, I think you were right to bring him home and fire him. But like others have mentioned, you may have let yourself hang out in deducting his mileage from his pay check. UNLESS you have a standing policy, in writing, that "personal mileage will be deducted from your pay." If you have that, then you should be in the clear.

And I agree with what others have told you about references. Give his dates of employment only, and whether he is rehire-able or not. Anything else could cause you a problem.

 

He misappropriated company equipment at a minimum. Based on what you have posted here, I would have done the same thing you did. Fired him.

I'm not a lawyer, so I don't know if you had the legal right to withhold the cost of the fuel from his last paycheck. You stated that you paid TA to fix the A/C. Did he leave before they got it done?

 

Yeah, there are some things that you can live with, with just a bit of "corrective action." But I think this went WAY beyond that.

 

What goes around, comes around. It would be best to just fire the guy and let it go.

 

And leave an unmanned truck sitting in the yard? I wouldn't call that a good business decision. The OP runs a small company and probably can't afford to have a truck just sitting there while a driver is sitting in a "timeout corner".