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-   -   Does a trucking company have the right to hold your last check for a towing? (Alabama? (http://www.AttorneyEye.com/legal-attorney/18347-does-trucking-company-have-right-hold-your-last-check-towing-alabama.html)

JRGRISWOLD 03-22-2013 10:05 AM

Does a trucking company have the right to hold your last check for a towing? (Alabama?
 
I took a random drug test, and kept driving as instructed, then 2 weeks later the test came back positive for marijuana. And I was a thousand miles from home. A man came and took the truck since it was running. I was left stranded to find my own way home,I got home and they say that I have to pay for them to go and get their own truck at a towing rate of $3 a mile which would be considerably more than my check! help please.

Poppy 03-22-2013 10:05 AM

Does a trucking company have the right to hold your last check for a towing? (Alabama?
 
I 'm not sure on the legality of them holding that check for the tow bill. But I can say, dumb move on you pissing positive on marijuana. You have dinked your job history and messed up a good life. Consult a lawyer for your answer.

Ryan 03-22-2013 10:05 AM

Does a trucking company have the right to hold your last check for a towing? (Alabama?
 
No. if you are a company driver and didn't lease the truck then you shouldn't pay for anything. This makes no sence why they would tow your truck. ive never heard any company doing that over a failed drug test.

Jared 03-22-2013 10:05 AM

Does a trucking company have the right to hold your last check for a towing? (Alabama?
 
It depends on the contractual agreement(s) you entered upon being hired -- If the company has specifically stated these items then it can certainly be legal.

Otherwise,.. if not stated upon hire, then no.. it is not legal. They can hold you accountable/responsible for the cost of re-acquiring their property due to the failed drug test as there would reasonable suspicion that you were no longer legally able to drive the truck, even back to them.

That said, if not stated prior -- they are legally bound to pay you any prior monies owed for your work/services to the business/company. THEN, as a separate matter they can require you pay costs incurred on repossession of their property (truck).

So the legality of this , if handled properly, would have cost you more money as you admit.

It may be in your best interest to leave this alone due to this matter. Otherwise, it will cost you money to fight this in court and the ultimate likely disposition would be a return of the money (your paycheck) and then an order to pay restitution to the company for the costs incurred for repossession. Thus you have court costs + attorney costs + whatever the court deems is appropriate for restitution for the companies repossession costs.

You have to pick your battles.. the only real reason to bring this into court would be on principle -- with a failed drug test your not in the best position in front of a presiding judge or jury.

I would research the companies official stated policies through documentation you received upon hire, and any other policies you can find online through their website, and through the HR department etc.

If they are not a well run company and have not taken the proper liable measures to protect themselves legally from an incident like this then what they have done may very well be deemed illegal in a civil court.

This is a decision you can make on your own after weighing said factors, or by consulting with an attorney.

Take care,


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