I have a situation that will be boiling over by tomorrow; maybe by tonight. I consulted with an attorney today, but was really displeased with his advice.
I admit that I made a few mistakes with this guy, but need to now make sure that I have an exit strategy and don't get mired in an unresolvable conflict. ( I couldn't resist... sorry
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He's an OTR truck driver for my company.
There are actually 3 issues tangled together here:
Start of issue #1
This applicant was referred to me by the state employment office / job service, and came to me explaining how he was not making enough money with his current employer and that Christmas was coming up, etc. Unfortunately, he is an ex con (felony) and my business requires travel to Canada. The job flyer that he was given at job service even clearly stated "MUST BE ELIGIBLE FOR TRAVEL INTO CANADA". I told him that I would like to help him out, but that he would need a travel permit (called a Criminal Rehabilitation permit), and that the agency we use to handle this charges $750. He told me he was broke and couldn't afford it.
I offered to him that if he really wanted the job, I would advance him the money for the permit and he could pay me back with deductions from his first 4 paychecks. He agreed. He even signed an approval for the deductions. The word deductions is plural because on day one of his job, he explained that he didn't have any day-to-day money for being on the road, and I advanced him $500 cash. This was also on the approval sheet.
Start of issue #2
Oh 12/13, he dropped a load in Reidsville, NC - then decided he was going to come home. An unapproved 212 mile deviation. I discovered the truck was out-of-route (it has a satallite tracker!) at around 93 miles and phoned to let him know he was busted. He claimed that he missed his exit. (by 93 miles??)
Start of issue #3
The same day he was busted out of route, he decides that "since you hired me, knowing I am an ex-con, then YOU should be the one paying the $750"
On 12/15, he phones me up and starts complaining about the deduction on his paycheck, and how I have ruined Christmas for his 3 kids. He tells me that if I had kids, that I "wouldn't do people like that." He also tells me that I'm breaking some sort of Federal law, and that he's going to see an attorney.
On 12/16 he dropped a load in Atlanta. It was Saturday, and at night, so I was not in the office to check tracking data periodically. Monday morning I found out the truck was sitting in Greenville, unloaded, and had been since Sunday. Around 150 miles of unapproved travel. I called him and told him to bring the truck to the office. I intended to fire him then and there, but he said that the dispatchers had authorized the trip. Now I had to have all the communications records pulled (all coms are recorded) and reviewed for that day - which takes time. I sent him on with the truck and told dispatch to find him a load asap.
A few hours later, they found him a load.
I came in on Tuesday and found that he had REFUSED the load!!!
(I guess he had to meet with the arrorney that day...
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On Wednesday, I received my fuel card statement. On it I was surprised to see that in addition to fuel, he has been taking $20 and $40 at a time from the ATM for himself.
Also on Wednesday, I get the communication report. Nobody approved the trip to Greenville. The tape has him
telling the dispatcher that he is going to Greenville.
Wednesday night, he phones me and starts raising t-total hell about that $750 again. This time, he went to great lenghts to provoke me into an argument, using coarse language and shouting a lot. He again went to his story about me breaking a federal law, and asked if I was planning to stop the deduction. I said no... and I head him say aside from the phone to somebody else, "did you hear that?". Then, "Good, I got me a witness."
Now it's Thursday, and I've had enough. It's going to cost me a chunk of change to have him deadhead from Memphis to Greenville, but I told him to have the truck at the shop by midnight. (00:01 starts a new payday)
Summary and questions are in the next message.....