Complaint Review: GDS ExpressInc

I am a truck driver for GDS Express,Inc. They are an OTR trucking company located in Akron,OH. I live in Tulsa,OK.About 3 weeks ago,I informed my company of my intent to quit. At that time I had the company tractor that was issued to me by the company and a loaded trailer that held product due to be delivered in CA. I was at home in Tulsa,OK.

I informed my company that I would go ahead and deliver my load to the customer in CA,and expressed hope that my dispatcher could find me a reload going to OH, so that I could return my company tractor to the company yard,after my delivery to the customer.My dispatcher said that would be fine.

After delivery in CA,I was reloaded in CA with a load going to OH.I delivered my load to the customer in OH, and then returned the company tractor to my company's terminal yard.I then took a bus home.
When my final paycheck arrived at my house approx. 1 week later,I discovered that GDS Express had witheld my entire amount of approx. $1350.00, to recover damages incurred in a minor fender bender that occurred between myself while driving the company tractor,and a private vehicle,in San Francisco,CA, approx. 2 months earlier.

This accident that had occurred earlier was not my fault,not that that matters,and I had stated such to the safety director at GDS Express,at the time.I had not heard from him or anyone else concerning this matter,until my final paycheck arrived at my house,and my discovery that my check had garnished in this way.

As I said before,the liability of the accident is of no matter,because my understanding,and more importantly, the understanding of my attorney that I have consulted,that wages can not be witheld from an employees paycheck to pay for damages incurred,either through the negligence of said employee,or the negligence of a second party,while an employee is on duty.

I mean,the company can terminate the employee,if they want to,but can not make the employee pay for damages. That is illegal.

Richard
Tulsa, Oklahoma