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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6801
Experience:  Significant experience in all areas of employment law.
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I am a transportation broker. I sent two owner operators to

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I am a transportation broker. I sent two owner operators to the same shipper, The drivers need a ten digit number to pick up the load. One of the drivers picked up the others load and the second one called me really mad about the mix up. I told him not to worry just to pick up the other number. He refused to pick up the other number and wanted me to call the shipper to unload the first driver and re load him with the proper pick up number. I asked why was he being so selfish if the loads were only 35 miles apart in which is was going to pay him more. He hanged up the phone and the shipper called to advice that the second driver left the property.
I haven't heard from him, although I did receive a bill from him for a truck order not used. The load he was going to do was paying him $ 225.00 and he sent me a bill for $ 250.00.
For the company that I work for they pay us $150.00 on truck order not used, if they can NOT replace that load with another.
* Do I have to pay this driver a truck order not used? (There was the other load)
* And How is it possible for him to want a truck order not used that excised s the amount of the load?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question.

Am I correct in assuming that these drivers are independent contractors? Also, what is this driver's justification for demanding more than $225?

I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
Yes, he is an independent contractor
Customer: replied 1 year ago.
On the invoice he sent me were the total is the he put $225.00 Cancelled load fee. After he hanged up I tried calling him back up to ask him if he was going to pick up the other load or not, My calls were going directly to his voice mail. I found out from the shipper that he had left. There was a difference in mileage just like there was a difference in price also. I feel as if I was not able to provide him with a different load to replace the other load that the other driver picked up by mistake (and I don't understand how if the ten digit number has 4 of the ten numbers totally different) I completely understand for the waste of fuel and time, but I had the other load there too, both in the same direction just one out further about 30 miles
Expert:  Patrick, Esq. replied 1 year ago.
Gilbert,

Thank you very much for your reply and please accept my apologies for the delay in providing my answer, but I had retired for the evening before I saw your posts.

Since this individual is an independent contractor, any dispute arising from his employment will be governed by principles of contract law.

Unless you had agreed upon in advance a set "cancelled load fee" to be charged in instances where you cancel a load, this driver cannot simply "invent" a $225 charge and demand that you pay it if you cancel a load.

The driver would be entitled to his actual damages--no more and no less. However, all individuals have a legal obligation to mitigate their damages, meaning to take reasonable steps to make their damages as small as possible.

Your driver had the chance to mitigate his damages by taking the other load, as the other load was only 35 miles away. Because he did not mitigate his damages, he is legally barred from claiming damages beyond what he would have incurred if he went slightly out of his way and picked up the other load.

Thus, a driver in this circumstance (absent a specific written agreement which specifies a penalty for cancelled loads) would be entitled to his actual damages but must MITIGATE his damages and will not be entitled to damages beyond what he could have avoided through reasonable efforts. So, all the driver in a circumstance such as this would be entitled to is the additional cost of picking up the other load, plus any other cost for the added time it takes to get there--this would fall well short of the amount he is demanding. The law would not require an employer in your circumstance to provide any more than this.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Satisfied Customers: 6801
Experience: Significant experience in all areas of employment law.
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