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An employee who has been driving our truck and will not

An employee who has...

An employee who has been driving our truck and will not return it. He was recently terminated and we have requested the truck to be returned as now he no longer has permission to use it. Would prefer to s/w someone on the phone instead of this chat. too long to type. I am Debra Nollette at 48-603-8115.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

We are a small construction company and my office manager and I are the HR. We have not spoken to any atty at this time.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union. Do not know what an "at will" employee is.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This employ was to purchase the truck to us but has only paid $1211 towards the deposit we paid on the truck and only $100 towards the $400/mo pament and we are paying for the insurance. Truck and loan are in my husbands name. We have drafted an agreement that stated he would pay back the down in installments and pay the every other week truck payment installments. This agreement was notarized stating if did not follow through on the payments etc that he would have to return the truck if he quit, terminated and could not pay for the truck in full. This he did sign. He was terminated within 90 days of employment for lateness, job performance and lacking skills needed to perform the work required. My husband was trying to assist this person who was down on his luck.

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Answered in 4 minutes by:
3/15/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,847
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The reason why the police may not get involved is because there is an agreement to purchase the truck, he did not actually take the truck and refuse to return it. However, your first step is to call the police and report the truck stolen based on the contract ending when he ended his employment with you and it states the truck had to be returned. If the police will not handle this as a unauthorized use or theft case, then your next step is you file a Complaint for Replevin and Breach of Contract in the local court. Repevin is the name of the suit where you ask the court to force him to return your property and the court will order the sheriff to go pick up the truck and return it to you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,847
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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Customer reply replied 4 months ago
that is the correct phone #. Looking forward to the call. do I pay for this now?
It looks like someone accepted your call
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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