I have been threatened a couple of times in the past that my boss was going to report the truck i was driving stolen. I understood that because i still have keys that were issued to me to operate truck that i was still an employee and can not report truck stolen?
He can do whatever he wants. Whether he should, for his sake and yours, is another matter. If he makes a false report, that is a criminal offense. If the truck was stolen while in your care and custody, then he - should - make such a report. That doesn't mean you did anything wrong, but you will still be questioned about it at minimum, perhaps even arrested, if they think it was an inside job.
If you aren't making the deliveries on time and promptly surrendering the truck to the company when the job is over . . . it . . . kinda sounds like you are maybe using their truck to make your own deals. That would be a form of theft - unauthorized use of a motor vehicle. Not quite GT-A, but close. A felony in any event.
If the boss is just getting on you for whatever reason, petty or serious, valid or invalid by making threats of criminal action, you don't need to be working there anyway. Attorneys violate their code of ethics if we make empty threats of criminal (or civil in some cases) action. The boss has no such ethical code.
The fact that you were given keys to and a gas card for a vehicle you do not own does NOT insulate you from criminal theft charges if you use the vehicle in ways inconsistent with your status as a driver/employee instead of its owner.
Sounds like you are in pretty dire need of an attorney. If he falsely accuses you of stealing the vehicle, he is harming your reputation and may be liable to your for money damages for his intentional misconduct. But you had better be SQUEAKY clean if you go that route. It'll ALL come out in the wash.
This answer is in the nature of general information only and DOES NOT constitute legal advice or the formation of an attorney-client relationship.
Your question implies that you have been asked to return the truck. When that occurs, you have a duty to return it. Imagine if you loaned a car to a friend and he refused to return it- saying that he still had the key?
You have a duty to return the equipment, the keys, the fuel card and any other property of the company to them. Not only could they report the vehicle as stolen, but they could enter it on your DAC report as unauthorized use of a vehicle and abandoning a truck. This could affect your career as a driver. Best to turn everything in as agreed and move on.
Were these statements made because you were, in fact, holding onto the keys and the truck when you should not have had them, or were these threats made in order to force you to do something even though at the time you were supposed to have the keys and the truck because you were driving when you had been told to drive?
If the first, then you should hand them in and not push the point because, technically, if you're holding onto the truck when you were told to return it, that could be theft.
If the second, however, then so long as you were working within the terms of your employment and were supposed to have possession of the truck and the keys at that time, you shouldn't be liable for a stolen truck. The problem then might become a matter of proving that you were doing as instructed; to remedy that, make sure you get as much as possible in writing and keep really good records so you can prove that you were legally in possession of the truck if such a complaint is ever made against you.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
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