Sad news for me

I have been a motorcycle only driver for a long time (it was no problem in Arizona) but my employer here in Michigan has informed me they will not give me any more hours untill I get a car. I must be able to transport clients even though they do not compensate me for gas or miles. This forces the sale of my beloved XJ to pay for the purchace of said car. I will not offer it for sale here because I can get more $ from the general public and already have an offer to trade for a $3000 SUV. Sorry guys but you just know to much. Bye bye to Black Beauty my 83 Midnight Maxim. I hope I am still welcome here even though I will be on 4 wheels instead of 2. When I have saved enough I will buy another but am sad because I looked hard for my near mint MM and they are getting very hard to find in great stock condition.

 

Best wishes to you and I hope your job is better than it sounds or at least pays well!

 

My job sucks. I really miss owning my own business (except for the fact that econimic downturns can "F" you up through no fault of your own).

 

Sorry to hear of this man -- perhaps you can find a friend who you can sell (loan) it to, with an agreement to get her back when you can?

 

You can transport clients on a bike. Stupid people. Curious if they are legally able to do that.....

 

i dont know any details but it doesnt seem fair at all to me, why dont they have a company car for company business, id keep a detailed log of all the "company business"if i was you for down the track

 

Check tax law -- you may be able to write off expenses associated with company business

 

That seems like a huge liabilty on your part. Transporting business clients in a personal vehical. If you were to get into an accident and god forbid someone would get hurt the company would not have any responsibility and its all on you. Dude that blows big time. I would be looking for another job ASAP. Tell your cheap A$$ boss to take a hike.
I'm a business owner and I would never ask any of my guys to do that. I'm not even sure if thats legal to ask an employee to take on a responsibility of that level. Minimum you would have to ask your insurance company about something like that for sure, just to protect yourself. Rest assured it will up your premium if they have to write extra coverage.

MN

About tax laws: He could write it off but he has to pay for it first and then write it off. Sounds like if the bike needs to go he's short on cash to do such a thing.

MN

 

That sucks dude, mighty unfair. But you know where to come when youre ready for another, the members here will get you hooked up straightaway. Good luck

 

Very sorry to hear your dilemma.

Some information that may be of help: employer is requiring you to use Personally Owned Vehicle (POV) for company business with no reimbursement: you are entitled to write off ALL mileage from the time you leave until you get home. Federal write off is like 64 cents a mile or so. So very every 100 miles, you get to deduct approx $64 off of your taxes. How many miles do you (anticipate) drive per year? Multiply by $.62-.64 (find out exact number) and that is how much you get to deduct. Drive 10,000 miles for getting to/from work and dealing with customer issues and you will rack up over $6000 in tax deductions ... That will realize a hefty chunk back on your tax return ... If you are driving clients around on company business, I expect your mileage will be quite a bit higher than that, possibly resulting in a tax return with enough to cover the *loan* to keep your bike in the first place.

 

Yeah... sell the bike here to one of us cheapskates, then drive your own car for a couple years, rack up a good chunk of change, then come back and we'll sell you a really nice XJ. You'll be waaay ahead of yourself......and your "boss". If you do it right, he'll end up paying for your car, your new bike, good deal.......................

Dave

 

UPDATE TO THE NIGHTMARE:
First of all thanks for all the advice I have been looking for a better job but they are hard to come by here and I will keep looking. SOOOOOO A 20 year old MSU student shows up to trade me for a Mercury Mountaineer. It was total junk so I told him cash only. He says OK let me test drive it. He tells me he has been riding his dads HD and has had dirtbikes his whole life. With no endorsment I said I will let you drive it around the parking lot only. He gets on it makes it 20 feet and crashes into the brick building and scrapes along it unable to stop. He didn't even f'n know which levers were the f'n brakes. Wrecks the whole side of my bike and takes most of the skin off his rigght arm in the process. THEN has the balls to ask me for my insurance information. I told him to get the F out of my sight now or he would need a lot more than insurance cause I was about to kick his ass. gets in his truck and drives away. Now I don't even have a running bike to sell because the pressure on the brake lever (which is also bent to hell) from the building popped my master cylinder. PHUK!

 

My apologies for the language but I'm pretty mad.

 

Dude that is about the most screwed up thing I have ever heard. I would take that guy to small claims court and get your money and then some. What a jacka$$ , I don't know how you contained yourself. If someone destroyed my bike in front of me..."............. The cops would have been hauling me off for kickin that guys ........

MN

 

I don't even know his last name. Now I have to put a bunch money into a bike that had never been laid down in 29 years just to sell it to buy a car to go back to work. I have no money to fix it. I'm boned bigtime. Looks like I'm going to loose my job as well as my bike. My advice: Never ever, ever let some a$$ hole test ride your bike with no endorsement no matter what they tell you. I guess I am learning my lesson the hard way.

 

That IS REALLY messed up - but be glad you're not getting sued, at least.

Shoulda asked to hold the money ??

Just an idea, go to some used car lot and ask (beg) them to hold your bike as the down payment, buy any dependable car, and carry on with your plans.

 

Lesson: Never let anyone test drive your bike unless you are holding CASH.

What parts do you need? I don't think anything I have is compatible with an 83 though.....

 

Looks like I need a brake lever, MC rebuild kit, clutch cover, brake pedal, and my brand new MAC 4 into 1 exhuast (that I just put on a couple months ago) is crushed. Also a right side mirror and throttle grip. I also need a doobie to calm down. Just kiddin'....maybe.

 

pm sent

Local to you member with parts available.

Ghost

 

Now for some really bad news. At 8:30 I went out to look at it further and found my neighbor in the hall with no pulse and no respiration face down. I called 911 and started chest compressions for 10min waiting for the ambulance. I just learned he did not make it. He was a vietnam vet and died on memorial day. How sad.

 

There are situations, which arise, ... such as this, that certain actions between two parties spontaneously initiates provisions of Contract Law regarding the care, protection and responsibility of CHATTEL while in the possession of a Buyer prior to finalizing the agreement.

Common Law / Bailments / Tacit Obligations

 

I understand that but I don't even know the guys last name to initiate any civil action. I don't even have his phone #. I know he said he's a student at MSU and his first name is Shawn. I doubt I will ever hear from him again after I choked him and told him he'd better leave before I kicked his ass. My bad , I know, but my emotions got the better of me as I watched him ride by Black Beauty down the side of a brick wall.

 

I'll donate a clutch cover and a "tarnished" brake pedal for shipping costs, if needed.

 

UPDATE: Today the kids father showed up to tell me Shawn was to scared of me to contact me but wanted to offer to pay for all the damages to my bike. Now I feel like an ass. He did inform me that Shawn had a minibike when he was 12 but had not driven a bike since and feels bad for misreprisenting his skills to me.

 

Well that was decent. Keep us updated!

 

Funny thing was when his dad showed up I opened the door to a big bad biker wearing his colors. When he told me he was Shawn's father I thought he was here to kill me. He was more pissed at his son for wrecking my bike than he was pissed at me for choking his son. He said the little shit deserved it.

 

On the death of the Veteran, we are all saddened at that news (not to lessen your travails) --

Well, Churchill said "When going through hell... it's best -- to jus keep going"

Your luck will turn

 

I can't complain about one bad day in the face of death that close up. Losing my crappy job in Kalamazoo just means I will get a better one. I just hope it happens soon enough to prevent me from having to move in with my friends or family. Since Shawn is paying for the repairs I have enough money to pay for one more months rent and I can keep my bike.

 

Jeebus dude, thats a bad run of luck...
Glad it somewhat turned around for you.

 

My wife said it would be a great case for Judge Judy!!!

"Then what happened?"
"I told him I had lots of bike-riding experience and wanted to test ride it."
"But, you really had not a clue. You just wanted to ride the bike."
"Yeah."
"You mean, ... Yes, your Honor. Don't disrespect me moron."

"You let him test the bike?"
"Yes, your Honor."
"And he promptly found the nearest brick wall to drive into?"
"Yes ma'am, your Honor."

"Yeah, but then he came over and started choking me!"
"Shut-up you idiot."
"I'll tell you when to speak."

"You choked him?"
"Yes, your Honor."

"Look like he's better at wrecking motorcycles than you are at choking somebody. Next time, choke him better. Judgement for the Plaintiff. Pay him for the damage to the bike, Choke-ee. I would have choked you, too!"

 

AWWWWWWSOME!

 

well, it sounds like this is getting better..... what's this about loosing your job though? did i miss something?

 

Obviously, the kid went home and told his dad, expecting his dad to do what you thought he was going to do when he showed up, only to find that dad was more than a little miffed at his lying and irresponsibility. Goes to show that given the chance, the normal moe and joe and pretty decent folks, its the ones one the prowl of which you have to beware ...

General advice:
If you are selling a bike and someone is going to test drive it: a) no ride without an endorsement, b) you HOLD their license till done, c) have a signed check in hand as collateral as a minimum (obviously in the name of the name on the license and the license matches the buyer), and d) a liability waiver. Yes, its tedious, but it protects you from situations like this. If they aren't willing to abide then they either aren't serious or aren't trustworthy enough for you to risk your bike and liability. Suddenly, I think this could make a good document to make generally available ... I feel another thread coming on ...


Following is the text of a Liability Waiver a dealership in California has on the web. It is a good model. I have made a number of modifications to generalize "DEALER" or "DEALERSHIP" into "SELLER" and "SELLER LOCATION", added stress to "valid driver's license" and "specific type of vechicle", made the statement regarding "... voluntarily requesting ..." stand out, as well as added driver information beyond just name and signature ... I know who and where I am, I want a record of their contact info ... (Amusingly, as a dealership legal document, they misspelled "negligence", "negligent" and "release" ... I made the appropriate corrections.) *disclaimer: I am not a lawyer and have not formally studied the law in general nor contract law specifically. These changes were made to make these items stand out visually for anyone reading such a document to avoid any claims of "I didn't see that". One might even want someone to initial such items to be ultra safe ...


Test Drive Release and Waiver of Liability Agreement

I hereby represent and certify that I am at least 18 years of age and that I possess a VALID DRIVER'S LICENSE issued by the state of [xxx] that authorizes me to operate the SPECIFIC TYPE OF VEHICLE that I intend to test drive. I understand that the improper operation or use of ____________________________, such as failure to observe and obey all laws and safety rules, may pose a risk of serious injury to the operator of such vehicles. Although I am aware of the possible risks incident to operating such vehicle, I wish to take a test drive on a demonstration unit or other unit not entitled as a demonstrator unit. I desire to test drive a ____________________________ vehicle at the SELLER LOCATION named below to decide weather or not I wish to make a purchase.

I AM VOLUNTARILY REQUESTING A DEMONSTRATION RIDE AND I EXPRESSLY AGREE TOO ASSUME THE ENTIRE RISK OF ANY AND ALL ACCIDENTS OR PERSONAL INJURY, INCLUDING DEATH, WHETHER DUE TO NEGLIGENCE OR NOT.

I participate in the ride knowing the existing weather conditions, terrain conditions, and other conditions and factors which might affect this ride. For and in consideration of the opportunity to engage in a free demonstration ride of a ____________________________, on behalf of myself, heirs, personal relatives, successors and assigned, I give the following releases and agreement not to sue:
I DO HEREBY AGREE TO RELEASE FROM LIABILITY AND NOT TO SUE the SELELR named below, the manufacturer of the vehicle or vessel and each and all of their related companies, officers, directors, and employees, for injury, damages or death which occurs during, or as a result of my test ride. I forever release and discharge the SELLER named below, the manufacturer of the vehicle or vessel and each and all of their related companies, officers, directors, and employees, from any and all claims, demands, causes of action or liability of any kind whatsoever, which I may now or in the future have, known or unknown, which in any way result from or arise out of or during course of my demonstration ride of a ____________________________ vehicle when arising from the NEGLIGENCE of those persons released herein.
This Release and Waiver of Liability Agreement extends to any and all claims I may have with respect to the NEGLIGENT design, manufacture, repair, or maintenance of the vehicle which I will be riding, or with respect to NEGLIGENT conditions, qualifications, instructions, rules or procedures under which the demonstration ride is conducted. However I do not release any party from any intentional misconduct, recklessness, gross negligence or product liability claims.
I HAVE READ AND VOLUNTARILY SIGN THE RELEASE AND WAIVER OF LIABILITY AGREEMENT, AND further agree that no oral representations, statements, or inducements apart from the foregoing written agreement have been made. The Release and Waiver of Liability Agreement will be construed only as broadly as is permitted by applicable law.
DRIVER NAME (please print): _____________________________________________________________
DRIVER SIGNATURE: _________________________________________________________
DRIVER LICENSE #:__________________ EXP: ___________
DRIVER STREET ADDRESS: _____________________________________
DRIVER CITY: _______________________________
DRIVER STATE: ____ DRIVER ZIP: __________
DRIVER PHONE:__________________________
DATE: _________________________________

SELLER NAME: _____________________________________________________________
SELLER ADDRESS: _____________________________________________________________
CITY: ___________________________ STATE: ________________________ ZIP: _____________

 

That is great advice and if I decide to sell again I will print it out and use it. As to losing my job that is how this thread started. My employer told me I was fired unless I got a car so I could transport clients. So I was selling the bike to buy a car.

Put that form up and sticky it!

 

Good idea guys.

Eric, that sucks, but sounds like you're gonna be better off. I'm unemployed too.... sometimes no job is better than putting up with s**t like that....

 

Explain what happened, ask him to loan you the money to buy the car ... see if he might be willing to be reasonable ...

 

To late. Because I couldn't show up for work today he called me to inform me I was no longer employed there. Just in time to prevent me from drawing unemployment, What a coinkydink!

 

File anyway!!

I don't think unemployment will agree with his "justification". His demand fell outside of the conditions under which you were hired and he did not provide adequate time/resources in order for you to comply to what most would consider to be unreasonable demands. I was in a situation where the employer changed conditions of employment to a situation where it was not physically possible for me to adhere to their changes so they fired me. Employer tried to deny my unemployment and the state gave my employer the bird, essentially. I was forthright and honest with the state: told them the conditions of my employment, the change, and how I was unable to comply with the changes. DO NOT STRETCH THE TRUTH!. If you get caught, and probably would, they would almost certainly rule against you. For me,. the State agreed that termination was not justified to prevent benefits. Employer tried to contest, twice. State ruled in my favor both times - that's 3 wins counting the initial ruling. In most states, it could have easily been turned into a wrongful termination lawsuit, but Ohio is one of the two or three worst states in the nation with regard to worker rights/protections. I don't know anymore, but Michigan used to be pretty good at that ...

 

The problem is not his justification but the fact I have not been employed long enough to be eligable to draw it. 90 days of employment after many years of owning a business and not contributing to unemployment compensation is the problem.

 

Fhuckkkkkkkk thats a messed up turn of events.

Glad to hear you're getting money for the repairs, sucks you're out a job.

However, by the sounds of it, you're better off not working for that chatch anyway.

just out of curiosity, where is it that you worked?

Best of luck to you in the future man.

 

Not only where, but what? What type of work do you do? I know some people who live in the area of St. Johns.

Out of Curiosity, what do you do for transportation in the winter if all you have is a bike? I couldn't imagine driving on 127 during the winter, let alone may of the other roads around there. Not only would I be afraid of going down on my own, but trying to evade the cage drivers ... pure nightmare. It would be like running a gauntlet or playing Russian Roulette with five out of six chambers loaded.

 

I just moved back here after 25 years in Arizona. I was going to buy a truck by winter. I hadn't seen a temp below freezing in a long time.