First, it is not theft even after the employee refuses to return the truck. Theft requires the person to have forcibly taken the equipment. You entrusted him with it months ago, so the police will not be doing anything about this. Neither will insurance.
It is a civil matter between you and your now former employee. Sucks but that is what the law supports in all 50 states. I hope you have clear written policies on when, where and how to return issued equipment such as the truck, otherwise you will likely lose the civil lawsuit and your former employee will not be responsible for any of your costs associated with recovering the truck.
Why didn’t you have gps telematics on the truck? That would have told you where it was at all times and you would have known a month ago it was sitting abandoned in a truck stop.
Most ELDs, at least the good ones, have basic tracking and reporting functions. I always had mine turned on, even for my personal truck, so if it got stolen or towed I would know about it. Can you check your ELD breadcrumb trail and ser where the truck is, or had been?
It is possible the driver lied to your wife about where the truck is or what he did with it. He may even still be using it for his own use or side hustle!
I would call the truck stop you think he abandoned it at and ask who does their private property impound (tow away services) and contact that towing company. If he did actually abandon it there then they probably have your truck and trailer.
Also, is your address up to date on the truck, trailer and any lienholder (finance company or bank) paperwork? If the truck was towed away for being abandoned then the tow company is required to send notice to the last known registered owner and bank so they can claim the unit before the tow company puts it up for sale. This process usually requires notices be mailed within 14 days from the date it was impounded, but each state is different, then within 45 days after the abandoned vehicles can be sold if nobody claims it.
Lastly, is your financing up to date? If not, check with your lender to see if they found the truck and repossessed it.
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