im working or a owner operator

Discussion in 'Ask An Owner Operator' started by chismi56, Mar 1, 2015.

  1. brian991219

    brian991219 Road Train Member

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    Legally he is screwing you, you are not a true contractor, your tax liability will be about 30% of your gross since you will have to pay both the employee and employer share of the withholding. You will get that reduced some with deductions like per diem and other expenses you incur in the operation of your "business". The $200 for occupation accident insurance is a little high, you may want to shop around for a better policy that is acceptable to him.

    Now, with that said, only you can decide if he is pushing you too hard for your comfort, remember he did give you a chance when no one else would, but again he should not be taking advantage of your situation, just because you are a ex-con does not mean you deserve to be screwed now that you are trying to make something out of your life. My advice is to put in your time, save your money, and then do your own thing, if you can tolerate the situation you are in long enough to accomplish that then you will be set up better than most for the hardships of running your own business.
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    Understand your problem about a job ...


    Being a 1099 contractor is ok as long as there is a contract. Having him force you to start a corp is wrong, he has no right to ask that. Your SS can be used. He is trying to avoid paying taxes.

    You will owe all of them, including the other half of your SS/Medicare stuff.

    He can't tell you how to run, that crap makes you an employee instantly. If he wants you to run illegal, tell him he has no choice. Break down pay, and wait time is in the contract if you have one.

    well from what I see you are an employee, not a contractor so it is on him.

    Here is what I think you should do, keep looking for another job. Get out of this company.

    No not at all. The problem is that he is abusing the law and doing it to avoid taxes. I would tell him that he can't tell you what to do because you are not an employee but when he fires you, which he will, go to the state ag and ask how to file a claim against him for back taxes and contact the IRS, screw him. When you file your taxes for this year, you can put in the return that he didn't provide you a w2 form and you are estimating the taxes and wages. Let them deal with chasing him and making him pay the payroll taxes.
     
  4. KW Cajun

    KW Cajun Road Train Member

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    I was just about to post my views, but I just saw Ridgeline's post, which would be identical to mine.
    This 'employer' is acting flat out illegally in so many levels. Yes, he's avoiding paying taxes and everything else any legitimate employer is obligated to do, and putting it all on you. I understand you're in a very tough situation for getting decent employment, but I see continuing with him to be just stepping deeper into the 'illegal pit' and YOUR CDL will take the loss in the long run.

    I would have never caved in to setting up your own corp & corp tax id. You are legally his employee, given the info you stated, and not an independent contractor.
    Pay particular attention to the words in Ridgeline's last paragraph. That sums up what you should do.
     
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  5. Judge

    Judge Road Train Member

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    That's the way the flatbed company I used to work for worked, You would get loaded 4-5 P.M. and the company had a standard, "If it is less than 600 Mile you need to be there the next day" so you would run all hours of the night to unload the next morning, untarp/strap etc, wait til around 12-1 or sometimes 3-4 PM again and deadhead 200 miles to grab a load and do it all over again, sometimes getting 2-3 hours a night nap, but once you learned the company, after you unloaded and waited 20-30 minutes you'd grab a nap and have the phone nearby so that when they called, usually 4 or so hours later you at least had a little rest to go on. But that was then and this is now, alot of things have changed, and if something happens, its your fault, even if someone hits you, and they prove you shouldn't have been there, then your going up the river while he denies any knowledge and will say, "I don't require anyone to drive sleepy.." and so forth. I've seen it happen and even had the boss of that company ask me that question right after a driver had fallen asleep and ran off the road. I was in the office the next day when he asked, and my response was, "I get some of my best sleep while driving.." and he got away from me.. but I'm one that always has a comeback ready..
    By now you show 1 year driving, you should know your limitations, when you are just to tired to be driving, my hours at one time was 6AM til 2-3 AM maybe more if it were to get around say Atlanta in the morning hours before traffic jams, then I changed my hours to be from 6 AM til midnight, but I wised up and learned as a driver, you are only as important as the current load on your fifth wheel, all it took was seeing a guy in a truckstop at I-65 Xit 22 or so, it was the Tennessean truckstop, Cornersville, TN, anyways, I was.. filing my looseleafs.. and a guy in his mid 40s, in a wheelchair, said he was a driver and his body had rejected him and had a stroke, and was paralyzed pretty much all over, he could still move his head and right arm I know, but anyhow, bad shape, we talked for a while, before I just finally realized if you dont take care of yourself, noone else is.
     
  6. Chinatown

    Chinatown Road Train Member

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    Over the past few years, several drivers working for those 1099 Chicago outfits have been sentenced to long prison terms after an accident. The owner of the truck throws the driver "under the bus" when something goes wrong. The drivers can't prove anything because they don't have fuel receipts or toll receipts to match the log books, no drug tests to prove they're compliant and on and on. Better keep shopping around and get away from that 1099 business.
     
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  7. Hurst

    Hurst Registered Member

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    I've been in your very situation. 1099, re-writing history, pushing everything back. Only I wasnt paid diddly. I was paid a flat $750 a week on 1099 running 4000 mi a week coast to coast.

    I had a plan when I started. It was to use this guy as a stepping stone until I had enough seat time to move on. I made up my mind that I would quit on my terms and even though I cooked the books. Towards the end, I started pushing my boundaries and refusing to drive when my body had enough. I had kept my nose clean with incidents and only one bad inspection due to a mistake I made in my log book.

    It sucks to be in the position your in. And I truly understand whre your coming from. But these guys are right. You have 2 choices. Work through this, pay your dues and as soon as you can, move on. I made it 12 months working just like you describe.

    Its a matter of how badly do you want to work in trucking? My goal was to get my seat time in, pack as much money as I could away and become an O/O. I had 7 yrs driving heavy haul and then took 15 yrs off so I could be home with my kids while they grew up. Getting back into truck was the hardest part with a 15 yr absence. So much had changed. But I am here to tell you that if you stay focused and keep your mind right, you can pull through it. As far as running illegal,.. as long as paper logs are still legal, we will fudge them to make them work for our own self interest. Always have and always will. Once you learn more about the industry and get a taste of the money you can earn, you will discover that despite what other folks say,.. its a silent subject that we dont openly discuss. But everyone on paper logs at one time or another will edit his logs to suit his needs.

    Most of what your doing involves time management. I understand the crummy dock times and waiting. I did reefer work and it sucked. I do flatbed now and even though I work harder,.. I am much happier. When I was in your shoes, I would sleep at every opportunity I could. You will learn which stops are going to be slow and know how long they will take to unload and count shipment. I bought a screamin Mimi to make sure I would wake up. 2 hrs here, 3 hours there, its a bad way to live. So you have to ask yourself,.. how badly to you want to move forward?

    If this is your only opportunity to get the seat time and experience insurance needs to see,.. then what other options do you have? Go back to school and learn a different trade? I been there and done that. I did a 4 yr degree in 36 months thinking I was going to fast track my new career in computers. $70k - $100k starting salaries ended up much like the trucking industry. With out prior experience,.. education and all the certs mean nothing to them. I'm still paying Sally Mae on $80k in student loans. Best job I found was as a phone tech for $12hr. Then maybe in 4 yrs I might advance.

    4 yrs ago I was in your shoes. I have moved past where you are and own my own truck and have plans to hire drivers. Thats where I am at now. Stay focused with realistic and attainable goals. If cooking the books is whats needed,. while I dont openly advocate it,.. sometimes you have to do what you gotta do. Just learn your limits. Never drive beyond what you know is too dangerous. If you find your eyes burning, difficult to focus your eyes and your drifting in your lane. Its time to pull over. That load will have to wait. Yes your going to get chewed out. But if your making him money and not damaging his truck costing him money,.. then no,.. you wont be fired. Just to like I did. Suck it up, know that there is a light at the end of the tunnel. In one ear and out the other. If you did some jail time then you know how to grow some tough skin. Its the same principle here.

    As long as you look good on paper, there is nothing anyone can do or say when it comes time for you to move on.

    Hurst
     
  8. Hurst

    Hurst Registered Member

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    Its not just a Chicago thing. There is a company based out of Tacoma Wa that will put you under the bus, back up and run forward again just to make sure your done. You know exactly who I am talking about.

    Its every where. O/O's taking advantage of drivers under hard times.

    As I stated,.. the key is to recognize your limits. Know when to tap out and get some sleep. Swallow your pride and listen to the yelling and cursing, while in the back of your mind your smiling because you know when the time comes to shine, you will move on. I drove and operated on the raged edge of human stress limits.

    I understand what these guys are going through. I have been there. Many dont know anything else. They dont know what recourse they have. All they know is they need to work. I survived it. I have used much of what I learned under those conditions and applied them to how I run today. I dont push the limits of endurance anymore. But when I need to make something work,.. well,.. money is the root of all evils they say.



    Hurst
     
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  9. OONewbie

    OONewbie Light Load Member

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    if your home daily, and getting paid properly, I wouldn't worry about the small stuff like 1099 etc, just keep your receipts for everything you buy and do, because if you itemize everything can be written off...

    In regards to the detention pay, it really depends on the contract with the shipper/receiver and your company, if it's a dedicated fixed cost run, if it's a broker load, if it's OTR work, OTR companies typically will pay a company driver $15-$25/hr after 2-3hrs after the appt. window was blown, I've had companies that wouldn't compensate until after 4hrs of waiting.. Too many variables to give you an exact answer to that. If you bring it up to your boss @ all, do it in a very humble way, because if you start asking for too much out the door, you'll loose your job.

    BUT, based on what I've read, you should keep your nose to the ground and be grateful your not taking home a BKing paycheck. IF You start acting like your #### don't stink or demand more, just remember your very replaceable at a moments notice... Know when to demand more and when to be humble and just do your job, get your experience and manage your spending and finances so you get the most out of your check.. Ie... Pack a lunch don't eat out every day that #### adds up quick...

    Good luck
     
  10. mc8541ss

    mc8541ss Road Train Member

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    I will say that I don't pay on 1099 but know some who do. They are not necessarily out to screw you. Just trying to save some on taxes. Not legal but has been done that way in trucking for many many years. The gooberment needs money and are now going after many of these guys paying on 1099. This was brought on because many of these getting paid on 1099 will not even pay there taxes. So it's easier for the govmt to get there money from the employers instead of chasing everyone down.
    Many places these smaller companies haul for don't pay detention, so in turn, the driver doesn't get any. Doesn't make it right but it is what it is. I try to avoid these places but sometimes it happens. One of our biggest customers doesn't pay detention but normally you are in and out within an hour. But when something happens, cranes or computers sometimes malfunctions, its the carriers that get screwed. But they pay really well on their loads and they have a lot of them. Kind of a take it or leave it deal.
    You already know that your options are limited and this guy has taken a chance on you. If I were you I would keep my nose clean for another year to 18 mos and then with a couple of years experience will be able to get a better job. Or learn all you can about the business and become an o/o. Many companies will hire ex cons or let them lease on their own truck as an o/o. Only having 1 year experience is probably hurting you more than the other stuff. Jus t stick it out a while longer.
     
  11. rank

    rank Road Train Member

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    I agree with every single post. Good advice in all of them.

    The employer is clearly taking advantage of your criminal past to force you into breaking the law again. As mentioned, if there is a bad accident you will be on your own like hundreds of other drivers (most famously the WalMart driver) and unless you have boatloads of cash to hire a good lawyer you will be going back to jail.

    1099 is one thing but running illegal HOS can land you back in jail.
     
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