What Legal Grounds Do I Have?

Discussion in 'Experienced Truckers' Advice' started by terrancemayes, Dec 22, 2014.

  1. terrancemayes

    terrancemayes Bobtail Member

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    Jul 25, 2014
    Humble, TX
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    I drive flatbed for a small local company and have been in an ongoing battle about the "fuel-surcharge" and I need information. The employer has been charging me a 25% fuel-surcharge off the top of every load I do, which I've told him it's not legal. I am looking to recoup the money he has taken from me during the last 4 months, as I'm an employee and not an independent contractor, as he keeps trying to label me. I drive his vehicle, get a steady paycheck, his dispatcher books my loads, so I'm an employee! I'm frustrated due to his unwillingness to comply, so I'm seeking legal recourse. Will my fellow truckers lead me in the right direction, please.
     
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  3. passingthru69

    passingthru69 Road Train Member

    With him owning the trk. He pays the fuel right?
    Then he can take that off the gross money of the ld.
    What did your contract say about pay to you?
    Did it say you get a percentage of the trk. gross or net?
    My opinion you have no legal grounds to recoup those funds, unless your pay contract says you get paid off the trk. gross..
     
  4. BROKENSPROKET

    BROKENSPROKET Medium Load Member

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    Jan 22, 2011
    Wisconsin
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    I have a similar situation, but my perspective is much different than yours. I asked a simple question about it and I got utterly flamed.
     
  5. Ezrider_48501

    Ezrider_48501 Road Train Member

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    bismarck, nd
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    if its not your truck why are you getting paid any fuel surcharge at all?
     
  6. Giggles the Original

    Giggles the Original Road Train Member

    the only way you are entitled to fuel surcharge, is if YOU pay for the fuel. if not, then you have no right to it
     
  7. icsheeple

    icsheeple Trailing the Herd

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    Nov 1, 2013
    Kansas City, KS
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    Ok, maybe you could explain better. Who is buying the fuel?
     
  8. terrancemayes

    terrancemayes Bobtail Member

    3
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    Jul 25, 2014
    Humble, TX
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    The contract says that I am an independent contractor, which I am not, so the contract is null in the state of Texas. I'm an employee. My contract says that I get paid 30%, but it does not specify from the gross nor after fuel surcharge.
     
  9. Giggles the Original

    Giggles the Original Road Train Member

    you still didnt answer. who is paying for fuel ?
     
    Last edited: Dec 22, 2014
    mnmover and Tonythetruckerdude Thank this.
  10. pjw044

    pjw044 Heavy Load Member

    The way I read it is: the OWNER is charging the COMPANY DRIVER 25% of the fuel cost........
     
  11. bigdogpile

    bigdogpile Road Train Member

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    May 16, 2010
    fontana ca
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    Sounds like he's L/P buying the fuel but he aint digging being a L/P and the deeper he gets into it he's crying wolf "I'm a company driver".crop sharers have no recourse
     
    Giggles the Original Thanks this.
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