My trucking company withheld money from my last paycheck due to "accident" fee.

It's amazing how drivers come on here and defend and rationalize a company putting the screw to a fellow driver.

 

I'd think a deduction for an account like that would not only be in writing, it would have your initials by it. I can't recall if any of the companies I ever worked for had that or not. Pumpkin doesn't. But even if it is in the employment contract, every place you go has something you sign off on or initial that doesn't seem quite right, and if you don't sign or initial, you don't get the job.
I'd think if your a company driver, your not on the hook for something like an insurance detectable.
Good luck. I hope you get your money back.

 

Much of the stuff employers have you sign is enforceable, but something like this isn't. It would be like a ten year old signing on a car loan or mortgage. It's not legally binding because minors aren't allowed to create contractual obligations. Similarly, Employers can not confiscate your wages. It takes a court or other government entity like the IRS.

 

You need to first verify if they were indeed out of pocket on that amount. If they were not, then they have no business passing that cost onto you as a driver, just to fatten their own wallets. That is actionable under a concept called "unjust enrichment" or something like that. Just google it, I'm too lazy to type another 6 paragraph post on trucker report. i should really be asleep.

 

sad but true

 

I know- Almost as if these Drivers would do the same thing if they owned a company.

Hence Why they are just drivers....Hopefully they wont get the opportunity to Treat a person that way.

YOU DONT HOLD ANYONE'S EARNINGS FOR ANY REASON.......PERIOD!!!!!!!!!!!!

 

Well, actually, you do under limited circumstances. As I said in a prior post it takes a court to do it, but an employer can be required, by law, to honor a court order requiring the employer to withhold earnings for the purpose of paying taxes, child support, or other such legal wage garnishment. An employer refusing to honor such a court order can be fined and imprisoned.

An *employer* can not arbitrarily decide to withhold an employee's wages for any reason. If an employer doesn't have an agreement, signed by the employee upfront, to withhold wages for certain legal reasons, (such as for reimbursement of an advance on wages) they need to go to a court and ask for any money they think their employee owes them.

 

Do your research. Then,
Find the state that company is registered in through the State Corporate Commsion website, find who is the register againt.
Go to your local court, and pay 50 bucks and file a warrant in debt for the amount owed, plus other charges. It will be filed against the register againt.
I bet that crap will be settled before the second appearance in court.

 

Your first mistake was taking a job with a company that requires any kind of "escrow." Was this a 1099 outfit?

 

That's Obvoius....

Im talking about Employer/driver relationships within the company... Stuff happens far too often