Getting paid percentage?

In the scenario you proposed, where you go pick up the load, then attempt to hold that load ransom in an effort to gain access to information which you have NO legal right to obtain, you have already committed theft and at that point your employer has every legal right to fire you on the spot.

You have now been terminated. Consider yourself lucky if you aren't already being carted off in a shiny pair of chrome bracelets. You are NOT authorized to move the truck, trailer, or load any further. If you do, you have stolen it.

Not only that, but if you (as you stated you would do) attempt to get a fraudulent lien placed on the truck/trailer/load in order to remain in possession of it through the "arbitration" process, you have committed yet another crime.

In the mean time, legal fees are adding up...for you...because the law entitles the "injured party" (i.e. the truck owner...your boss) to collect damages, costs, disbursements, attorneys fees, etc. So your boss isn't going to be too concerned about HIS legal fees since the law clearly says YOU will be responsible for paying them.

Keep in mind, his "costs" are going to include what the truck would have made had it been on the road, as well as damage to his company's reputation (and lost business) following the undelivered load.

From your prison cell, you might learn that you may have been shorted a few dollars....but by the end of the arbitration process, you'll have a felony record (and sitting behind bars for several years), buried in debt (both to the government and to your former employer), and without a drivers license.

Good luck with that.

If you want to play hard ball, the law is NOT on your side. You WILL come out on the losing end. There is NO law entitling you to seize your employer's truck, the load, or any other property owned by your employer. Doing so will land you behind bars.

 

There still is the legal right to contest the original contract, in which the acting agent signed for, the contract and/or load comes into question... therefore, requiring litigation.

The ownership is not in question, the contract is, therefore the contract cannot be fulfilled until the contract is arbitrarily resolved. No theft, just a contract dispute.

How is a lien fraudulent when there is clearly a dispute with the original contract, in which the acting agent was clearly involved with? The driver would not attempt to sell, transfer, assign, or lease it to another person and would return possesion upon the resolution of the contract in dispute.

The driver would also be able to collect "injured party" fees as resolution of contract dispute. In other words, if the drive showed that the carrier was not paying the proper agreed % per contract. The driver too would be entilted to punitive damages. In reality, both parties would lose as arbitration usually requires steep compromises by both parties.

Keep in mind, the driver would have lost wages and time making court and arbitration appearances. Likely less much less than the carrier, but losses nonetheless.

Again you seem you assume there is something criminal about a clearly 'civil' contract dispute. The carrier would be forced to jump though the legal hoops of arbitration. Savvy carriers would likely cut losses settle with the driver and move on...

Again, the law is on nobodies side. True, the driver would end up losing but so would the carrier. Who has the most to lose?

 

I hope you don't mind if someone else jumps in. If you sign for cargo and fail to deliver it the shipper or owner of the cargo could file charges against you whether the carrier does or not. Even if you think that you have a right to put a lien on his equipment you don't have any claim to the cargo. If it were me I would rather sit down with the boss and see if you can work it out. If not, it would be less hassle to walk away. In order for you to get a legal lien on his equipment or anything else he owns, you would first need to get a judgment against him in civil court. Unless I have missed something you don't even know for sure if he has cheated you out of anything. You would need to hire a lawyer and he would need to file discoveries and that would take time and money. Personally, I don't think that it is worth the hassle. It would certainly not be worth risking jail time and several felony convictions. If you transported his equipment and cargo across state lines then you would have more problems than you could imagine, should he or the shipper decide to prosecute you. Transportation of stolen goods is a very serious offense. Grand theft is also serious, especially if you cross state lines. If you feel that he owes you money you need to get proof, which he will likely need to provide. You can't even get a judgment against him in civil court unless you can prove that he failed to pay you as agreed. iYour potential claim is civil. Your employer's claim is criminal. You might get away with it if the guy doesn't know the law. If he does, perhaps you could let us know how it went when you get to prison.

 

I work for a smaller out fit here in MI we have 100 company trucks and around 30 O/O

I get paid 25% of the load after FSC.

My load pay ranges from $100 to $400 per load and on my paycheck I see what I was paid 25% of after FSC. If it didnt show I would have some questions for the company.

 

I get paid 29% of what the company charges the broker, BUT it does not include the total amount including the FSC. Now that said, I've talked to the state labor board about this issue, even if you are an independent contractor, they DO NOT have to show what the amount charged to the customer is, they can do it as a courtesy. That is considered confidential information. While it would be nice to know, think about it from the companies point of view, especially if your an O/O leased to someone.

Let's say you have a cushy dedicated run from Denver to Grand Junction, Co., the company pays you 95% of what they charge the broker. Hypothetically, they charge the broker $1,000 and pay you $950. Now, you get in good with the shipper/receiver, they really like you, they rave about you to the carrier. One day, you decide to go it on your own, you go to the shipper/receiver and convince them to use you as their dedicated carrier. You give them a rate that is equal to the 95% you were getting from the carrier you were leased to. You then terminate from the carrier, at the same time the customer terminates from the carrier as well. The company can put 2 + 2 together. If you had a Do Not Compete Clause in your contract with the carrier, your seriously screwed, even if you didn't, and you take this company away, they (the carrier) could still come after you for using confidential information (the rate that you were shown) to get further gain on your own.

 

G/MAN,
I do know this and agree, however, it was just too much fun sparring with Pedigreed Bulldog about the issue. Besides, he seems like he's the type of 'employer' that would cook the books in his favor and justify giving the percentage based driver the short end of the stick.

Guys like him, make me want to take the LSAT and enter law school.

 

Guys like you couldn't pass the LSAT if your life depended on it.

You keep arguing the civil aspects from an employees perspective whilst forgetting about the criminal actions you are proposing to undertake. Even if you DO get a civil judgment, it would be against the company which employs you, not against your employer personally (provided he was smart enough to keep his "business" expenses, property, and bank accounts completely separate from his "personal" expenses, property, and bank accounts). It could take YEARS to collect, as the appeals process takes time to complete...and if the employer closes up shop during that time, you're SOL and won't ever see one red cent. Don't worry about your boss, though...he'll reopen next week under a different name.

In the mean time, you are rotting away in a jail cell somewhere because you stole a truck and the freight that was on the truck, committing multiple felonies in an effort to extort money from your employer.

You seem to think your employer ought to give a flip about you. All he cares about is making a profit, and you are a tool he uses to do so. As long as he profits from the work you do, you will likely have a job. If the work you do ceases to be profitable to your employer, you'll be out of a job in pretty short order. It's nothing personal, only business. He's got a lot invested in his business....probably started out risking most everything he had to get started, working his butt off to succeed enough to grow and expand the business, allowing him to hire employees. Then some clown comes along trying to play hardball, threatening that business. Do you think he's going to lose a wink of sleep after pressing charges against you? He'll have you replaced before the cell door slams shut behind you.

 

Actually, I posted the section of the truth in leasing law that applies to this very topic back on page 1.

§ 376.12 Written lease requirements.

And in that hypothetical situation, where you agreed to haul under your own authority for the exact dollar amount as you had been receiving hauling under another carrier's authority, you would be better off staying at the carrier. Under your own authority, you'll have extra costs...insurance, drug consortium membership, record keeping requirements, along with the other "compliance" related expenses...not to mention, the carrier likely pays you a heck of a lot quicker (usually within a week or two) where that customer can take 30 days or more to cut you a check.

 

Gross pay is line haul and fuel surcharge too. Line haul pay is just the load pay. If you ask for the rates they have to supply them.so if he has in writing your getting paid on the crosscheck into it sounds like he's paying u what he wants to

 

Yes a percentage driver has every right to see the rates, if they refuse to show you, they r pro ply cheating u. Gross pay is line haul & fsc ,,, line haul is just load pay