Small claims or labor board?

Discussion in 'Experienced Truckers' Advice' started by NJTruckerinTX, Jul 28, 2015.

  1. NJTruckerinTX

    NJTruckerinTX Bobtail Member

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    I worked for a small company in Spring TX. I got royally screwed over and need some serious advice.

    1. Was given a per mile pay rate of .34 which changed to .40 per mile
    (Drove 10916 miles but was only paid brokerage miles or air miles)

    2. Was told I would be a W4 worker. But he changed me to a 1099 contract driver.
    (Is there any legal issue with his doing this?)

    3. Was never given any IRS forms for W4 or 1099
    ( did he break the law by not providing me with the proper tax forms?)

    4. Was stranded for multiple days with no money or food and no pay
    And no detention pay

    5. Was told to use the company card to eat and that he didn't want his driver to go hungry on the road.... that he understood how it is to be on the road but when I quit I was told that it was coming out of my pay which I was never going to receive.
    ( Is he in the right to do this after making a verbal agreement with me?)

    6. My court mandated child support payments were never set up even after I contacted the state to get him to take of it.
    ( Is he legally responsible for me being unable to make my child support payments due to his failure to pay me properly?)

    7. I was told that the company phone which was stolen from my truck was now my responsibility and that it was coming out of any final pay even though he told me he had insurance on the phone.
    (I was never given any release form regarding the phone. I never signed any documents that stated I would be held liable for the phones loss if lost or stolen. Can I be held responsible? )

    As a direct result of his failure to pay me properly and on a reasonable time frame my vehicle is about to be repossessed. I am facing eviction and have been unable to support myself without state assistance which I haven't been able to get to this point. (Pending)
    I have had to consult a bankruptcy attorney because I am seriously close to losing everything and being homeless on the street.

    I can probably come up some more examples if I think about it.

    I want to know if I have a small claims case against him or just a Texas workforce commission case for his breaking the TX Payday law.
     
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  3. HorseShoe

    HorseShoe Road Train Member

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    Talk to a lawyer about the child support issues immediately. He can also help/refer you with the other matters better than any of us truck stop lawyers
     
  4. NJTruckerinTX

    NJTruckerinTX Bobtail Member

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    Jul 28, 2015
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    Yes I was planning to consult an attorney. My purpose here is mostly for advice from truckers who've been in my situation and maybe have some (non legal advice) for me to steer me in the right direction
     
  5. G.Anthony

    G.Anthony Road Train Member

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    my advice to you would be to take 2 aspirins and post in the morning.
     
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  6. Old Man

    Old Man Road Train Member

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    You win in small claims you still may not collect,
     
    Canned Spam and G.Anthony Thank this.
  7. 2Girls_1Truck

    2Girls_1Truck Medium Load Member

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    I'm cringing reading some of this.

    You should call the IRS regarding misclassification of your status. If you were an employee but your company tried to list you as a contractor, he is a tax cheat and you can get the exact details from them on how to proceed. You will probably also owe them money if he wasn't deducting it.

    As for the rest...

    1) unless it specified in your contract HOW the miles were to be calculated, you will be paid the same way he is paid (brokerage miles? Practical miles? Air miles) unless you got that in writing, you really have no claim to be paid for something he didn't agree to.

    2) see above.

    3) maybe, although most reasonable people would wonder why you didn't get the forms yourself? From their website? Call their office? Tell your employer you can't work without filling out proper tax forms? Be an adult.

    4) Not required to feed you and unless you have an employee co tract stating terms for detention you have are not entitled to it. Generally there is a reason these contracts terms are written and not verbal.

    5) see above. Unless our collect s meal allowance, you aren't entitled to have your meals paid. PS: Sometimes you sit for a few days waiting for a load - IT HAPPENS.

    6) Wait, seriously? YOU have a court order to pay for YOUR kids and you think it might be HIS responsibility to make sure that happens? (???!!?) You could, ya know, voluntarily send them the money YOU OWE for their care.

    7) see above. If you think he owes you money, that has NOTHING to do with you not paying your debtors. (In this case your children) Does your utility company care why the bill isn't paid? Can you skip rent because your pay was late or less than you thought? Sheeeeeeesh get another job!!!

    I don't know the payday laws, but I'm sure you're entitled to your money and he will probably be fined for violating it (if he did) I doubt VERY much any court will make him pick up the tab for missed cat payments, rent payments, child support payments , etc etc since it's your responsibility to work and pay those. State assistance?? GET ANOTHER JOB!
     
  8. NJTruckerinTX

    NJTruckerinTX Bobtail Member

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    Already have another job.
    Made child support payments with the money I had. If I was paid properly then I would have been able to make my steady payments and he DOES have a responsibility to take the money form MY pay which I WASN'T GETTING...

    Was only asking for advice not to get told off like I'm some A- hole deadbeat father which I AM NOT. I quit the job as soon as I got back to Houston.

    I've never been a 1099 contractor before and please tell me you live a perfect life that you can afford to rip me a new one for making the mistake of hiring on with someone I had no idea was bad news to begin with... I am far from uneducated but please don't insult my intelligence by assuming I am childlike or willfully neglect in my financial obligations to my child....
     
  9. G.Anthony

    G.Anthony Road Train Member

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    and I highly commend you for being responsible. but frankly and in all seriousness, please speak with your attorney, and if need be, have that attorney recommend someone else, if he cannot help you.

    we are not lawyers, but play one at the truck stop or on the CB radio, along with being former Navy Seals.

    please refer to an experience attorney, as each persons situation can and will be so much different from yours.

    I wish you well, and good luck.
     
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  10. blairandgretchen

    blairandgretchen Road Train Member

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  11. Oldman49

    Oldman49 Medium Load Member

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    You are entitled to claim per diem for everyday you were away from home. ( over 50$ per day refunded from taxes paid. What did you do on April 15th?
    You stayed way to long but you know that now. Good luck,
     
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