Wrongful Termination/Breach of Contract

Discussion in 'Trucker Legal Advice' started by MKBFARMS, Dec 9, 2009.

  1. MKBFARMS

    MKBFARMS Bobtail Member

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    Dec 8, 2009
    Blairstown, MO
    0
    I know that the title sounds a little hard, but I believe that is what has happened to me. On 11-08-09 I started running for a guy out of southern IL, nice trk, and trl, leased to Admiral Merchants. I did all my own dispatching from the trk, for 26%. Things seemed to be going alright, not great but we all know how it is with freight the way it is now. On the 20th, I didn't complain, I only comments to the owners wife that I was having pain in my lower leg, took the day off in Shreveport, and rested. Next day felt better, and went to trucking. Made delivery on the 23rd in Allentown, found a load going to southern MO, to get home for Thanksgiving on. Owner called and said to cancel the load. No reason given, just cancel. I did and sat all day. Next morning his wife called, get a load back to southern IL area, we have sold the trk. That was on the 24th. I delivered the trk in Lebanon IL the next day to a friend of the owner. This is the 8th of Dec., and they have still not paid me for the runs I made from the 16th to the 23rd of Nov. They have cancelled their lease with Admiral, and in a conversation I had today with the owner I was called every dirty name under the sun, and I quote "Im not going to F.....g pay you"! It seems to me that this a breach of contract, I fulfilled my obligation, but they refuse to fulfill theirs. I also think that they let me go because of the pain in my leg which I now know is a blood clot, I think that is also what they suspected and concocted the story of selling the trk to get rid of me so I wouldn't file a workmans comp claim, or worse have the clot break loose, stroke out and pile into a bus load of nuns. I just dont know, but thing seem a little fishy to me. I would value anyone else's opinion on this, or suggestion on what recourse I might have. Thanks!!
     
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  3. lonewolf4ad

    lonewolf4ad Road Train Member

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    Displaced to Colorado
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    MK I don't know what IL state law is, but I believe about the only chance you would have of recouping losses is through the court process. I can't really be of any help, but I do wish you the best of luck. Also keep an eye out for future clots, the way the coagulants in the body work if you have 1 form you are more likely to have others form.
     
  4. jtrnr1951

    jtrnr1951 Road Train Member

    Small claims court for the money. Use hindsight when taking your next job !! And see a DOCTOR !!!! Best of Luck !!
     
  5. Powder Joints

    Powder Joints Subjective Prognosticator

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    If you were here in California you would still have a workman's comp claim for sure, it was reported to the owners wife while employed by them, and also a wrongful termination. They would a very minimum be responsible for lost wages and medical, possibly punitive. Here punitive normally runs 3X the amount of medical. To say you could own there truck, who wants it. Like the song say's "Take the Money and Run".

    First thing is go see a lawyer now today. They should not cost you anything up front. Phone book is normally full of workmen comp attorney's. They know they were trying to screw you that was the whole reason for the scam. Now its your turn to teach them about greed. Go Get Them, take it all. Don't even consider feeling for these children of unmarried water buffalo.
     
  6. Powder Joints

    Powder Joints Subjective Prognosticator

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    Rosamond, SoCal
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    This is not small claims at all. He is entitled to Workman's Comp, and will be likely to awarded a very substantial amount of punitive damage money. Pain & suffering, mental stress. See an Attorney, he will refer you to a doctor. Remove the luck. Go for the sure thing.
     
  7. jtrnr1951

    jtrnr1951 Road Train Member

    Sure--IF he was an employee and not a rip off independent contractor-w/o insurance. Sounds like a 1099 worker.........And he is NOT in or from calif......
     
  8. MKBFARMS

    MKBFARMS Bobtail Member

    2
    1
    Dec 8, 2009
    Blairstown, MO
    0
    Thanks, for the advice. I will be consulting an attorney tomorrow. Actually had an ultrasound on my leg today, while they didn't find anything yet, all signs still point to a clot, and leg still hurts. Hell Im only 38 and Im not in too bad of shape for the shape Im in. I dont need these kind of medical problems, oh well I guess Ill just have to deal with it. It will give me an excuse to have a few beers at night when Im home, that what I tell my wife:yes2557: Thanks again!
     
    jtrnr1951 Thanks this.
  9. GasHauler

    GasHauler Master FMCSA Interpreter

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    Oct 23, 2005
    Vegas/Jersey
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    He's not entitled to W/C unless the job caused it.
     
  10. Pur48Ted

    Pur48Ted Road Train Member

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    Grand Rapids, MI
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    First of all, you need to FILE A CLAIM against the "EMPLOYER" thru your state's DEPT of LABOR, you can find the FORMS here.

    DON'T GO TO THE EXPENSE of hiring a Lawyer UNTIL you find out if your State will do it for you (free). ALL States will, most even collect.

    I can just about guarantee that your former EMPLOYER is going to claim that you were CONTRACT LABOR (they usually do). THAT IS FALSE.
    You can find supporting information here. AND if he tries that he might find himself outside Illinois Law:
     
    rookietrucker Thanks this.
  11. Pur48Ted

    Pur48Ted Road Train Member

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    Grand Rapids, MI
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    Nope.....if he is owed money (wages), The STATE does it for FREE.
     
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