How might a trucking company retaliate for being reported for unpaid wages?

Discussion in 'Trucking Industry Regulations' started by Shelleyb1982, Aug 7, 2011.

  1. Shelleyb1982

    Shelleyb1982 Bobtail Member

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    Aug 7, 2011
    St. Louis, MO
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    My husband's trucking school called him and said that a small flatbed company in our hometown had called the school looking for drivers. The calls were made, and he was employed the next day.

    He worked for this company for 6 weeks, not ever receiving a paycheck. On the friday of the 6th week when he once again didn't receive a paycheck, my husband told the owner of the company he would no longer be able to work without being paid. The owner said, well, I have to lay you off anyway because I don't have the money I owe you (nearly $5,000). However, I do have $400 that I can give you towards what I owe. Then I can give you $500 on the first of every month until the balance is paid.

    Needless to say, beyond that first $400, he has never seen another dime of his pay. The Illinois Department of Labor has a claim process that a person can complete to retrieve unpaid wages. However, we are afraid that this trucking company will retaliate against my husband in some way for this. Let's face it, if you'll hire someone and not pay, and continue to advertise for more drivers when you don't have the money, you'll do just about anything.

    So, how might this company retaliate? We are new to trucking, and aren't well-versed enough to know all the ways this might go wrong. Our first concern is the guy trying to report negative (lies) on hubby's DAC, etc. What else could happen if we try to go after the guy for these wages? We have 12 months from the date the wages were not paid to file a claim. How long do employers have to report negative information to various agencies?

    Thank you!
    Shelley
     
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  3. Tazz

    Tazz Road Train Member

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    None. Hope you kept records of his employment(BOL's,Log Books, fuel receipts) report him to the board and file a complaint with the FMCSA.

    I would also be filing a small claims case (under $5000). Should have held the truck until paid or given a notarized promissory note for the balance.

    Hind sight being 20/20 fry this POS.

    He'll most likely try to crucify him when asked for confirmation of employment but any carrier will give you the opportunity for your side if you tell it first under the reason for leaving section of the app. Warn them that do to litigation and complaints to the labor board over unpaid wages he is less than likely to be complimentary.
     
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  4. Shelleyb1982

    Shelleyb1982 Bobtail Member

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    Aug 7, 2011
    St. Louis, MO
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    Tazz,
    Thank you so much for responding. Unfortunately, this is a local flatbed company with short daily runs and he didn't have his own truck to withhold. We have all of the yellow carbon copies of his logs, and people who can verify they saw him driving this guy's trucks.

    Because of how this guy screwed us, and the amount of time my husband had been out of school by the time this was said and done, he had to go to the company that could get him in the quickest, which was Werner (I know, I know). They wouldn't accept that six weeks as experience, so I wonder if he should even list the company as a place he worked in the future? Not sure how long he'll be where he's at. 50 more hours in training, then we'll see.
     
  5. Tazz

    Tazz Road Train Member

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    Always list it until ten years goes by.Werner gave him a chance make the best of it but even if they do not acknowledge the time not listing it in your husbands ten year history could be grounds for termination if they found out about it.

    Good luck with the labor board and all. Probably not gonna help but check out trucker justice. They pay amount owed would not interest them but if a lawyer smells punitive damages????? Might be worth a phone call.


    http://www.truckersjusticecenter.com/
     
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  6. Shelleyb1982

    Shelleyb1982 Bobtail Member

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    Aug 7, 2011
    St. Louis, MO
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    Your sound advice is very much appreciated!
     
  7. Hardlyevr

    Hardlyevr Road Train Member

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    And if he didn't pay the drivers then probably also was NOT paying any taxes, so you should inform big brother too!
     
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  8. Shelleyb1982

    Shelleyb1982 Bobtail Member

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    Aug 7, 2011
    St. Louis, MO
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    I'm sure no taxes were withheld from the $ 400check he got. It's such a screwed up mess. For example, he did 2 or 3 tarps a day (supposed to be $75 each), so he asked, "what about my tarp money?" The guy said, "Oh, the leasing company screwed up and paid your co-driver for your tarps." REALLY? All of them? He blames this all on his leasing co, because he thought they would pay him double so he could have a trainee and a co-driver on one truck for 30 days. . .but his misunderstanding or their mistake doesn't change the fact that he has to pay an employee who showed up every day and tarped and drove! That's my opinion, anyway.
     
  9. ChromeDome

    ChromeDome Road Train Member

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    I would try the official route now, and if that looks like it will take to long go for the small claims route.
    I would start on this tomorrow. The longer you wait the more chance that they will go bankrupt before you file. And if you file first you have a better chance to be at the front of the line.
     
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  10. rocknsand

    rocknsand Medium Load Member

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    Plus a small outfit like that is not going to be subscribing to DAC anyway. My company has 125 trucks and they don't mess with it.
     
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  11. Shelleyb1982

    Shelleyb1982 Bobtail Member

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    Aug 7, 2011
    St. Louis, MO
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    That's very possible. I know they have three locations in two states, but couldn't tell you how many trucks they have. Most everything I know I got from internet snooping. Found out about the two other branches of the business after finding out the guy's real name on the online registry for his wife's class reunion. Real name got me a cell phone number off of an ad for a truck he's got for sale online. He's a total scam artist. I guess I'm just paranoid about what to do, since this guy knows where we live, and knows I'm here alone a lot.
     
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