Pre Advice if Company does not Pay! Another Chicago Horror Story

I think its under the same premise as if you were to go rent a car, which some people do specifically for uber/ridesharing purposes, they would still be responsible for fuel and paying a rental fee or even leasing for a set term, but they use that car under uber and are considered an IC. they move passengers/food/freight... and uber gives them a percentage. I did sign V.C. on contract, either way they have no grounds to hold the money like they say for 90-120 days even after they signed off everything was good, all documented, which I just got the feeling after they had lied on all loads about how much they were actually paying this was another attempt to just push things off, I know the longer this goes by the more hazy and foggy things get and then when confronted that I knew how they were stealing, told me I'm not getting ####, which I downloaded voice recorder to save everything as evidence.

Are you saying tell the Attorneys I want to file a complaint? and what part of the IRS would I speak with about this situation?
Thanks

 

I understand what you are saying. Technically I could have told them no I was not going to take a load, it was mainly by the second load me just wanting to get the truck back to the yard. I know its a gray area dealing with who you can consider an IC and employee and how much control over the IC one has that can ultimately classify them as an employee, that's why I think attorneys want to see how DOL handles this first, I owned a transportation business awhile back and attorney I used then, told me if they have 10 reasons why this persons should be classified as an employee you need to have 11 why they are an IC.

 

Ok Thanks, I have all evidence, so for now I will wait on DOL. I will keep this updated on what ends up happening next, for the very least for any other drivers that end up in a similar situation.

 

I see. I am not justifying anything because honestly it seems this will be a much clearer easier case if it is decided I was misclassified and there fore an employee, and understand what you are saying about not being able to make revenue outside of this and this not being a lease purchase. I was just trying to lay out everything on the table.

The contract says the carrier will make all payments due to individual contractor within 15days of loads being delivered and proof of signed BOLs, but also states further upon termination/resignation they will withhold any payments due for up to 45 days until truck/trailer and all other items are delivered back in satisfactory condition. Which I have already had everything signed off on, my problem was when trying to get ahold of them it became a lot harder and when I did they tell me 90-120 days now, and say thats the law, I asked to send me this law and they can't. And what followed was me calling them out knowing how much they were stealing off the top of each load, and giving them a few choice words, to only get laughter and told Im not getting anything.
I had already felt they were just trying to delay time giving that 90-120day stuff, hoping I would forget or I would lose most evidence by then. I just don't believe even if I wait out the full 45 days I will be paid anything knowing how they operate brazenly enough to be stealing that much from drivers. Plus definetley not the full amount of what I truly grossed.

I could also send you a copy of the contract in a private message, if thats allowed on here, as well as an outlay of what I was told I was grossing compared to what I know was really being paid by the broker, plus all my toll and fuel receipts, me playing there game I was gonna settle for about $5500 off what I was told I was grossing, but know in reality its closer to 10k which they owe me. again I have copies of everything from BOLS, Text, Rate Con straight from Broker, Brokers numbers, Receipts, Equipment Return Sign offs.

So technically they could use the time period stated in contract is not up with my first load being delivered on Monday Aug 2nd and the Last on Monday Aug 9th. But I don't trust anything about this especially after knowing how they lied and with them telling me I am not getting S#$%, and don't contact them anymore.

I also don't know how long this DOL Investigation is going to take, its through the IL DOL not the state I live in. I don't have an attorney just yet, just had 2 that said they would be interested pending me putting in a complaint to the DOL and outcome. Just wondering should I give them (this company I was at) a chance anymore and wait the 15-45 days thats stated in the contract even though they say 90-120, again this was before I let them know that I knew the whole time about them stealing, or continue waiting on DOL, or just go forward with an attorney and let the attorney know I want to get this resolved now? I just don't want to sit and waste time with this knowing I truly grossed them around 17k in 9 days running almost 6k miles and they are gonna walk away with this. With the more time going by the more foggy everything can get.

Again I won't be too upset if an Attorney takes a big chunk, I just want them to know that unlike a lot of other drivers, I intend to see this through, and know they will more than likely set up show under different name, but its mainly principle at this point. Yes I want to get paid but I am already chalking this up on a lost, and learning experience for 9 days of my time and hard work in that time but glad I wasn't there for months/yrs before learning the scam they have going on.

 

Of course I am not the first to get screwed, I already have another job and sure not the first to try to do anything, but I am gonna try, otherwise every driver could just say whatever Ill leave it alone, and these places not just Chicago but all over would screw drivers knowing there will be no repercussion if everyone just said OH Well, you got me, Ill just move on.

 

LOL, but that is how I felt at first. Just had to step back and realize my entire life is not gonna depend on doing that for the few min I get of redemption. Been through the mud in my life, I got where most of these scumbags live personal info, past work, numbers. almost everything. Coming from Juvenile and group homes with no family in my life I am just like everyone else trying to make a decent living doing the right thing in life, but not much to lose. 30yrs old just not trying to be in prison for life like my Dad, for something that only cost me 9 days of my life that would end up with me being in that same situation. So I am going the legal route first, and will try my best this way.