When suing for unpaid wages what are the recommended steps?
Discussion in 'Motor Carrier Questions - The Inside Scoop' started by roaddogz1966, Sep 25, 2016.
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Well if there is no records and paper trails apart from a log book, you probably don't have much of a case. There really isn't proof either way if he paid you or not. Might be better in the long run to save that money you'd have wasted paying an attorney and chalk it up as a lesson learned.
(Lesson being do everything open and transparent.)Last edited: Sep 25, 2016
G13Tomcat and TROOPER to TRUCKER Thank this. -
The burden of proof is on you. You have to be able to show the judge or jury on a cash job. How many miles etc does not matter. Can you prove beyond a reasonable doubt you didn't get paid?
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tucker Thanks this.
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I'm just wondering is the Dept of Labor is my only hopes of getting some of my money back?....They said I was entitled the hours worked at minimum wage...Is there anyone else out there who might assist in collecting?
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http://www.thetruckersreport.com/tr...oilfield-or-crazy-horse-express.301332/page-2
Read post #28. He claims that text messages do not hold up as evidence of an agreement. Any truth that @TROOPER to TRUCKER?
Last edited: Sep 25, 2016
TROOPER to TRUCKER and roaddogz1966 Thank this. -
If you were on 1099 you were a contractor not an employee in the eyes of the law and therefore are not entitled to wage recovery. You would need to take them to small claims court for unpaid invoice, or attempt to charge them with theft of services. Honestly, put this one in the stupid tax column, call it an expensive lesson and move on. Stay away from the 1099 scam outfits, you are more likely to have these problems with these types of operations.
roaddogz1966 Thanks this. -
And, leaving the equipment you were operating in a truckstop instead of back at their yard, expect them to counter sue or counter claim against you for the cost of recovery (bringing that truck back to their yard), which is a legitimate claim. You could end up owing them money when this is all done. $1,300 is a lot of money but really not worth the effort to collect.
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