When suing for unpaid wages what are the recommended steps?

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by roaddogz1966, Sep 25, 2016.

  1. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    That is gonna be a tough one to win.
     
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  3. roaddogz1966

    roaddogz1966 Bobtail Member

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    Well, I have excellent copies of all my loads, excellent logs....The truck did have prepass so if somebody looked into the history of that prepass it would match my logs...I hate to spend $2000 on a lawyer for the $1300 that is owed unless the lawyer can force them to pay his fee
     
  4. AModelCat

    AModelCat Road Train Member

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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
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  5. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    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?
     
  6. roaddogz1966

    roaddogz1966 Bobtail Member

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    Yes...when I got paid they always had a load bringing me through their town to collect my money, however the last week I worked for them they purposely sent me on loads that came nowhere close unless I go off route about 200 miles which they did not approve...I asked them to send it Walmart to Walmart or Western Union or just put it on the fuel card....I was willing to pay the fees that come with that....But, these low life Bosnians kept playing games with me...So I sent them a text that the Truck will sit until I get paid...They made some threats so I called the police and parked it at theTruckstop and handed over keys and the fuel card, and found my way home...I proved by text with the police that the working conditions were horrible and they said I need to get a lawyer.
     
  7. belowspeedlimit

    belowspeedlimit Medium Load Member

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    You my friend are basically phukt. Best just move on.
     
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  8. roaddogz1966

    roaddogz1966 Bobtail Member

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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?
     
  9. AModelCat

    AModelCat Road Train Member

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    Last edited: Sep 25, 2016
  10. brian991219

    brian991219 Road Train Member

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    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.
     
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  11. brian991219

    brian991219 Road Train Member

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    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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