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Fuel surcharge question

Discussion in 'Trucker Legal Advice' started by tryin2bgoodguy, Nov 7, 2019.

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  1. Nov 7, 2019 #1
    tryin2bgoodguy

    tryin2bgoodguy Bobtail Member

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    Nov 7, 2019
    0
    I am an owner-operator working for a small company. I pay 22% of the flat rate for dispatch, factoring, and equipment rental. I pay all the things like ifta, plates, qualcomm, etc. They also take 22% of my fuel surcharge and have been doing so since i started working for them. Do i have a claim to re-coop 22% of my fuel surcharge for all the time i have been there? I pay for the fuel with the company fuel card so i am not sure if i have grounds for a lawsuit or not...
     
    tryin2bgoodguy, Nov 7, 2019
    tryin2bgoodguy, Nov 7, 2019
    #1
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  3. Nov 7, 2019 #2
    JonJon78

    JonJon78 Road Train Member

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    You should get 100% of fuel surcharge.
     
    JonJon78, Nov 7, 2019
    JonJon78, Nov 7, 2019
    #2
    jammer910Z Thanks this.
  4. Nov 7, 2019 #3
    zinita17601

    zinita17601 Road Train Member

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    Aug 19, 2010
    lancaster pa
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    What the contract says?
     
    zinita17601, Nov 7, 2019
    zinita17601, Nov 7, 2019
    #3
    magoo68 and 062 Thank this.
  6. Nov 7, 2019 #5
    tryin2bgoodguy

    tryin2bgoodguy Bobtail Member

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    Nov 7, 2019
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    I dont have a contract
     
    tryin2bgoodguy, Nov 7, 2019
    tryin2bgoodguy, Nov 7, 2019
    #5
  8. Nov 7, 2019 #5
    062

    062 Road Train Member

    5,849
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    If that’s true,then be glad they pay you at all.
     
    062, Nov 7, 2019
    062, Nov 7, 2019
    #5
    dunchues, Roberts450 and Long FLD Thank this.
  9. Nov 7, 2019 #6
    wichris

    wichris Road Train Member

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    7,544
    Jan 17, 2011
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    So you have no lease agreement at all?
     
    wichris, Nov 7, 2019
    wichris, Nov 7, 2019
    #6
  10. Nov 7, 2019 #7
    tryin2bgoodguy

    tryin2bgoodguy Bobtail Member

    3
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    Nov 7, 2019
    0
    None
     
    tryin2bgoodguy, Nov 7, 2019
    tryin2bgoodguy, Nov 7, 2019
    #7
  11. Nov 7, 2019 #8
    wichris

    wichris Road Train Member

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    Other than a requirement i can only ask why not?
     
    wichris, Nov 7, 2019
    wichris, Nov 7, 2019
    #8
  12. Nov 7, 2019 #9
    wichris

    wichris Road Train Member

    3,942
    7,544
    Jan 17, 2011
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    Maybe read part 376
     
    wichris, Nov 7, 2019
    wichris, Nov 7, 2019
    #9
  13. Nov 7, 2019 #10
    Long FLD

    Long FLD Road Train Member

    9,590
    37,332
    Mar 4, 2015
    0
    May want to get a lease agreement with them if for no other reason than it’s required.
     
    Long FLD, Nov 7, 2019
    Long FLD, Nov 7, 2019
    #10
    062 Thanks this.
  14. Nov 7, 2019 #10
    Ridgeline

    Ridgeline Road Train Member

    20,712
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    Dec 18, 2011
    Michigan
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    Are you using their dot numbers?

    If so there has to be a contract, fmcsa requires it.
     
    Ridgeline, Nov 7, 2019
    Ridgeline, Nov 7, 2019
    #10
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