Has anyone had any success getting stolen wages paid back to them? I took a job with a small trucking company that promised to pay 30% gross of what the truck made per week. It was explained that the gross amount included everything including fuel surcharge. Some loads I was able to see on the bill the gross amount and was paid the entire 30%. I found out later from a disgruntled office employee that on the bills that I couldn't see what the truck made, the owner was skimming off the top.
I made a complaint with the labor board but they are taking forever and already told me it's my fault for not noticing the deductions. I tried to explain that I wasn't able to see the amount the truck made and was refused to be shown the actual bill but the investigator took it as me trying to argue with her and now it seems my claim went back to the end of the line.
Ive talked to a couple lawyers but they don't seem to understand the pay agreement and have no interest in learning.
I've since quit obviously but come to find out I've been ripped off for about 2 years which is probably a lot of money.
Is it worth continuing to pursue?
Wage Theft and the odds of recovering it?
Discussion in 'Experienced Truckers' Advice' started by gp100, Jun 12, 2022.
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Depends, it's a legal matter going to court. That means $$$ for a lawyer, time, delays.etc. Already your boss is denying your story.
bzinger, gp100 and Another Canadian driver Thank this. -
Did you have a contract signed for 30%? And that all rate confirmations would be shown.
Companies can show you whatever they want. Most don't do that. And usually fuel comes first and maybe company expenses. You get 30% of what's left AFTER expenses.gp100, RockinChair, Another Canadian driver and 1 other person Thank this. -
Well, no one can really answer that question for you. Here's the deal, regardless of much time, effort and resources you devote to trying to collect those wages, it is possible you will never get them back. That's the simple reality. It is also possible you do collect those wages. But, it is a gamble and the answer comes down to a personal choice. Many would just go ahead and walk away, cut their loses and live to fight another day. The advantage of that is that you can let it go and not have it eat at you anymore. Just let go. Others would choose to fight for it and, if ultimately successful, would be able to feel the satisfaction of having righted a wrong and recoup those loses. But, regardless of how much time, energy and resources expended to recoup those loses, they may never be regained, making it all a futile effort and then having, at some point come to terms with it unresolved.
From what info you have given, I'd probably try and find a lawyer familiar enough with trucking stuff to examine it and then give you an idea if you have much of a chance to get back your lost wages. Sounds like the lawyers you've spoken to either don't have enough familiarity with legal trucking stuff or perhaps they've simply given you the answer you don't want to hear and you are seeking additional advise hoping to hear the answer you want.
The whole situation sucks, I really do get it as I've been in a somewhat similar situation. I chose to drop it, live to fight another day and not have it eat at me anymore. I put trust in karma that in the overall scheme of things, the guy gets his just rewards. No idea whatever happened to him. It was a job I worked before I moved overseas many years ago. Wasn't until my tax stuff showed up did I find you how much he screwed me over and I also ended up having to pay alot of back taxes to those lost wages. Kind of an insult to injury.
Anyways good luck to you in figuring out your best course of action. There are more important things in this world than money, but money is really really high on that list of important stuff!!!gp100 and Another Canadian driver Thank this. -
If they were screwing you chances are they may not be fair with the IRS.
Tell them how easy it is to file a complaint that must be investigated if any merit at all.
Much easier to pay you.
How Do You Report Suspected Tax Fraud Activity? | Internal Revenue Servicebzinger, gp100, RockinChair and 1 other person Thank this. -
Were you paid as a 1099 contractor?
Another Canadian driver Thanks this. -
Another Canadian driver and bzinger Thank this.
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Another Canadian driver and bzinger Thank this.
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this is where drivers need to get smart, if there is a 1099 offered and no contract, do not work for them - period. The contract makes you a 1099 and the contract has to be detailed. If you want to claim your an employee, then the irs will only make sure your taxes are paid, the state labor board will see if your wages are paid up to a point but again no contract, no pay for a 1099.Another Canadian driver Thanks this. -
by the way if you were an employee, you still would have a contract with a scheme of percentage payouts.Another Canadian driver Thanks this.
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