Wage Theft and the odds of recovering it?

Discussion in 'Experienced Truckers' Advice' started by gp100, Jun 12, 2022.

  1. gp100

    gp100 Bobtail Member

    14
    23
    Oct 24, 2013
    0
    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?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

    10,379
    11,224
    May 28, 2009
    Rancho Mirage, Ca.
    0
    Depends, it's a legal matter going to court. That means $$$ for a lawyer, time, delays.etc. Already your boss is denying your story.
     
  4. snowwy

    snowwy Road Train Member

    19,790
    12,333
    Jul 6, 2009
    0
    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.
     
  5. Six9GS

    Six9GS Road Train Member

    1,473
    3,693
    Dec 3, 2012
    Yuma, AZ
    0
    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.
  6. Dennixx

    Dennixx Road Train Member

    4,152
    12,718
    Feb 13, 2010
    twin cities
    0
  7. Terlingua

    Terlingua Medium Load Member

    487
    1,014
    Oct 24, 2021
    0
    Were you paid as a 1099 contractor?
     
  8. gp100

    gp100 Bobtail Member

    14
    23
    Oct 24, 2013
    0
    No I was a company driver. Apparently if I was a contractor they would legally have to show me the bill that shows the amount the truck actually made. As a company driver, I've learned that you pretty much have to take their word for it. They were a small family company and I thought I could trust their word. Man was I wrong!
     
  9. gp100

    gp100 Bobtail Member

    14
    23
    Oct 24, 2013
    0
    Unfortunately I don't have a signed contract. I was told when I hired in that it would be 30% of the gross. Some companies we hauled for gave the driver a copy of the bill that showed the rate, including fuel surcharge . I was paid 30% of that gross. When we hauled for companies that DIDN"T give the driver the full rate paid, that's when the skimming off the top occurred. The only way I knew was the payroll lady quit and she told me what was going on after the fact,
     
  10. Ridgeline

    Ridgeline Road Train Member

    20,732
    101,022
    Dec 18, 2011
    Michigan
    0
    No contract, no way to get money from them. Unless you want to go down the road with the irs claiming you were a full employee, you can’t do much about recovering money.

    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.
     
  11. Ridgeline

    Ridgeline Road Train Member

    20,732
    101,022
    Dec 18, 2011
    Michigan
    0
    Ok I didnt see this, you were a 1099 independent contractor, not a company driver. No they don’t have to legally show you the bill, you have to have a contract.

    by the way if you were an employee, you still would have a contract with a scheme of percentage payouts.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.