If my employer doesn't pay me after I quit?

I have been through this multiple times (not as a driver) with attorneys and won every time. Even when there was a written contract stating that I was a 1099 independent contractor. The law (state or Federal) basically says that it does not matter what you call a worker, how you pay them, or even if there is a contract. It is the underlying relationship between the 2 parties. State laws differ slightly but most questions are yes or no. If he is driving a company truck and not leased then he is an employee. If he was told when and where to pick up a load and where to take it. This is one aspect referred to as control.

 

Don't feel bad, laddie, we've all been there. Doesn't look good, and many times, it's better to cut the losses and move on. If it was me, there would be some tires gone missing, or some dental work, but sadly, a lesson learned. We've all taken jobs with 1099s, never thinking about the future, that shiny large car was the cheese, but most, if not all, would never drive being paid by a 1099 again. Mileage isn't much better, and by the hour is the only way most would ever drive a truck again for, me included. Could there be some reason why they are holding the checks? Doesn't take much these here days.

 

In Florida an employer doesn’t even have to pay a W-2 employee. There’s absolutely no resources available in this state to help employees who got stiffed.

You being a 1099 “employee” are basically screwed if they decide not to pay you. Your absolute only hope is to take them to court..depending on the amount small claims without a lawyer would work.

Just keep in mind, you better have a signed contract because everything in FL is about the contract. He said she said doesn’t work so be prepared.

 

I have been too, and I have been in court over this in the past over the issue when I was in IT.

His having a company truck isn't what makes the relationship of an employee/employer, it is the nature of the work, the control over the work, and the decision-making process and how it is defined.

He is considered an independent contractor if he can make decisions about what loads to run, and when to run them, does not have to gain permission to take time off, and does not pay for the maintenance or repairs for the tools. The 21 points from the IRS are just a base for this, they are the first ones who can determine what he is, they can nullify the contract and force the employer to pay both back wages and their share of taxes.

The state may defer to the IRS or the DoL for a determination, as many cases are complex. Courts have set the standards, not the law, they have reinforced much of what I said, but the state can reject the application for determination of employment status if the contract is in place.

Furthermore the only means to recover back wages is to engage a labor lawyer, they can determine which jurisdiction to file in and what outcome can happen.

The really important point is drivers who keep going to these pos fleets and then cry when crap happens.

 

While I agree with being prepared, I wouldn’t let it consume me. Quite possibly your boss is a stand up guy who doesn’t want any bad publicity.. Sometimes we stress ourselves out over nothing.

I’m from Florida and dealt with what you’re imagining could happen. In the end I walked away from $5k that a scumbag cheated me out of. Tom Fluelen leased trucks from TUN Express..
If that’s who you’re dealing working for just fill the engine with dirt before you turn it in because you won’t get a dime.

 

i seriously doubt you will embarrass the owner. further, you would have to show up at court, you got funds to get back there from MI, each time you have to go?

"suppose" for one reason or another, things get changed, like the court date? you got time to fly back and forth?

you may be 60 years old as you say, well to me, you should have known better than to get a 1099 job

find another job and chalk it up to what you should have already had....experience.

but you really think you're going to embarrass him.???

please wait for my next response, i can't stop laughing