Fined by my company, is this legal?

It's amazing how riddled this industry is with fraud and deception, all under the watchful eyes of the FMCSA & DOT. Well done boys, you sure are earning your paychecks.

 

OK first I am going to ask a couple questions, first and most important - do you have a contract?

Second is if you do, what does it say about fines?

First DOCUMENT EVERYTHING, the dates of the load, the people you talked to, and so on. Every time someone calls, you log is with who, what and when. Also you need a copy of your logs.

DO not play phone games with these POS owners. Never mention suing them or any crap like that. DO not engage with them.

Do not accept anything with their name on it in the mail, do not accept any register letters by anyone you do not know. Sign up for the USPS mail alert emails so you know what is coming.

Get ahold of your state's labor department, ask them how to file an employment complaint.

Get ahold of the EEOC and ask them what you can do to file an employment complaint.

Get ahold of the IRS and your state revenue agency and ask them what is the process to file a misclassification complaint against the company.

The file a complaint with each of these agencies, start with the IRS and state revenue, then the state labor department and if you need the EEOC.

It will take a while but if the IRS thinks, doesn't have to prove but thinks that there is something wrong, they won't mess around, they will audit the entire company and they may make everyone there and past contractors employees and tell the owners they owe the IRS some money, and will not be nice about it.

It is up to you to pursue it, but if you don't have a contract (and a copy that you signed) you are an employee.

IF the contract doesn't have a thing about fines in it, then you could find a ambulence chasing Saul Goodman type to sue the crap out of them for breech.

 

Sounds like this "company" is operating illegally and breaking numerous laws in the process. Also, and I don't say this in a disparaging way, you sound like you might be an immigrant. I only mention it because these types of crooks love to take advantage of newcomers who don't know their rights. I apologize if my assumption about you is wrong.

With all of that said, I wouldn't worry about them. Criminals don't usually turn to the law for help. Just ignore them and they'll probably go away. Stick with W2 work going forward.

 

I think they are violating the contract they have with Amazon.

 

Sounds like the typical double/triple brokering out of Amazon. Using different DOT#'s on the truck to PU, different one on the road.

 

Your question is a contract question not a law/legal question. "Is the fine from your company legal?" The fine is either allowed or not allowed by the contract you signed. It's like asking is your girlfriend not loving you is illegal.

 

After reading your responses, I've come to the conclusion that you don't have a clue what you've gotten yourself into. Also, that whole "street DOT" vs. "facility DOT" sounds HIGHLY illegal. You need a transportation lawyer like NOW! And you need to research the companies you work for better next time, lest they take you for a patsy like these guys did. Better yet, you should never, EVER work as a 1099 driver unless you COMPLETELY understand the contract; even then, you are still about 90% likely that as a 1099 driver you ARE going to get $cr3w3d, regardless.

 

I hope you saved 25% of your income to pay the taxes owed or you will get another big surprise from the IRS.

 

You understand contracts are not typically reviewed by FMCSA & DOT. If some despetate driver or owner-op closes his eyes and signs a contract I don't see it as a failure of FMCSA & DOT. Nobody is here to protect drivers from volunteering to be ripped off. We used to train children to look both ways instead of rebuilding society so the most reckless & negligent can remain safe.