Pushy Dispatcher threatens to fine me $600 is it legal?

No it doesn't. You can't sign away your rights to your own money. If the contract does say that, its null and void anyway. Just like you can't sign a contract that gives someone the right to rape your wife. Contract or not, its against the law. It's a silly comparison but it's the same idea.

But the fact remains we don't know if hes W-2 or not so until we do, it's a moot point. However, 1099 or not, he's got a right to his money. It's not a privilege to be paid, it's a right. And no contract will allow you to sign away that right. That's straight from the DOLWD in MS.

Remember, contract enforcement is done in front of a judge. No judge is going to enforce a contract allowing someone to take money at will from someone's paycheck or withhold money due to an independent contractor. Won't happen. I've seen instances where contracts had illegal provisions in them and the judge voided the entire contract. It's common.

My old employer tried to "fine" me for misuse of PC. Not what you think, but because they said I had illegally used PC to return to the yard one night after running out of drive time, completely out of drive time, even on my 14, when it took 9 hours to get me unloaded at a paper plant. Well, it was 11pm and our yard was only 35 miles away and I was not under dispatch, I was not advancing a trailer, I was going to the closest known safe parking place that late at night, my own yard. I passed one small truck stop on the way, it was full. They tried to fine me, it wound up with the OWNER OF THE COMPANY looking at my logbook and telling his office underlings to leave me the F alone, I did nothing wrong. He told me "Go out and make some money, don't worry, this is over." I got that call at the Loves in Batesville, MS. I'll never forget it.

Oh yea, what's really funny, is I called them from the paper plant and told them my plans to just return to the yard after being unloaded and the lady said "That's fine." Well then they audited my logbook and the SHTF. Then with threats of fines I had labor and wage talking to them and then the owner got involved.

I never got questioned again.

 

Ok. You’re correct. There are never any contracts signed in this business that have monetary penalties.

If he’s 1099 he’s not an employee, it’s a business to business contract for the most part. Same as me signing a contract to lease my truck to a carrier. And those contracts list what I have to pay if I screw up.

 

Tell him to pound sand, I am on my break.

 

You work there voluntarily don't you?

 

Honest talk, hand. I am trying to help you, not trying to be an A hole:

You teach people how to treat you.

Read your post really carefully.
Obnoxious.
Blowing up the phone while you are on 10.
Harassment.
Threats.

And you are asking about legalities? I would wager money that this is not happening to all the drivers this dispatcher deals with. Why’s it happening to you?

 

1099 is not an employee. For example, I pull for my customer. I am 1099 to them. If I haul their produce and don’t run my reefer and I ruin the load. I still get paid for the load? …. No, I will be buying the load. If you’re 1099 you are the company. You’re self employed. You can be held responsible fines per an agreement, just as you can hold the other parties responsible for monies owed per agreement. That’s one of the reasons why companies do 1099, to distance himself from liability. Entirely separate, no. But some is still there in case of safety, knowledge of fraud etc..You can go to court for anything and sue anybody as long as you fill out a form and pay a little bit of money.

 

look for a new job this dispatcher sounds like a dick and is all of the stress and drama worth it