Another Leasing Scam--advice please

You should not have been forced to take loads that you didn't want to take. However, if you were paid mileage for ALL miles driven then the company had a right to expect you to take any load they put on the truck. If you were paid percentage and you paid for your own deadhead then you should not have been in a forced dispatch situation. I really don't understand what difference it makes whether you were considered an independent contractor or employee unless you want to try and get the company to pay your taxes. Everything should have been spelled out in the lease agreement. All charge backs, deductions, compensation, etc., should have been listed on the agreement. Even if you are successful getting your maintenance money back, I doubt that you will be able to get the payments back. In talking with others who have done a lease purchase, some have a provision in the lease where if you don't complete the lease you lose any money that is in the maintenance account. The company also has a right to bring the truck back up to acceptable condition and deduct those costs from anything that may be due the operator. It is a good idea when turning in a truck to have someone from the company to inspect it and sign off that the truck was returned and was in good condition. If anything was damaged or not acceptable it should have been noted and signed by both the employee and the operator. Unless you are familiar with legal documents it is usually a good a to get a lawyer to look over the contract before signing it. Even if a contract is one sided, you are still obligated to abide by the terms.

 

It will basically come down to the contract that you both signed. I am not sure what you mean by them "discrediting any claims of depreciation." Intent also comes into play when it comes to contracts and behavior. From your post there were several trucks involved. I don't understand why you didn't consult with an attorney after the first incident.