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Can my company do that?

Discussion in 'Experienced Truckers' Advice' started by truckintyger, Jan 3, 2013.

Page 1 of 5
  1. Jan 3, 2013 #1
    truckintyger

    truckintyger Bobtail Member

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    4
    Jan 3, 2013
    0
    Here's the situation. I am a company driver for a flatbed outfit in Chicago. While I was driving from Montana to Washington going over 4th of July summit my engine blew. That was on 12/19/2012. I was towed to Hayden, ID then told by my boss to fly home for christmas and they would put another engine in the truck. So NOW I find out they are investigating the reason why the engine blew. So they're holding my $1500 paycheck until the investigation is done. Can they legally do that? I'm a company driver not a O/O or Lease purchase driver. My position is 1099 but I don't own or lease the truck. Please let me know if there's anything I can do. PSM One Inc. is the company I work for. Any advise would be helpful.
     
    truckintyger, Jan 3, 2013
    truckintyger, Jan 3, 2013
    #1
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  3. Jan 3, 2013 #2
    david123abc

    david123abc Heavy Load Member

    839
    784
    Feb 2, 2011
    Augusta, GA
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    In the vast majority of cases, they cannot legally do that. But then again, they cannot legally pay an employee as an independent contractor, so what's legal doesn't really seem to concern them.
     
    david123abc, Jan 3, 2013
    david123abc, Jan 3, 2013
    #2
  4. Jan 3, 2013 #3
    123456

    123456 Road Train Member

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    Varies by state,

    and depends what kind of contract/paperwork you signed with them.
     
    123456, Jan 3, 2013
    123456, Jan 3, 2013
    #3
  5. Jan 3, 2013 #4
    nctrucker1977

    nctrucker1977 Light Load Member

    78
    31
    Jul 4, 2012
    Mebane, NC
    0
    I would contact the dep. of labor if it were me and see what they had to say...
     
    nctrucker1977, Jan 3, 2013
    nctrucker1977, Jan 3, 2013
    #4
    bender Thanks this.
  7. Jan 3, 2013 #5
    900,000-tons-of-steel

    900,000-tons-of-steel Road Train Member

    1,510
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    Aug 17, 2012
    Florida
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    Threaten the company with a contact to the Dept. of Labor for your state. If they don't budge, tell them you're telling the world about the company's behavior and business practices AND you're filing a complaint with the Dept. of Labor. Then come back here (and every other trucker forum you can find) and out the company by naming it.
     
    900,000-tons-of-steel, Jan 3, 2013
    900,000-tons-of-steel, Jan 3, 2013
    #5
  8. Jan 3, 2013 #6
    123456

    123456 Road Train Member

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    he named them in his first post
     
    123456, Jan 3, 2013
    123456, Jan 3, 2013
    #6
  9. Jan 3, 2013 #7
    123456

    123456 Road Train Member

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    and dept of labor, in some states isn't worth a hoot.

    Good Luck......
     
    123456, Jan 3, 2013
    123456, Jan 3, 2013
    #7
    DrtyDiesel Thanks this.
  10. Jan 3, 2013 #8
    Hardlyevr

    Hardlyevr Road Train Member

    3,270
    2,532
    Jul 30, 2009
    Mapleton Depot,PA
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    I'd say since you willingly entered into an illegal situation by being an employee but working on a 1099 that they can pretty much continue to mess with you however they choose.
     
    Hardlyevr, Jan 3, 2013
    Hardlyevr, Jan 3, 2013
    #8
    123456 and bender Thank this.
  11. Jan 3, 2013 #9
    bender

    bender Road Train Member

    2,105
    1,348
    Jul 20, 2010
    Don't Kid Yourself
    0
    Why not just call the IL dept of labor and inquire about how to handle the situation, I doubt you'd be their first.
     
    bender, Jan 3, 2013
    bender, Jan 3, 2013
    #9
  12. Jan 3, 2013 #10
    900,000-tons-of-steel

    900,000-tons-of-steel Road Train Member

    1,510
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    Aug 17, 2012
    Florida
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    Yep, you're right he did. I would have reserved it for the threat but now he needs to follow through with the Dept. of Labor threat and if necessary, contact the agency.
     
    900,000-tons-of-steel, Jan 3, 2013
    900,000-tons-of-steel, Jan 3, 2013
    #10
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