Legal Question Pertaining to Percentage Pay

Discussion in 'Experienced Truckers' Advice' started by generallee, May 3, 2014.

  1. generallee

    generallee Medium Load Member

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    I'm sure I'm not the first to question whether they are truly getting the agreed upon percentage of a load as agreed upon in the lease. Some of us that leased to a certain carrier have reason to believe the confirmations we received were not legitimately presented as they were received by the carrier from brokers. They all looked nearly the same and none had signatures from the broker and we suspect did not accurately represent what the loads paid. Do we have a legal basis for demanding to see the paid invoices from the carrier to verify what was paid and whether we were indeed paid 88% of the actual load?
     
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  3. justa_driver

    justa_driver Road Train Member

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    Noone is Authorized to give Legal Advise but an Attorney. If you and the others feel there may be something improper going on, you should consult an Attorney.
     
  4. generallee

    generallee Medium Load Member

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    I'm sure this very question has come up plenty of times. My question is simply do we have any basis to seek an attorney to have these records pulled.
     
  5. baha

    baha Road Train Member

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    Carefull it might be one of the last times you ask for anything from them.
     
  6. positiveone

    positiveone Light Load Member

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    Ya I agree with baha on this one. It is really hard to determine if you are getting told the correct amount for the gross pay. If there is a huge shot of reasonable doubt then you should move to another carrier. I fear that if you confront your current carrier you will get starved out or just let go point blank period.
     
  7. dude6710

    dude6710 Road Train Member

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    I see what they get paid and then what I get paid every time I'm dispatched. I don't see how they cannot legally show you this.
     
  8. G/MAN

    G/MAN Road Train Member

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    If you are supposed to be paid 88% of the load, I assume you are an owner operator. As an owner operator you are legally entitled to have a copy of the rate confirmation, if you wish. If you are uncertain whether the carrier is bring honest with you and you have a copy of the rate confirmation, give the broker a call and ask about it. Not all rate confirmations have a signature from the broker. For instance, CH Robinson no longer has a place for the agent or carrier to sign on the confirmation. Receipt of the confirmation assumes that both parties agree to adhere to the terms of the master agreement. There are others that now do the same thing. If you are an owner operator you should have a lease with the carrier that outlines the rights and responsibilities of all parties.
     
  9. generallee

    generallee Medium Load Member

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    Are you sure you're seeing exactly what you're carrier gets? Is it signed by the broker? Or is it a reproduction.
    We have reason to believe the confirmations may be altered or reproduced to reflect a different #. We're not exactly sure how but several things give us cause to believe it's not always accurate.
    We are just wondering if we have a right to inspect paid invoices.

    Also, keep in mind this is an extremely dishonest carrier in other areas as well and is a big reason we are terminating or in my case already have.
    They stopped payment on a check already sent to me 2 days prior to terminating and are into me for over $12,000 for 3 weeks of loads
     
    Last edited: May 3, 2014
  10. Gunner75

    Gunner75 Road Train Member

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    Seeing how you have multiple threads all asking for legal advice, you really should stop asking a bunch of armchair internet nobodys and go speak with a lawyer.
     
  11. generallee

    generallee Medium Load Member

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    Not looking for legal advice but just want to know if based on personal experiences if anyone can tell us if we even have cause TO seek legal action and if no one has an answer or ever experienced anything like this then that's fine. I planned on calling ooida in the morning cuz really it's a basic question. Does an owner operator have a right to ask for signed invoices from a carrier.
     
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