cheat on lease agreement

legally you have the right to know how much a load is paying but is that the kind of relationship you wanna have with your company?

 

According to my calculations, taking 9% out of a $5,400 load would net you $4,914. If you're getting $5,000, you're being overpaid.

 

Ok lets talk turkey. They obviously have something to hide, which is normal. Pushing the issue is political suicide , they will show you the one document and then starve you or terminate you under some vague clause.

What do you mean you have another 5 months? There should be a termination clause in the lease ( like mine) that says something like " by any party for any reason with 3 days notice by fax, email or U.S. mail at the addresses listed" blah blah.......

Find that paragraph and own it. If they are not a good business partner then pull the lease and see them later......( be sure to check escrow refunds requirements etc ) Also be sure to read the negatives in the lease like" we'll keep your last check as liquidation damages ) blah blah......

This will not end well IMO. The lease is likely written way in their favor. Timing is everything. In my lease they keep the last check if I default on the lease SO if I were to terminate I would take a week off prior to so I can get the last settlement and minimize the financial damage .......

Good luck.....

 

If you think you are getting cheated, then hire an attorney to write a letter. Should cost about $150-300 for that service. Basically a letter from an attorney noting that bad things might happen in the event that they don't turn over all paperwork promptly to his address, etc. etc. should be enough for them to respond. If they don't respond then you have a choice whether to "let the dogs out".

 

If it's not killing you financially and it sounds like you plan on not renewing with them then why not this: Play the game (keeping VERY detailed records) and leave all nice, nice with some BS but understandable reason why: Better offer, own authority etc. Get your mitts on all your escrow. Once all chords are cut and they record your leaving in a happy ending way; then let an attorney dog off the chain on them and he can, using court processes force them to disclose ALL the records on ALL your loads and if there is a shortfall get it for you. There is a risk and an attorney is an investment with the expectation of a return on that investment. They might not owe you any money and non-disclosure turned out to simply be a privacy issue about freight rates that is applied universally even to internal employees that might not have a need to know, like the safety manager. If that turns out to be the case you lost money on the investment in an attorney. Or they might be cheating you and he can get you everything they owe you plus reasonable attorney, legal and collection fees. It's a pure investment risk/ return decision and I think no matter what anyone that posts may tell you differently; it's your business and nobody knows your business situation better than you. You'll probably get some good ideas on this thread.

Best of luck and be safe.

 

First, you sue for damages under a contract. I'm curious, when you entered into this contract, did you discuss how you would be able to verify payment for the load? Is it in your contract somewhere? Contracts are either, void, voidable, or enforceable.

Without an ability on your part to verify the load contract price, I would guess your contract is void on its face; on the theory that your broker never intended to be bound by the contract. However, it appears you have been working under the contract for a given time. So, your contract may be voidable for the same reason. Or it may be enforceable.

The biggest issue I see is that you don't have any way to evaluate your legal position in relation to potential damages, e.g. you don't know whether or not you are being properly compensated under your contract and because of that you don't know if you are suffering any damages.