My son took a new job a few months ago with a company paying very good money. He moved across the country for this job. About two weeks ago he, along with the other drivers, received a notice in their paychecks the company is revamping the manner in which they pay the drivers. He no longer is receiving mileage or per diem pay and the company is paying a flat rate salary per job. He is losing $150 to $350 per week making this great-paying job only average now. He never would have moved across country for this job for the current pay scale as it is an area with a high cost of living. He doesn't have a contract or anything in writing, only a verbal agreement and past paychecks to show what he used to earn. Company only has a dozen or so drivers but the owner has several different branches of the company running different types of trucks and services under other names. Does he have any recourse or should he just move on and maybe come back home? He's not earning any more now with the new pay scale than he was at his old job before he moved. Anyone have any legal experience with something like this or should he just cut his losses now and get out? My personal thoughts are this type of bait-and-switch is indicative of an unethical business and the future will probably bring additional problems of all sort. Thoughts?
Need advice about company screwing with pay from armchair lawyers
Discussion in 'Experienced Truckers' Advice' started by 900,000-tons-of-steel, Jun 15, 2014.
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With no written contract he is an "employee at will", which means he can be fired at any time and I also believe it means the employer can alter the terms of employment at any time (including pay). His only and best recourse is to quit and get a better paying job. It's unfortunate he moved cross country to take this job, but he will be much better off leaving this owner in the rear view mirror.
My brother leased on as O/O with a company a couple of years ago. As is described in your situation the owner had several smallish trucking companies and liked to continuously see how far he could push the O/O's or company drivers. "Gosh the economy is so bad, I can't pay you what I was paying you." The upshot is that he had that many companies because he is staying one step ahead of bad CSA scores. A shady business owner is best left behind.900,000-tons-of-steel and 70s_driver Thank this. -
He is an at will employee so he can be terminated without cause.
From the Dept. of Labor FAQ's
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Richter, chalupa, 900,000-tons-of-steel and 1 other person Thank this. -
Just move on..things will get worse before they get better
900,000-tons-of-steel and 70s_driver Thank this. -
In a situation like that, especially one involving a long distance move, cut your losses and get out before the situation worsens. This sort of thing often happens when the owners get in a sticky spot somehow, and start restructuring things in an attempt to pull as much money out of the organisation before it tanks. Any number of things can bring it on...overspending on equipment and subsequently losing a vital contract, financing the owner's kid's cocaine habit, jerking employees on pay for years and then realizing it can in fact turn around and bite them, and the list goes on and on.
I've left 2 separate small companies for monkeying with pay, and am a member in a class action against one of them. Call me a pessimist, but there's no reason to stay on with an outfit having that kind of business ethics.Lepton1, 900,000-tons-of-steel and 70s_driver Thank this. -
Legally, with no contract the company could change it's rate whenever they feel like it. Unethical..yea, illegal, I wouldn't think so. Id suggest not quitting untill he has somthing lese lined up. Then before quitting have a sit down with the boss and try to renegotiate. If that fails, jump ship. If your son is a new driver he is lucky to mak average.900,000-tons-of-steel and 70s_driver Thank this.
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Here's another trucker trickery......Langer came to Houston wanting to steal business from the locals...ok fine, many have tried , most tucked tail and left. Anyway they paid the local boys $23 an hour, every hour and filled the seats. Also pick up some of the best line haul guys around with top dollar and started running.
As predicted the carrier couldn't possibly keep paying these rates especially chasing Dow accounts, the money isn't there. The nay sayers said "you watch, this will last 6 months and they will cut the wages" Well sure enough, started a couple of weeks ago, drivers trying to go back where they came from, others just leaving and so on.
Now the experts tell me when this venture to Houston was planned , so was the cut and an "acceptable loss " of drivers was noted in the plan with the desert being the carrier is here and established.
It's a rotten deal I'm sure for your son......If it were my son I would say 2 choices, search the area briefly for another position or pack the bags and head home. I certainly would not continue to give 100% to these guys....
JMO900,000-tons-of-steel and 70s_driver Thank this. -
One great reason for being an owner. Lease out or go independent. Also, there are good companies, but the one your son hired on to was in financial trouble, cutting costs by lowering driver wage, a major line item for trucking companies. He needs another company. Soon.
900,000-tons-of-steel and 70s_driver Thank this. -
Condo's post says it all. An attorney one told me he could walk in his front office and fire every secretary he had working for him, without any excuse. He said hed be crazy if he did but he could. He said that's what employ at will meant. He said the employer is free to set their own rules and regulations, or even terminate the employee if they want and mutually, the employee could leave the company at will, with no reason for leaving.
Me, personally, I would exercise my right in this situation because it will probably only get worse. (I would make sure I had something to leave it for first though- maybe something closer to home?) JMO900,000-tons-of-steel Thanks this. -
Typical "Shady company.He probably gets a fat bonus for saving the co money.Seen this first hand. Brought in a new big wig.Two weeks later he decided" Hey these guys are getting paid too much" so a letter about a new pay scale for hourly(16 max for hourly) some were making 18 and 14 max for straight truck driver. One was making 16 at the time.Most drivers left within 6 months.But there was a greenhorn glad to fill your job with no experience. They also took the workload overall up by 400% in a year. Talk about a cluster. Yeah, move back home.900,000-tons-of-steel and 70s_driver Thank this.
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