Wage and Hour Lawsuit?

Discussion in 'LTL and Local Delivery Trucking Forum' started by JetAgeHobo, Nov 1, 2014.

  1. 6 Speed

    6 Speed Heavy Load Member

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    And IC under the direction of a "single" work assignment planner is not a true IC.
    It is merely and employer dodging taxes and benefits due employee and IC will ultimately pay the price.
     
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  3. JetAgeHobo

    JetAgeHobo Light Load Member

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    Yeah, this one's going in the recycle bin, place was a bit dodgy anyway, other stories about goings on there, that shall remain unsaid. Any IC contract, read it carefully, know where you're going to get hosed, guess where they're going to put the hose, expect it and be done with it. No one holds a gun to your head and says you have to take the gig. Cover your butt and get on with life.

    Thanks for the input.
     
  4. chalupa

    chalupa Road Train Member

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    Interesting reading Victor........They didn't feel the need to report unionization but did report a material expense / settlement. Your right, that means it's going to hurt when they write the check.

    What's the basis? IC relationships or wage and hourly labor? FLSA violations ?

    Contracts of adhesion huh? Didn't know that..thanks. I always called them forced retention......Are you a mouth piece? Paralegal? Have Formal training?

    Just curious.....
     
  5. Victor_V

    Victor_V Road Train Member

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    A long time ago I had a bunch of personal litigation with the City of Bell Gardens, CA that snowballed into even more. The only one who understood the pressure I was under was a little appellate attorney in Huntington Beach, CA. He didn't have time to take on my case as HE was being sued as a party in another. He directed me to some cases that have stood over years and years and told me to read every case that mentioned them.

    I did and began to win. Eventually I convinced him to let me assist him on his briefs and when his partner died, I took that office, but not as an employee. Had an office in a law office. Helped attys write Writ of Certiorari, which is how you get from State Supreme or say, Ninth Circuit, to the US Supreme. Paid well, too. John did all State work; didn't do Federal.

    What I was doing was Federal.

    Con-way 10Q: http://secfilings.nasdaq.com/filing...Y+INC.&FormType=10-Q&RcvdDate=10/29/2014&pdf=


    So, as usual, the billion-dollar company fights like Hell right up to the eve of trial and then folds. Settlement to follow Jan 9, 2015. Expect big $$.
     
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  6. Victor_V

    Victor_V Road Train Member

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    No formal training.

    Back in 2008, had places in CA and Indiana. The mobilehome park in Cali started a bogus eviction against me while I was here in Indiana and didn't bother serve me notice. Their shyster atty just took it to court and got a default judgment, writ of execution and, believe it or not, moved my 14x70 mobile out of the park and sold it off while on appeal.

    Last heard of it was on its way to Mexico.

    90% of appeals done by attys fail. But that's the one thing I knew how to do well because John had an 85% success rate on State appeals. You should have seen the look on the appellate panel's faces when I told them that my mobile home was gone, gone, gone.

    They were visibly upset. I won the appeal and even though I was the defendant, the mobilehome park immediately offered me $10K to settle. I turned it over to another ######## law office that ran up exorbitant fees--well, the other side's costs, too. I'd guess it cost the other side $100K or more in costs. They paid $25K settlement and I basically got the $10K originally offered after the ######## law office agreed to discount their enormous fees down to $15K.

    Funnee.
     
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  7. 6 Speed

    6 Speed Heavy Load Member

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    Imagine how strong CF would be today had they put their assets back into Cornflake,instead of Conway.
     
  8. Rgillis7

    Rgillis7 Bobtail Member

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    Regardless of how you cut cost to a company as a ic or lp you will make money if you do it right. I've been an oo for the last 15 yrs and it takes dedication to make it work. As far as the lawsuit goes doesn't look to me like you have a leg to stand on....but I'm not the lawyer
     
  9. 6 Speed

    6 Speed Heavy Load Member

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    So your saying truckers don't deserve the same benefits and rewards given to other classes of workers?
     
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  10. Victor_V

    Victor_V Road Train Member

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    You can go broke either as LC, O/O or company driver.

    Equal opportunity...
     
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  11. chalupa

    chalupa Road Train Member

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    Indeed....true story.....
     
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