Beware of 1099 Companies

justa_driver · Jun 1, 2016

bat1961 said: ↑

Been driving a truck for 15 years,have a great safety record and all,but im slightly overweight 6"ft 255LBS.
So all the good companies want you to go to concentra for a physical.And at concentra says that under there guidelines i need too take a sleep apnea study.Not going to happen,so i turned down a job with Ryder.So i go to a small operator,which was ran by a husband and wife.Seemed like a really nice young couple.After a couple of weeks.i am asking when am i going to get paid,and i am told oh next week,we hold back 3weeks,due to being paid by the broker,.I finally get paid,so i decide to just give this job a little more time.And they keep delaying the money for the loads i completed.And i said this is enough and told them that after the load i was under that i was quitting.So when i go into turn in my Bols,and to collect money due,they start making all kind of deductions,400 for log violations,250 for truck detailing,and then they said that the GPS was misting and charged me 499.00.So i asked them if they had the serial number,because i was going to file a police report,and i did.but was told they had to do it,since it was there truck.and then they would not give me a print out of the list of deductions,but they showed me a employment contract that i failed to read when i filled out there application,so kept it,since they did not give me a copy.So for 4900 miles i was paid 597.00.here is there fraudulent contract.
REVISED 2014 TOP NOTCH TRANSPORT DRIVERS CONTRACT
This letter will serve as a contract between you, the contract driver, and Top Notch Transport. As a contracted driver for Top Notch Transport you will receive a 1099 form for the current year tax season for all earned income.
This is in regards to late deliveries/ pickups, damage to the freight and equipment, driving out of route miles without prior authorization, load refusal for any reason that we have booked and agreed to transport for our customer and that has to be re- powered, and non-authorized repairs.
We will be withholding 2 week paycheck that will be kept in an escrow account to help offset cost for damages to freight and equipment (that could have been prevented) out of route miles, late deliveries/ pickups, refusal to haul load(s).
Please note that should you decide to leave your contracted driver position your equipment should be returned in the order which it was issued to you if not in better condition.
Should you decide to abandon the equipment you will be charged for all recovery costs to recover the vehicle and cargo.
Contract drivers will be billed and may receive disciplinary action or discharged for the contracted driver position for equipment and load
Tools in each truck need to be kept in the way they were received or there will be a charge for new purchase at the time you leave $175.00
A cleaning fee of $250.00 will be assessed upon discharge or resignation.
Disciplinary and/ or dischargeable items include but not limited to:

Unauthorized out of rout miles: @ $1.00 a mile
* Preventable damage to equipment: will vary on parts and labor cost (not doing pre trip inspections)

Late pickup/ deliveries: $25.00 per hr- unless previously arranged with no disputes from broker.
* Load refusal: Contract driver will be assessed a min. of $500.00 in administrative fees to reroute another tractor to deliver your load.
Minimum recover cost of $1,000.00 for abandoned tractor and/ or trailer.

All insurance deductibles, load claim or deductibles, and road service calls will be responsible by and billed to contracted driver if at fault due to driver cr equipment neglect and stupidity.
All drivers are to fill out a 1099 and by signing this contract you give up all rights to workers compensation and unemployment.
There will be a $250.00 deduction for all and any log book violations and $200.00 deduction for violations to equipment that was undocumented.
* Top Notch Transport holds the right to revise, change and/ or add to disciplinary and dischargeable items.-
Click to expand...

Amazing! They cooked their own goose with that contract. LOL

justa_driver · Jun 1, 2016

bat1961 said: ↑

I sent a copy of the contract to an attorney,and he just called me and said that they broke state and federal laws.
first by misclassifying me as a 1099,and that i can get a lot more from them than they owe me.now its just a waiting game..Oh and have a website called top notch crooks,so when anyone
googles Top notch transport Glendale AZ my site is number 6 on the list.http://topnotchaz.net/
Click to expand...

Internal Revenue would love to get ahold of that. LOL

justa_driver · Jun 1, 2016

Raezzor said: ↑

You ever hear of some of the ridiculous things that rock stars ask for in their contracts with venues? Stuff like, a bowl of skittles with all the red ones removed, cheese cut in squares exactly 3/8" to a side and not a hair more or less, rooms kept at exactly 72.5 degs, etc etc.? You know why that is? It isn't because they are prima donna ########, for the most part. It's because that's the easiest way to tell if someone actually read and understood the contract. If they show up and there's red skittles in the bowl what else about the contract did they miss?

Now imagine you have a $150k truck that you are just going to throw the keys to some guy you don't know except for a cursory background MVR and PSP check. You want to protect your company from guys not doing their jobs and ruining your equipment and company record. And the easiest way to see how good they are at being detail oriented and doing their job is to start with the contract, and attach dollar amounts to penalties for not doing their job. If they read the contract then they know what is expected of them and the cost for not living up to those standards. If they don't, well, that's their problem.

You call them scumbags, I say they are business people who have no patience for idiots and ########. Have to say I identify with them more than the driver in this case.
Click to expand...

I say they are in big trouble!LOL

Tenn I See Trucker · Jun 1, 2016

bat1961 said: ↑

Been driving a truck for 15 years,have a great safety record and all,but im slightly overweight 6"ft 255LBS.
So all the good companies want you to go to concentra for a physical.And at concentra says that under there guidelines i need too take a sleep apnea study.Not going to happen,so i turned down a job with Ryder.So i go to a small operator,which was ran by a husband and wife.Seemed like a really nice young couple.After a couple of weeks.i am asking when am i going to get paid,and i am told oh next week,we hold back 3weeks,due to being paid by the broker,.I finally get paid,so i decide to just give this job a little more time.And they keep delaying the money for the loads i completed.And i said this is enough and told them that after the load i was under that i was quitting.So when i go into turn in my Bols,and to collect money due,they start making all kind of deductions,400 for log violations,250 for truck detailing,and then they said that the GPS was misting and charged me 499.00.So i asked them if they had the serial number,because i was going to file a police report,and i did.but was told they had to do it,since it was there truck.and then they would not give me a print out of the list of deductions,but they showed me a employment contract that i failed to read when i filled out there application,so kept it,since they did not give me a copy.So for 4900 miles i was paid 597.00.here is there fraudulent contract.
REVISED 2014 TOP NOTCH TRANSPORT DRIVERS CONTRACT
This letter will serve as a contract between you, the contract driver, and Top Notch Transport. As a contracted driver for Top Notch Transport you will receive a 1099 form for the current year tax season for all earned income.
This is in regards to late deliveries/ pickups, damage to the freight and equipment, driving out of route miles without prior authorization, load refusal for any reason that we have booked and agreed to transport for our customer and that has to be re- powered, and non-authorized repairs.
We will be withholding 2 week paycheck that will be kept in an escrow account to help offset cost for damages to freight and equipment (that could have been prevented) out of route miles, late deliveries/ pickups, refusal to haul load(s).
Please note that should you decide to leave your contracted driver position your equipment should be returned in the order which it was issued to you if not in better condition.
Should you decide to abandon the equipment you will be charged for all recovery costs to recover the vehicle and cargo.
Contract drivers will be billed and may receive disciplinary action or discharged for the contracted driver position for equipment and load
Tools in each truck need to be kept in the way they were received or there will be a charge for new purchase at the time you leave $175.00
A cleaning fee of $250.00 will be assessed upon discharge or resignation.
Disciplinary and/ or dischargeable items include but not limited to:

Unauthorized out of rout miles: @ $1.00 a mile
* Preventable damage to equipment: will vary on parts and labor cost (not doing pre trip inspections)

Late pickup/ deliveries: $25.00 per hr- unless previously arranged with no disputes from broker.
* Load refusal: Contract driver will be assessed a min. of $500.00 in administrative fees to reroute another tractor to deliver your load.
Minimum recover cost of $1,000.00 for abandoned tractor and/ or trailer.

All insurance deductibles, load claim or deductibles, and road service calls will be responsible by and billed to contracted driver if at fault due to driver cr equipment neglect and stupidity.
All drivers are to fill out a 1099 and by signing this contract you give up all rights to workers compensation and unemployment.
There will be a $250.00 deduction for all and any log book violations and $200.00 deduction for violations to equipment that was undocumented.
* Top Notch Transport holds the right to revise, change and/ or add to disciplinary and dischargeable items.-
Click to expand...

Wow...big mistake!!!! Always read what you are signing no matter how long it takes

Tenn I See Trucker · Jun 1, 2016

bat1961 said: ↑

I had never worked for a 1099 company before this one.That is why i wrote the heading Beware of 1099 Companies.from my unfortunate experience.They had 10 trucks and a few owner operators.so it was not a owner operator,and did a google search on them,and came up with nothing.And yeah im sure that when someone is handed a 15 page application that most people do not read every page,unless you where cheated like i was.So yeah they had every right to not pay me ,for failing to read the fraudulent contract Sorry for posting,
Click to expand...

I learned a long time ago read everything..

Tenn I See Trucker · Jun 1, 2016

HalpinUout said: ↑

Typically drivers with years of experience know better than to just sign something without reading it and don't even consider a 10-99 type of company therefor avoiding the mess your in. While you may get some money in court by the time you add up your time spent in court and waisting days off in court it won't amount to much.

Good luck to you.
Click to expand...

Somet8mes it's not about money...it's about principal.they need to be held accountable

mnmover · Jun 1, 2016

justa_driver said: ↑

I say they are in big trouble!LOL
Click to expand...

The reason they sometimes put these items in a contract to determine if the promoter actually reads the contract or not.

justa_driver · Jun 1, 2016

mnmover said: ↑

The reason they sometimes put these items in a contract to determine if the promoter actually reads the contract or not.
Click to expand...

Don't matter, they falsely classified that driver as a contractor- and at the same time, gave the reason he cant be a contractor in the contract- IRS will have a field day with that. They better be ready to pay some back taxes- and Fines.

superflow · Jun 1, 2016

Raezzor said: ↑

You ever hear of some of the ridiculous things that rock stars ask for in their contracts with venues? Stuff like, a bowl of skittles with all the red ones removed, cheese cut in squares exactly 3/8" to a side and not a hair more or less, rooms kept at exactly 72.5 degs, etc etc.? You know why that is? It isn't because they are prima donna ########, for the most part. It's because that's the easiest way to tell if someone actually read and understood the contract. If they show up and there's red skittles in the bowl what else about the contract did they miss?

Now imagine you have a $150k truck that you are just going to throw the keys to some guy you don't know except for a cursory background MVR and PSP check. You want to protect your company from guys not doing their jobs and ruining your equipment and company record. And the easiest way to see how good they are at being detail oriented and doing their job is to start with the contract, and attach dollar amounts to penalties for not doing their job. If they read the contract then they know what is expected of them and the cost for not living up to those standards. If they don't, well, that's their problem.

You call them scumbags, I say they are business people who have no patience for idiots and ########. Have to say I identify with them more than the driver in this case.
Click to expand...

Of course.... Make up some self serving policies, then go cower in the corner until something happens, then scwirm your way into the victims pocket because that's what the contract says
......... Yeah, we call them scumbags alright, we certainly can't say they are full of integrity now can we?
.... I'm sure this driver has learned a good lesson and I side with this driver more than this company that has offered a 1099 or self serving contract.... In fact I wouldn't want to be in the same fox hole with the likes of someone like this neither

Toomanybikes · Jun 1, 2016

For a contract that is a couple paragraphs long, the OP should have took a minute and read it. Obviously they gave him every indication that they were shysters as if the 1099 didn't by it's self.

Other then the 1099 part that contract is not that different from the ones at each and every mega, only the OP should have recognized that these shysters intend to enforce all the provisions that allow them to collect money. At 15 years in the business, you should have learned something by now.

The 1099 is of course illegal, but he worked for them for such a short time that is damages are hardly nothing. No lawyer is going to take that pro-bono or percentage. Look for this guy to complain about the reaming he got from the lawyer next.

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