Mike,
Take it easy. Take a break and cool down. You are posting your personal information on a public website. Someone might use this information to defraud you or cause you some kind of harm. Ask yourself what you have to gain from this fight. If you are not going to gain anything let it go. This battle is going to consume you.
DRD Motorsports Inc. - Mt Clemens, Mi.
Discussion in 'Report A BAD Trucking Company Here' started by Pur48Ted, Jun 14, 2006.
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About the "six dogs" I mentioned, one of then STOPPED and cornered an ARMED crak-head suffereing from cocaine induced psychosis that broke into our house at 4 am (when I wasnt home). Had him backed into into a corner and held him there until the cops arrived. If I had been home, the M.E. would have been called to haul his worthless carcass to the BIG CHILL. Both my wife and I are trained in the USE of a handgun. Our neighborhood has changed in the past 16 years (she has lived there for 26 years) into a crak-infested neighborhood. The knuckle-heads won't even screw with us anymore. They tried ONCE, and decided to leave us alone when I "showed" them mine, after they "threatened" me for chasing them off my front porch (selling their dope) and called the cops.
Actually, you can find just about anything about anyone on the internet. Don't believe it? Try googling your own (home) phone number.
My "personal" information has been posted on public websites since 1997 and before.
What do I gain from this fight? The knowledge and satisfaction that I didn't roll over and pee all over myself like a puppy.
The phrases like "get over it" "let it go" or "get a life" send up red flags. They are the phrases that serial abusers use to enable their continued abuse. TRY Googling "Lies Abusers Say".
I AM NOT saying YOU or anyone else on this message board (with the exception of one person) are ABUSERS, I am just explaining WHY those phrases (and others) send up red flags.
You MIGHT find something like THIS (list shortened AND edited):
- I wouldn't FIRE you if you weren't so bad.
- We could make this relationship great if only you would DRIVE MORE HOURS.
- You own nothing, not even yourself. In my place of business, you are mine.
- In my place of business you will do what I want you to.
- I am the employer; therefore I know better than you.
- If you do this, nobody will ever talk to you again.
- You're bad. You're worthless. You're ugly. You're a BAD employee.
- You shouldn't feel that way. You shouldn't think that way.
- I never did that. It never happened. You're just making it up.
- You're self-centered, lazy, and irresponsible.
- You shouldn't let it bother you.
- You just remember what you want to remember.
- Don't talk about your experience with my uncontrollable outbursts of rage because it will embarrass me.
- I wouldn't do this to you if you weren't such a bad employee.
- You ought to be ashamed of yourself!!
- You only get what you deserve.
- You have to forgive your employer. You have to forgive him. It'll do you good if you forgive him. That's really the best thing for you.
- Why are you so stupid? Why are you so snotty? Why are you so hard to get along with? Why are you so [insert random meaningless accusation here]??
- You're overdramatic. You're obsessed.
- You made me mad. You provoked me. You made me do it.
- Your feelings aren't important. Your opinions don't matter. I'm the only one who can be right. I'm the only one who counts. I am the EMPLOYER, and YOU are just an EMPLOYEE.
- You never... You always...
- You're just overreacting. You're just making a big deal out of nothing.
- You're rude. You're uncooperative. You're unkind. You're just not a very nice person. You are insubordinate.
- You're not sensible. You don't think things through.
- You're the EMPLOYEE.
- You only like history because you're obsessed with the past. Why can't you look to the future, like me?
- What's wrong with you?
- I only treat you like this because you deserve it.
- I'd treat you better if you just tried harder.
- I'm only doing this for your own good.
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Those "answers to him" were only placed on the web site and WERE NOT sent via email, with the exception that I DID demand on several occasions he CEASE sending me any more email.
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Let's be clear on something. DRD Motorsports stopping payment on a check does not make him a criminal. It only indicates that there was a dispute between the two of you, and the letter(s) you provided a copy of, only indicates that a ruling came down that essentially ended that dispute. The action taken by Labor boards are not criminal complaints. Was he in the wrong? Who knows? I have my own opinion, but I'll reserve comment. I think enough has been said.
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WRONG, it is a VIOLATION of Michigan Labor Statutes (LAWS) to issue a STOP PAYMENT on a previously issued paycheck, it also violates additional Michigan Labor Laws to refuse to pay an employee, as well; it VIOLATES Michigan Labor Laws to DEDUCT anything from an employees paycheck with-out the employees explicit written permission. THAT makes him a CRIMINAL, because he VIOLATED LAW and was found guilty in an Administrative Hearing. HE is a CRIMINAL for requiring drivers to VIOLATE HOS regualtions, and to haul boats with-out the proper permits.
If you "view" the letter I posted you will see that he was ORDERED to pay a "PENALTY" (to the State fo Michigan) of $900, PLUS damages to me of %10 per year ($.49 per day).
http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-408-486&highlight=
PAYMENT OF WAGES AND FRINGE BENEFITS (EXCERPT)
Act 390 of 1978
408.486 Issuance of check or other order for payment of wages; violation; penalty; prima facie evidence.
Sec. 16.
(1) An employer who issues a check or other order for the payment of wages and who, at the time of issuance, knows or should know that the check or other order shall not be paid, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.
(2) Any of the following is prima facie evidence that the person at the time of issuance of the check or other order for the payment of wages, knew or should have known it should not be paid:
(a) Proof that, at the time of issuance, there was not an account with the drawee.
(b) Proof that, at the time of issuance, there were not sufficient funds or credit with the drawee and that the employer failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.
(c) Proof that even though presentment was made within a reasonable time, the employer did not have sufficient funds or credit with the drawee, and failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.
408.485 Failure to pay wages and fringe benefits as misdemeanor; penalty.
Sec. 15.
An employer who, with intent to defraud, fails to make payment of the wages and fringe benefits due an employee as provided in this act, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.
History: 1978, Act 390, Imd. Eff. Aug. 1, 1978
Compiler's Notes: For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at § 445.2004 of the Michigan Compiled Laws.
408.477 Deductions from wages.
Sec. 7.
(1) Except for those deductions required or expressly permitted by law or by a collective bargaining agreement, an employer shall not deduct from the wages of an employee, directly or indirectly, any amount including an employee contribution to a separate segregated fund established by a corporation or labor organization under section 55 of the Michigan campaign finance act, Act No. 388 of the Public Acts of 1976, being section 169.255 of the Michigan Compiled Laws, without the full, free, and written consent of the employee, obtained without intimidation or fear of discharge for refusal to permit the deduction.
(2) Except as provided in this subsection and subsection (4), a deduction for the benefit of the employer requires written consent from the employee for each wage payment subject to the deduction, and the cumulative amount of the deductions shall not reduce the gross wages paid to a rate less than minimum rate as defined in the minimum wage law of 1964, Act No. 154 of the Public Acts of 1964, being sections 408.381 to 408.398 of the Michigan Compiled Laws. A nonprofit organization shall obtain a written consent from an employee for deductions to that nonprofit organization that qualify as charitable contributions under federal law. However, this subsection does not require the nonprofit organization to obtain from an employee a separate written consent for each subsequent paycheck from which deductions that qualify as charitable contributions that benefit the employer are made. An employee at any time may rescind in writing his or her authorization to have charitable contributions deducted from his or her paycheck. As used in this subsection, "nonprofit organization" means an organization that is exempt from taxation under section 501(c)(3) of the internal revenue code.
(3) Each deduction from the wages of an employee shall be substantiated in the records of the employer and shall be identified as pertaining to an individual employee. Prorating of deductions between 2 or more employees is not permitted.
(4) Within 6 months after making an overpayment of wages or fringe benefits that are paid directly to an employee, an employer may deduct the overpayment from the employee's regularly scheduled wage payment without the written consent of the employee if all of the following conditions are met:
(a) The overpayment resulted from a mathematical miscalculation, typographical error, clerical error, or misprint in the processing of the employee's regularly scheduled wages or fringe benefits.
(b) The miscalculation, error, or misprint described in subdivision (a) was made by the employer, the employee, or a representative of the employer or employee.
(c) The employer provides the employee with a written explanation of the deduction at least 1 pay period before the wage payment affected by the deduction is made.
(d) The deduction is not greater than 15% of the gross wages earned in the pay period in which the deduction is made.
(e) The deduction is made after the employer has made all deductions expressly permitted or required by law or a collective bargaining agreement, and after any employee-authorized deduction.
(f) The deduction does not reduce the regularly scheduled gross wages otherwise due the employee to a rate that is less than the greater of either of the following:
(i) The minimum rate as prescribed by subsection (2).
(ii) The minimum rate as prescribed by the fair labor standards act of 1938, chapter 676, 52 Stat. 1060, 29 U.S.C. 201 to 216 and 217 to 219.
(5) An employee who believes his or her employer has violated subsection (4) may file a complaint with the department within 12 months after the date of the alleged violation.
(6) As used in this section, "employer" means an individual, sole proprietorship, partnership, association, or corporation, public or private, this state or an agency of this state, a city, county, village, township, school district, or intermediate school district, an institution of higher education, or an individual acting directly or indirectly in the interest of an employer who employs 1 or more individuals.
History: 1978, Act 390, Imd. Eff. Aug. 1, 1978 ;-- Am. 1993, Act 124, Imd. Eff. July 21, 1993 ;-- Am. 1995, Act 207, Imd. Eff. Nov. 29, 1995 ;-- Am. 1995, Act 278, Eff. Mar. 28, 1996
Compiler's Notes: For creation of bureau of worker's and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker's compensation and unemployment agency to bureau of worker's and unemployment compensation; transfer of powers and duties of director of bureau of worker's compensation and director of unemployment agency to director of bureau of worker's and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker's compensation board of magistrates to bureau of worker's and unemployment compensation, see E.R.O. No. 2002-1, compiled at § 445.2004 of the Michigan Compiled Laws.
© 2004 Legislative Council, State of Michigan
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You're arguing semantics, and not legal points. If he were a criminal, there would be a criminal conviction in a court of law. See...that's the issue you cannot seem to grasp. Without a court decree, your charges are unfounded. They are still charges. You can call him what you want, but that doesn't necessarily make it so.
I think if you will view the letter you posted yourself, you will not see anything that you claim on it in reference to a $900 fine and damages. The page even begins with the word "conclusion". All I see was that you were granted the amount of the check that was stopped, and unemployment compensation for an undetermined period of time. You were also denied your last check, reimbursements, layover pay, and holiday pay that you tried to recover. You can't even be honest about that, and the proof was already posted before you typed it.
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If a MAN robs a bank, he is STILL a criminal even if he is NEVER caught. If he gets caught and CONVICTED, he is a CONVICTED Criminal.
I NEVER stated Mr Derderian was CONVICTED of a crime, with the exception of ILLEGALLY
attempting to defraud me by issuing a WORTHLESS check, as evidenced by the NSF clearly stamped on the check
refusing to MAKE GOOD on such check with-in 15 days as required by Michigan Law, but instead; issued a STOP PAYMENT (which violates additional laws), for which I included the TEXT of the relevant laws, as well as the LINK to those specific laws.
Also, you will see on the other document I posted; CLEARLY he was ordered to pay a "fine" of $900. You will also notice near the TOP of that document; reference to one of his PREVIOUS employees who was also forced to SUE David Derderian for back wages.
That shows a pattern of WILLFULLY violating State Labor Laws. THAT is what makes David Derderian a CRIMINAL. For which YOU have no valid argument to disprove.
I NEVER stated I was denied "last pay" or out of pocket reimbursments, that was NEVER an issue here. Unfortunately; Since I am out of State and have been so since mid-October, I DID NOT even get the States determination until several weeks AFTER it was issued, blame that on my wife who didn't even open the mail until I instructed her to (in February 2006). By the time I was aware of it, it was too late for ME to file an appeal. Silly me.
But the most striking thing is: David Derdian "CLAIMED" that he DID NOT KNOW how much money the final weeks work should have paid, because he told the investigator "that he did not get the porrfs of delivery and didn't know how much they paid". How ridiculous statement is THAT? How many Trucking companies DONT keep records of what each load pays? Naturally, I DID supply HIM with HIS copies, and it has been my practice for about 10 years to make a COPY for myself (in digital format and KEEP, just in case some office worker loses it) , which I supplied the DLEG Investigator. Besides, you will find on his OWN website that HE "Requires a 50% DEPOSIT". That fact is posted on two other websites as well. (NOT including mine, although the LINKS to those "customer commentary" are found on MY website. It is a matter of SIMPLE MATH to multiply his "DEPOSIT" by two. So, the GUY LIES to the Investigator, during the HEARING. TOO BAD it wasn't in a COURT OF LAW where his LIES could have been exposed for what they were.
Reviewing the post that included the photos of the ILLEGAL Check and the State of Michigan Determination, it appears that I DID NOT post the one that that SHOWS the State of Michigan LEVIED a "$900" fine for his illegal action, but I WILL post that one as well.
I see that there APPEARS to ba an "additional" civil penalty of "$300" for violating "Section 9" of Michigan Labor Laws as well as $900.75 for violating sections: 5(2) and 6(1) -
Is he sleazy? Perhaps. Did he have to pay a fine as you state? It appears to be the case, although I am not convinced that the new page is a finding of sorts, since the total amount due still states $1801.50, but I'll be happy to retract my previous statement and I apologize because there is enough evidence to suggest that it's possible that he did have to pay a fine of some sort. You weren't awarded any damages though.
At this point and time, I have had something cross my mind. You have coughed up and scanned documents to prove that you did arrive at a settlement with DRD Motorsports, which was not really under challenge at the beginning of all of this, because I knew that he was definitely wrong to stop payment on a payroll check. So your dispute with DRD Motorsports is clear enough, but as to who did what and why is still is up in the air, but who cares? -
Helpless? I invite you to take me to court or file a complaint. But wait, you already did, and lost. And because you lost this is how you seek revenge, by lies and slander. keep beating this dead horse. Its not getting you anywhere. You were told by the mediator to sease with the hostilities and when you refused you stormed out of the hearing, but you still continue to blame others for your demise. Im enjoying this. And the more attention you bring to this the more you make yourself look bad by addmitting guilt in several areas.
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i cannot believe what i am seeing here. I was not fined by the state of Michigan, i was not jailed for any of these alledged crimes and i did not loose any authority for any period of time. and yes, Micheal Hankins is a master of fabricating incredible lies. he lost his job for poor performance and for damaging loads and for not completing loads. and so on and so on. i dont know why he makes up all of these lies from half truths to brgin with. but , he does. maybe you should just remove him from this site before he does this to you, or others
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