3 weeks unpaid +bomb

If you are an Independent contractor, 1099 is the name of the form you receive at the end of the year for tax purposes. as an Independent Contractor you sign a lengthy agreement that covers everything..

As a recruiter/staffing agent I work with independent contractor positions often. Most contractor agreements are several pages, you have to initial each page, and then there are generally about 3 to 4 areas on the contract that need your signature.

You also should have received a copy.

You need to go back over your contract, carefully and thoroughly, which you hopefully did before you signed it.

There should be a something in there covering what the company is responsible for if the business closes or goes into bankruptcy.. also what you as the contractor needs to do regarding company property.

It does not matter what was told to you, it matter what was in the contractual agreement you signed.

If you did not go over it paragraph by paragraph, before you signed it, you may be surprised that there is a paragraph stating that you the independent contractor only get paid when and if the company receives payment.

It is important for you to realize, that as an adult you are responsible for your actions, or lack of, irregardless of what the company has done or is doing.

Meaning, if you sign the contract stating you would return the company's property in good condition. Then that is what you must do.

Go over the contract you signed, then try to figure out the best course of action you can take.

Most importantly do not hurt yourself trying to hurt the old man.. it is not worth it.

 

I was talking about myself with not receiving last paychecks, not for him

 

Load insurance they charged me for the deductible. Without my knowledge, until I didn't receive my last paychecks

 

Here is the thing people....

Stop signing your name on anything until you actually read everything and read it all again.

Not just sign that you received, read and understand the employee handbook, or the independent contractor agreement and not actually read it.

I remember when I was in orientation, everyone was just signing away, I was reading everything carefully... they tried to soft pressure me into signing it then reading in the hotel later so I wouldn't hold up everyone in orientation.
But, I said I wouldn't sign until I knew what all I was signing.. so everyone took a break while I sat and read.
It was a good thing I did, because there was a few things I had questions on. There was one thing I didn't like, so they had me continue with the class, come in earlier the next morning where I went over it with the fleet manager and another manager and had an amendment added before I signed it.

Anyway, there may be things you are signing making it okay for the company to do things you now feel jilted about...

 

I read before I sign, the fact is I had 2 other loads that were short as well. Took out sealed/ brought in sealed. I did everything the same way I did this one, and all of a sudden I'm being charged deductible. It doesn't hurt to try..

 

It's called conversion and is illegal. You can't hold the truck. But you could charge storage. As long as you notify him of your intent. If he can't pay your wages, how will he pay that? Good luck.

 

Would it be wise to contact OOIDA(? "Spelling") and ask them? State Attorney? Any and all licenses, bonds, insurance that lessor has and has to have?

I dunno, just throwing ideas out here even though it sounds like you have some btdt and trade advice (gotta be careful on calling it "professional" advice for legal reasons).

 

As someone else said you might be able to make a deal with him to take the truck for the wages he owes you. Not likely but maybe.
If so you would need to make sure and get a clear title.

 

Two things.

First as a common practice I go through the contract page by page with a driver(s) to make sure they understand EVERY clause in it and have them initial it when we go on to the next clause. This is for their protection as much as it is mine.

Second I have to correct you, a driver always gets a copy, if they don't, then they need to walk. The same thing goes for getting a copy for legal advice, they should get it and have someone legally smarter than they are go through it with them.

DID you understand it?

I was the one to suggest that, plus I suggested three different means of communicating, then if nothing happens after that, may be going to a lawyer to put a lien on the truck can be done in some states but as mentioned what does the contract say.

 

@Ridgeline i wouldn't of signed if I didn't. Not one part said I would be charged. From reviews I've read they have filed false insurance claims, against other drivers.