Unpaid Wages. Any advice?

Don't forget to check back in and let us know how things go and most importantly, if you found a new, decent home.

 

You should also be able to file for unemployment benefits.
I just looked it up small claims is $10,000 cap so you should be able to get your money that way too.

 

where r u in florida ?

 

I don't think he qualifies for unemployment; he's retired and drawing a pension.

 

Well, that's good news then.

Entertainment
Nellis Air Force Base
Affordable housing
VA Hospital
Plenty of trucking jobs

 

Unemployment Compensation

 

§391.23 Investigation and inquiries.

(2) The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate. Each motor carrier must make a written record with respect to each previous employer contacted, or good faith efforts to do so. The record must include the previous employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented. The record must be maintained pursuant to §391.53.

(3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at §386.12 of this subchapter. Keep a copy of the reports in the driver investigation history file as part of documenting a good faith effort to obtain the required information.

As far as unpaid wages, take your log books, any receipts paid by you or the company while out on the road (showing dates and locations), and file a claim for unpaid wages. In California anyway, there are circumstances where you can also ask for "penalties".

Another thing I see being a problem though, is if the guy isn't paying you because he is going broke, you likely wont see anything from the labor board process and that process usually takes a long time. If he is just lying to you, giving excuses, and remains in business, you may just have a chance! Good luck and thanks for your military service!

(g) After October 29, 2004, previous employers must:

(1) Respond to each request for the DOT defined information in paragraphs (d) and (e) of this section within 30 days after the request is received. If there is no safety performance history information to report for that driver, previous motor carrier employers are nonetheless required to send a response confirming the non-existence of any such data, including the driver identification information and dates of employment.

(2) Take all precautions reasonably necessary to ensure the accuracy of the records.

(3) Provide specific contact information in case a driver chooses to contact the previous employer regarding correction or rebuttal of the data.

(4) Keep a record of each request and the response for one year, including the date, the party to whom it was released, and a summary identifying what was provided.