Can my Company fine me 1000$ for being out of service

06driver · Nov 8, 2018

ksray said: ↑

I have been recently given a contract by an employer that states if I get put out of service I am to pay 1000$ for any violation. And also an Escrow account. How bad is this, or is it a standard practice?
I am being placed in 2015 Freightliner Cascadia Flatbed hauling. I haven't signed the contract, they also have an escrow account that I pay 250$ a week into until it reaches 2500$

it is agreed that an escrow fund is set up at the time of the execution of the Agreement. to withhold the following:

$250 from the first statement followed by

$250 per week to the maximum of $2500

If for any reason, XXXXXX does not withhold dollars in a given week,

authorizes xxxxxxxxx to withhold (in subsequent weeks) any additional funds necessary to

make up for such deficiency. If Kxxxxxxxxy does not keep his Equipment operating for the

full term of the Agreement, the minimum fee paid to any regulating agency to certify such

equipment, or drivers, may be deducted from sums held in escrow. All escrow funds may be held

after the period of 45 days after termination of this Agreement, to insure payment of Kxxxxxxxxxxy
obligations, including cargo claims and liability claims advances, equipment rental costs, fuel

card advances or any other costs which are the sole responsibility of the xxxxxxxxxxn. Should

any claim not be resolved at the end of said 45 days, the xxxxxxxxxxx may retain the escrow

funds until claim is closed and Fuel Tax Return has been filed. If xxxxxxxx retains any

escrow funds beyond 45 days, the -x-x-xx-x-x-x- shall release any remaining funds after the fuel

tax return has been filed within thirty (30) days of the closing of the remaining claims. The xxxxxxx shall provide xxxxxxxx with an accounting of any transaction involving the

escrow account upon request of the xxxxxxxxxx.
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Run Forest run

ksray · Nov 8, 2018

I have tried to paste the entire contract into this post but it dies not allow me to because there are too many characters. I am not lying or trying to get a rise out of anyone. I am a greenhorn, that, has a wife and child to take care of and am trying to look at this as a learning experience. Everything that i have shared about the escrow and fines is written in this contract from a small outfit based in Chicago, i have omitted the names for obvious reasons.

ksray · Nov 8, 2018

diesel drinker said: ↑

They do.
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There is an addendum for clean level 1-3: 500$ 250$ 175$

Moose1958 · Nov 8, 2018

ksray said: ↑

I have tried to paste the entire contract into this post but it dies not allow me to because there are too many characters. I am not lying or trying to get a rise out of anyone. I am a greenhorn, that, has a wife and child to take care of and am trying to look at this as a learning experience. Everything that i have shared about the escrow and fines is written in this contract from a small outfit based in Chicago, i have omitted the names for obvious reasons.
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fair enough, and I understand. Just a question. Are you being paid a percentage of the linehaul what is called a 1099 operator, or is your "employer" going to issue an actual paycheck with the proper deductions like FICA?

ksray · Nov 8, 2018

Moose1958 said: ↑

Man I honestly think you have lost touch with good sense for some reason. I have not said I did not believe the OP, NOWHERE did I say or even imply this. I said I don't have enough information to judge.

NO employees don't get contracts all the time either. a NDA is an agreement now an agreement is like a contract in that it binds 2 parties. However the OP used getting a contract and employer in the same sentence. All I am asking for the OP to do is make this more clear. man your jumping down my throat for things I am NOT saying. I am actually reserving judgement here. If you feel you have enough information to judge then as I said go for it. Just grant me my rights to withhold mine till I get some points better clarified. If that is too difficult for you I am at a loss a what to say to you!
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The contract is being given to me by the O/O, stating that I am an employee, not a contractor.

ksray · Nov 8, 2018

Moose1958 said: ↑

fair enough, and I understand. Just a question. Are you being paid a percentage of the linehaul what is called a 1099 operator, or is your "employer" going to issue an actual paycheck with the proper deductions like FICA?
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As i was told by them, I would be getting paid weekly and responsible for my taxes at the end of the year. I do not get a percentage of the haul. I was offered either .xx$ a mile or a percentage of the haul. not both.

Moose1958 · Nov 8, 2018

ksray said: ↑

The contract is being given to me by the O/O, stating that I am an employee, not a contractor.
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This don't pass the smell test with me. I would never advise anybody to work under these rules. I agree with most of the other relpies now that I think I know what is going on. Run son, run like heck! There is much better places to drive. I'm serious, get out of that NOW!

Badmon · Nov 8, 2018

Ridgeline said: ↑

FIND ANOTHER JOB anywhere, even outside of trucking BEFORE you even consider being hired by him.
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I whole-heartedly agree with this

ksray · Nov 8, 2018

laaylor said: ↑

Is this a lease to own??? Or are you a company driver?
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The O/O is leasing the truck and flatbed for me. I was not told I was responsible for paying the lease or flatbed.

Moose1958 · Nov 8, 2018

ksray said: ↑

As i was told by them, I would be getting paid weekly and responsible for my taxes at the end of the year. I do not get a percentage of the haul. I was offered either .xx$ a mile or a percentage of the haul. not both.
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If I understand this correctly, you are being paid weekly but responsible for your taxes. An employer can't legally do that. They must contribute 7% to FICA. You are what some call a 1099 operator. Sorry, as I said in my last post, RUN LIKE HECK!

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