##### ### ######## are playing games with my money.

Discussion in 'Report A BAD Trucking Company Here' started by Lillyfat75, Nov 9, 2018.

  1. Lillyfat75

    Lillyfat75 Bobtail Member

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    I got hired on by a foreign owned company with 9 trucks.A small mom and pop company out of New Jersey.I didnt fill out an application cause I got on through a friend ,but I did do a drug test.I did 2 runs and decided that after being gone 10 years away from trucking I'm probably better off staying out of a long haul company ,or the industry in general.I worked/drove with my buddy before he gave me the truck when he quit so I'm owed those miles as well.
    The truck was a 2013 but it might as well have been a 2000 straight out of the junk yard pieced together.The truck was unsafe and broke down 3 times in the two weeks I was there.When you broke down if it was overnight you were essentially S.O.L.Since I was late on both loads( both long distance loads).They're telling me they have to wait on the brokers to pay me.
    Fast forward 4 weeks later and they're saying they need me to fill out an application before they can send me my money because they're honest people and are scared of getting auditing.I ran illegal the whole time and they wanted me to continue through with this.
    I start to fill the application out and I get a funny feeling that they now have power over my dac to screw me with the legal application...if it had been done in the beginning I guess I really couldn't say much,but it wasnt!
    Can someone please guide me to what's my best option?I'm thinking of If icant get my money from these "Putin ####heads",taking them down and making them just as broke and destitute as me will be equal its worth if not more.
    ..what to do?
     
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  3. driverdriver

    driverdriver Road Train Member

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    Call an attorney and talk to them.
     
    LGarrison Thanks this.
  4. CousinVinny

    CousinVinny Medium Load Member

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    Inform them that you will provide sworn testimony regarding this tax evasion scheme to the IRS and then place your right hand out in front with an open palm facing skyward.
     
    BigDog Trucker, stwik and Cam Roberts Thank this.
  5. moloko

    moloko Road Train Member

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    First, their nationality has nothing to do with what they are doing to you. Second, you need to get a lawyer right now. You also need to not post about specifics on a public forum like this. If you want a referral to a lawyer, I recommend posting your question on Avvo. This does sound shady as hell but it's nothing a lawyer can't fix for you. Long story short, they're going to owe you wait penalties and the whole nine yards. I think if you lost your job in the course of this, you might nail them on wrongful termination and that's a fat check my friend. Just calm down, and funnel all of that anger into finding the best representation you can. Also, everything you put in writing will be used to hang you so stop while you're ahead. good luck
     
  6. moloko

    moloko Road Train Member

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    Also, be very careful when you use words like , "illegal," to describe civil issues. Don't let what you write be construed as you threatening criminal prosecution for not paying you. Not that you intend this ,but just don't create the appearance of said impropriety. It can open you up to a claim for civil extortion if they say you're threatening them with "authorities" for not paying you. That's why you need a lawyer, this is tricky stuff. Here's the thing, they have no basis to demand an application now when they employed you without one before. They cannot keep your paycheck from you until you do this. If they're afraid of an audit, they're afraid of being caught for something much more serious than this. I wouldn't give them a single bit of information except a demand for payment in full plus wait penalties as applicable by your State.

    Check it out, I think the application gimmick is just a ploy to sign away your rights to sue. A small mom and pop company has a lot to loose. What they probably want you to do, is sign away your right to sue in the application; it probably has an "arbitration" agreement embedded in it, and then you'll have signed away your right to sue in State court, which is far more powerful than private arbitration. Don't sign <EDITED> except a retainer agreement with an attorney licensed in your jurisdiction.
     
    Last edited by a moderator: Nov 10, 2018
    Reason for edit: skirting the profanity filter
  7. moloko

    moloko Road Train Member

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    Also, they cannot run your HireRight background without your explicit consent. I think this is consumer reporting laws. They also cannot add information to your DAC report without first giving them consent to do business with HireRight , using your personal information. If they ran your DAC report without your written consent, have fun cashing that check was well because it's illegal
     
  8. moloko

    moloko Road Train Member

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    Tax evasion is a crime. It is illegal to threaten criminal prosecution in the context of demanding payment. It's called extortion, in this context, civil extortion. Don't listen to this. I get what this guy is saying, but you can't even threaten to do anything related to the State's criminal prosecution when demanding payment. It's the State's card to play, not the individual's. This is serious stuff, don't threaten prosecution, "cooperation," or anything like that in exchange for money...
     
  9. CousinVinny

    CousinVinny Medium Load Member

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    Look at this guy ruining the fun with his knowledgeable, well-thought posts.
     
  10. Lonesome

    Lonesome Mr. Sarcasm

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    CALL JUDGE JUDY! IMMEDIATELY! judge.jpg
     
  11. 8thnote

    8thnote Road Train Member

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    I highly doubt that the loss of 2 weeks pay was the final straw that cast you into the pit of destitution. Im going to go out on a limb here and guess that you have a long history of being "employment impaired". I would love to hear the other side of this story as well. As someone who does quite a bit of hiring and firing employees, your post has the distinctive ring of one who loves to make excuses and blame others for their self induced "bad luck".
     
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