“Contractor vs Employee”

So I'm assuming your leasing you truck from said company, and pulling their trailer? (Lease purchase?)

 

Find a better place to sign the truck on.

 

Are you running on their authority? Probably comes down to what is spelled out in the contract you signed.

 

It is a delicate balance. True, as an independent contractor you have the right to refuse loads, complete the service how you see fit and such. If their name and DOT number is on your truck though, you also must fully qualify and comply with their company policies.

The FMCSA does not look at your truck, or you the driver, as any different than if you were an employee of XYZ and they owned the truck. They are legally liable for you and therefore can compel you to comply with their safety policies. This does not interfere with the independent contractor nature of your business agreement.

 

Legally they cannot force you to follow company policy. Two points though.
1. You may be in breach of contract, and they could hold your settlement to pay any fines specified in the contract.
2. Is bucking them on the issue worth them simply saying ”Sorry we don't require your services anymore."

 

I got a friend that is leased onto USA right now and they have bucked against the company so bad that USA has taken their loads away from them and is fixing to terminate their contract... all because of rants and raving. Bottom line dont like their rules get your own authority and make your own.

 

Well a thought or three.

You are neither a 1099 or could be an employee.

YOU are a contracted owner and you are to be paid as one.

You can choose to play their game the way they want it played or leave.

I would leave.

 

Unless their dispatch suck, they are giving you a load that’s probably most beneficial for you at the time. When I’m dispatching, I wouldn’t book something that I wouldn’t do myself and I’m very picky. So if dispatch isn’t good, leave

 

The opposite is also true. If they are offering up low paying loads. That’s why I left the last carrier. They brought in new management that wanted to run o/o like company trucks. I’m in it for max revenue not to keep customers happy.