Black Out On RATE CONFIRMATIONS

Discussion in 'Experienced Truckers' Advice' started by outonalimb, Nov 22, 2015.

  1. outonalimb

    outonalimb Light Load Member

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    Oh I am for sure going to find out. I have let this go on for far too long. But just to get my pay stubs from them was like an act of congress. To get information about Rate Confirmation from them for the 25% of load.... well is still an on going battle because they are doctoring the paper work by whiting out the rate etc. And I dont make enought to pay my family house hold bills let alone keep out 25% for taxes, or to get health insurance etc. When I get paid 400.00 to 600.00 a week IF THAT. Oh and by the way this if I even work. Like this month for example.. This is the only week I have had a run for the month of November. I have to have a roof, electric food for my family. Thats why I started asking questions and this is what it has come to.. so yeah..
     
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  3. outonalimb

    outonalimb Light Load Member

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    I want to thank EVERYONE for their OPINION and ADVICE!!
    I WILL continue on with this fight!!
    As soon as I am back home - I am gonna tell these shady folk to kiss my arse and they will be hearing from the IRS soon. I am turning in this SS -8 form them I am going to contact this other site you guys mentioned. Hopefully they will be able to answer some questions for me as well.
    again THANKS!!
     
  4. rholl32

    rholl32 Light Load Member

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    I cannot stress how illegal this is.

    If they are paying you percentage as the method of payment, then you are legally entitled to what they are charging the customer.

    I mean this is literally a federal offense and people will go to jail.

    Get a lawyer with knowledge of the trucking industry NOW!!!
     
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  5. outonalimb

    outonalimb Light Load Member

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    Thank you - I am going to do just that!
     
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  6. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Cite the law or regulation. If he were an O/O, I/C, or L/O then he would have the legal right to review the original freight bills to ensure he was getting his proper percentage. Federal leasing regulations do not apply to employees, though. As such, the employer is under no legal obligation to share with the employee the contents of the freight bill as would be required if the OP were an O/O, I/C, L/O, or another motor carrier under contract to perform services for a percentage of the revenue. I'm not saying an employer should not be open with his employees if they feel they are being shorted...just that they have no legal obligation to do so.
     
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  7. Accidental Trucker

    Accidental Trucker Road Train Member

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    It doesn't matter. They pay him on a 1099. THEY classify him as a contractor, not an employee.

    The solution remains the same. Get OUT of there, NOW.
     
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  8. outonalimb

    outonalimb Light Load Member

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    I think my whole issue is revolving around the fact that they are claiming me as a "sub-contractor" . I think that in turn would determine my rights as far as the ..Share or not to Share.. information regarding how and what I am being paid. As an "EMPLOYEE" I can totally understand and see why they would not Share certain information. But I am still being paid a % of the load. So still again why would they not share the load rate with me? As a "Sub-Contract" as they are claiming me to be, then you would think I would have the right to see how they are paying my 25% load rate. For all I know they could claim the Rate for a load was $100.00, and only give me $25.00. When in fact the Rate for the load was lets say $300.00. (Which by the way was the case in the load mentioned above, when they whited out the Rate, after I made a copy of the Rate confirmation and then they paid me for a different Rate amount) Why would I not have the right to see what the shipper is paying for me to carry this load? How am I then to determine if I am not being cheated out of pay that is due me?

    Here is another issue.. They tell me to go pickup two loads, Instruct me to go pick up LOAD 1. and then text me and say "Hey when you go pick up that first load, if they ask about your ETA for drop. DO NOT SAY ANYTHING ABOUT PICKING UP SECOND LOAD". Well first thing going through my head is... humm wonder why not...
     
  9. outonalimb

    outonalimb Light Load Member

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    Oh I am.. but I gotta get back home first.... this is driving me crazy... I just wanna get out of this truck, tell them don't send me anymore loads, that I am done and I am coming home.. but what if they cut off the fuel card so I cant just come back home.... I do not have the money to put fuel in this truck, again have not been paid a dime in 3 weeks broke as all get out.... been eating 25cent crackers for a week now, so my family can eat and have a roof over their head......
     
  10. Mudguppy

    Mudguppy Degenerate Immoralist

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    Right there is your reason for NOT SAYING A WORD TO THEM ABOUT THE IRS, YOU QUITTING, OR ANYTHING ELSE DISCUSSED HERE! Tell them you have a family emergency (which it actually IS- you need to pay the bills!) and need to be routed back home ASAP. Then once home, clean your rig out and talk to a lawyer and the IRS. Don't give them even a tiny idea of what you're up to, so they can't try and hide ####.

    And don't feel bad about doing it this way one little bit. Given their already scumbag business practices, don't think for a second they wouldn't hesitate to leave you stranded if they find out their game is up.

    Just sayin'. Good luck.
     
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  11. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    § 376.12: Written lease requirements.

    Key word there is "written". In other words, IF there is a written contract, then it MUST have the required parts. If you don't have a written lease, you are not a contractor of ANY kind because there has been no contract defining the terms of the business relationship between the two parties. You were hired as an employee, and they have been treating you as an employee. The "sub-contractor" claims are simply a ploy to escape employment taxes, workers compensation insurance obligations, and unemployment insurance requirements. When the IRS comes in and tells them they can't do that, they'll have to pay all of that plus interest. In any case, I wouldn't stick around longer than I absolutely necessary.

    And as for not mentioning the other pickup, stop #1 might THINK they are paying for a full load (even if it doesn't fill the trailer). If they knew you were loading another partial along with their freight, they might want a reduced rate for your service. Things like that are pretty common in this industry...blind shipments, double blind shipments, etc. Middlemen don't want to be cut out of the loop.
     
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