My fiancé is illegally misclassification as an independent contractor by his boss...he works for a small car hauling company.
1) he lightly damaged a car, and his boss was going to make him pay for the whole thing (4000) because he didn't want to go through his insurance for whatever reason. If that legal?
2) his boss never pays him on time and every time he basically needs to hunt him down to recieve his paycheck. Now, he has paid him most of his paycheck for the last load but hasn't gotten paid the lasf $475 because "Carmax still hasn't paid for two of the cars." Is that legal? After all, his boss has made 75% on all the other cars so can obviously cover the money he owes to my fiancé, so why in the world wouldn't he just give him what he is owed? It is very frustrating every time!!
Can a drivers pay be withheld until the company gets paid for the load???
Discussion in 'Trucker Legal Advice' started by Jerseydollxox, Oct 13, 2017.
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Contact the state labor board to get paid. Contact the IRS about his misclassification. I would not pay towards the damages ... do not know if your fiance signed an employment contract stating he was responcible for any damages. Find a new job, not working for a shyster trying to skirt the tax / insurance system
born&raisedintheusa, driverdriver and Tb0n3 Thank this. -
The longer a driver lets that type of thing go on the harder it is to get his last pay ck. after he finds a better job.
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Why does your fiancee continue to work there? He's not being paid and is being abused because that's what he chooses.
bigguns and born&raisedintheusa Thank this. -
He must enjoy it- he's also heading into Marriage!
Justrucking2 Thanks this. -
He is not very smart, you should look elsewhere for a mate. Just saying.
buddyd157 Thanks this. -
You stated:"He lightly damaged a car...". So what are we discussing then? If driver damaged it then be the man be responsible for what you did. It is driver's responsibility to safely load unload vehicles. Or you think its his boss responsibility who can be 1,000+ mi away from there? I thing boss has a right to hold $. But personally me... It depends I had situations where I just split the cost of some damages/repairs with my drivers 50/50 only if its a GOOD and honest driver and I know it happens once in a long time accidently with him. Otherwise its on drivers. If its something serious and damage is huge then yes I have to claim it with my insurance but the driver will have to go and find another job. Interesting how some ppl wants to get paid but do not want to be responsible for anything.
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Demonrogue Thanks this.
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