Company owner didn't mail last paycheck due to an accident.

Please read the link, it spells it out.

 

If you are a true IC then there’s nothing wrong with it. But if you’re being told when to work and it’s forced dispatch then you’re an employee and not an IC. That’s when the misclassification part comes in.

 

Independent Contractor (Self-Employed) or Employee? | Internal Revenue Service
At least 80-90% of trucking companies using 1099 are illegally classifying their drivers as independent contractors. It's like paying someone in cash to avoid paying taxes.

 

It is illegal to classify someone as a 1099 independent contractor when the boss/company dictate a few things about the work, like the schedule, providing equipment but dictate how it is used, etc. 1099 Truck Drivers Legal or Not - TalkCDL

 

If you are giving him a truck and trailer, setting his work hours or dictating which customers he goes too, and several other things you are using an employee, not an independent contractor, and you must file and pay taxes.

 

what is in the contract that your father signed? if it mentions damage charges to be borne by sub contractor then your father has to bear the cost.

your answers will be in the contract,

when you father hauled those loads in the last week of his contract period, he is eligible to be paid.

 

Paying the fine was a mistake
Once the violation hits his driving record the next companies insurance may have an issue with it

a ticket issued for an accident that the officer did not witness , the officer can not testify in court since they didn’t see it happen
The two people involved show up in court and each gives their version of the story and the judge decides which one he believes is telling the truth .

If the driver of the other vehicle doesn’t show up in court the ticket will get dismissed since it’s all “he said , she said “ and the other driver isn’t there to give their side of the story , the judge will almost always dismiss the ticket .

a speeding ticket or running a red light ticket is different since the officer saw you do it , they will show up in court and testify and the judge will believe them .

 

It’s almost always illegal so the Company doesn’t have to pay taxes .

It’s very simple .

if the driver owns the truck and isn’t forced dispatched , then they can be a 1099

If the company owns the truck , then the driver is an employee .

 

If the company screws your father out of the $3k
I’d suggest him writing a snail mail letter to the state revenue dept , the IRS and the state DOT .
Listing the tax and safety violations .
I’m sure there were safety violations .

 

Good attorney will screw the co so easily even for classifying your father as a 1099 worker instead of w2 .

 

Not really.

Wrong, it isn’t always illegal.

In order for it to be illegal, it has to lack a contract, manage the contractor to do a job and/or tell the contractor what jobs they have to take.

being an independent contractor you have them choice to refuse work, to determine what is needed to be done to get the job done and most of all have to have a contract to any work.

in the case of this situation of the op’s father, he may have a contract and the settlement or payout for the work may be in the contract but if there isn’t a contract, and he was dispatched, then going to the department of labor and irs is the first step than suing the owner in court to recoup the money lost.