Truckers Report Jobs

Find Trucking Jobs

Company Driver Company Driver Dry Van Dry Van Flatbed Flatbed Refrigerated Refrigerated Specialized Specialized Owner Operator Owner Operator
More Trucking Job Searches ⌄ Fewer Trucking Job Searches
⌃

Company tricks driver.

Discussion in 'Questions From New Drivers' started by Moznpeg, Jul 30, 2015.

Page 1 of 9
  1. Jul 30, 2015 #1
    Moznpeg

    Moznpeg Bobtail Member

    11
    5
    Jul 30, 2015
    0
    I backed into a fence gate bolt and damaged the steps but left them intack and still able to use safely. I told the company about it and they told me they would possibly take it out of my pay without my consent. After a little haggling, I asked them if they were going to take it and wouldn't let me know and made me think I was working for free for a week (it was my last week with them as well). I told them i didnt feel comfortable not knowing if I was working for free and told them it was making me sick to my stomach not knowing. I told them I didn't feel like picking up the last load for a return trip to Phoenix so they told me either get the load, deadhead back and pay for fuel which was too expensive to do anyway or drop the truck at the truck stop in Houston. I wasn't going to do that either so I got the load and drove it back not knowing if I'd be paid. I just got a bill for $5500.00 and they said that insurance was not an option. This is after they told me that I'd have to pay a deductible of $1000.00. After more haggling, it was settled that I'd pay half of the deductible even though it isn't normal for drivers to do this. They told me I was a contract driver and normal laws don't apply in Arizona, company headquarters. I signed a contract but nowhere does it mention anything like this. They never told me that if this happened I'd have to pay for it and their insurance wouldn't or I wouldn't have worked for them, especially with all the miles i gave them for 7 months; 70000 and only 10 days off. They pressured me to drive illegally and I did it like a fool and pressured me to drive illegally all the time and I was only late once because of construction by one hour and they were extremely upset.
    Do I have any rights here?
     
    Moznpeg, Jul 30, 2015
    Moznpeg, Jul 30, 2015
    #1
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Jul 30, 2015 #2
    Guitar Man

    Guitar Man Medium Load Member

    553
    467
    Sep 29, 2006
    State Of Confusion
    0
    Get a lawyer. They're railroading you. Their insurance will cover it. Sounds to me like they're double dipping with you. Did you sign anything to the effect that you'd be responsible for damage to THEIR property?
     
    Guitar Man, Jul 30, 2015
    Guitar Man, Jul 30, 2015
    #2
    jammer910Z and Moznpeg Thank this.
  4. Jul 30, 2015 #3
    77smartin

    77smartin Road Train Member

    2,183
    3,022
    Apr 3, 2011
    I dunno.
    0
    Your a 1099 driver...right?
     
    77smartin, Jul 30, 2015
    77smartin, Jul 30, 2015
    #3
  5. Jul 30, 2015 #4
    Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,737
    14,421
    May 7, 2011
    0
    I'd call the labor dept. and start a wage dispute. I'd also call the IRS to report employee misclassification. With the labor dept, he may claim you are an independent contractor...but he'll be in hot water with the IRS while that's all sorted out. Once the IRS determines that you were, in fact, an employee...and he owes back taxes for the employment taxes he should have been paying, call the labor dept again to re-open the case based upon the new "evidence" (i.e. the IRS determination that you were, in fact, an employee).
     
    Pedigreed Bulldog, Jul 30, 2015
    Pedigreed Bulldog, Jul 30, 2015
    #4
    BrenYoda883, not4hire, hal380 and 2 others Thank this.
  7. Jul 30, 2015 #5
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

    10,662
    12,174
    May 28, 2009
    Rancho Mirage, Ca.
    0
    Yeah Pardner, the problem is drivers, who damage company equipment, as you did, plus other property, as you did, and you want to just slither away and hope all is forgiven and still get paid your full check. Mind you, I'm not ragging on you, but, it's drivers who run over boulders and guard rails etc coming into and out of driveways. poles that are bent over are from drivers, right ? I mean, come on, admit it. Trucks with bent steps, fuel tanks, quarter fenders etc, done by drivers. Yes, possibly done by an offending driver, but still a driver. So, why should the truck company owner absorb all his flaky drivers stupitidy ? It is possible to drive that truck, 600 mi a day in all kinds of conditions, WITHOUT running over stationary obsticals. Good luck to ya'
     
    Allow Me., Jul 30, 2015
    Allow Me., Jul 30, 2015
    #5
    double yellow, Joetro, truckon and 7 others Thank this.
  8. Jul 30, 2015 #6
    lfod14

    lfod14 Road Train Member

    1,178
    689
    Jan 9, 2014
    0
    Did you sign a contract to drive for them? The company doesn't get to choose whether your a contractor or not. Your business relationship with them does. As Bulldog said, file an SS-8 for classification. If your classifies as an employee by the IRS hat company is in deep sh** and expect a real nice response from them at that point. Accidents happen, but too many businesses try to push all business loss down to the employee. I was a 1099 for over a decade and. I've seen The IRS reclassify a lot of people. First issue that company will face is answering to why a "contractor" was driving HIS truck.
     
    lfod14, Jul 30, 2015
    lfod14, Jul 30, 2015
    #6
    not4hire, hal380 and oldtrucker66 Thank this.
  9. Jul 30, 2015 #7
    TripleSix

    TripleSix God of Roads

    18,413
    128,699
    Apr 10, 2009
    Copied in Hell
    0
    Hold on AM, not saying you're wrong, in fact you're definitely not wrong IMO, but he has worse problems...

    $5500? For what...a tank of fuel and some steps? What does $5500 pay for? I would like to see a bill. A thousand dollar deductible...for some steps? Any one of us, any truck owner, would have eaten the cost if damage is less than the deductible. I sure as heck wouldn't file a claim. Steps won't cost you half that. Is that the only damage or is there more? They have to be charging you for more damage.

    Secondly. Don't try to throw this company under the bus by saying that they 'pressured' you to run illegal. There ain't no one that sits behind a desk that can force you to do anything you don't want to do. If they're dirty, you're dirty. Don't want t be called a dirtbag, avoid the dirty slander.

    EDIT: I forgot to ask...what did you agree to pay for?You mention haggling, and a settlement, and so, you agreed to fork out some money. What was the agreement?
     
    Last edited: Jul 30, 2015
    TripleSix, Jul 30, 2015
    TripleSix, Jul 30, 2015
    #7
    hal380 Thanks this.
  10. Jul 30, 2015 #8
    TruckerWife630

    TruckerWife630 Light Load Member

    79
    39
    Jun 11, 2015
    Alabama
    0
    Did you tell them you wanted to have a lawyer look over the paperwork before you signed anything saying you'd pay them? If you just signed & agreed to pay you may be up a creek!
     
    TruckerWife630, Jul 30, 2015
    TruckerWife630, Jul 30, 2015
    #8
  11. Jul 30, 2015 #9
    oldtrucker66

    oldtrucker66 Light Load Member

    299
    211
    Jan 1, 2015
    0
    Moznpeg
    Yes, you have rights.
    Based on the facts that you drove the company's truck where the company told you to drive, you likely were an employee and not a contractor.

    Here is my advice.
    1) Google IRS SS-8. It is a four page form with a lot of questions. Answer them but do not give this form to the IRS.
    2) Type a brief summary of your work history with the company. How did you get the job? When did you work there? What did you do? Did you use the company's equipment exclusively, or did you ever use your own truck? Did you drive for the company exclusively, or did you drive for other companies?
    3) Make a copy of all documents you have from the company, including sample pay stubs.
    4) Take everything to a labor attorney for a free (or cheap) consultation. If you don't know a labor attorney, call a personal injury attorney and ask for a referral.

    Good luck, and let me know what happens. Send me a PM. I'll settle for 30%. :)
     
    oldtrucker66, Jul 30, 2015
    oldtrucker66, Jul 30, 2015
    #9
    Boss Hogg Outlaw, Dreamboat, not4hire and 2 others Thank this.
  12. Jul 31, 2015 #10
    Moznpeg

    Moznpeg Bobtail Member

    11
    5
    Jul 30, 2015
    0
    Stupid drivers? This is my only ding in over 10 years for big trucks and 22 years driving fire engines. If this is a stupid driver thing, then you have to be included since you're a person that drives trucks, right? I always here drivers talk about how stupid other drivers are where ever I go and it's always different drivers saying it. This means that most drivers say this and that means even you are called a stupid driver.
    I understand you response and I even understand your derogatory comment as well. Try to be more encouraging and less confrontational.
     
    Moznpeg, Jul 31, 2015
    Moznpeg, Jul 31, 2015
    #10
    rickybobby, oldtrucker66, not4hire and 1 other person Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

    • Page 1 of 9