Discussion in 'Lease Purchase Trucking Forum' started by vastoka, Sep 22, 2022.

  1. vastoka

    vastoka Bobtail Member

    Feb 14, 2022
    Hello.. did work for Chicago 1099 2 months, had escrow. Now they refuse to pay back already left job about 4 month ago.. I would take any advice. What options do I have?
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  3. God prefers Diesels

    God prefers Diesels Road Train Member

    Jun 26, 2020
    South Texas
    You would know better than us. It's all right there in your contract.
  4. blairandgretchen

    blairandgretchen Road Train Member

    Dec 9, 2011
    South west Missouri
    Is that something you sign? Like, with your signature?
    GYPSY65, mud23609, D.Tibbitt and 5 others Thank this.
  5. wichris

    wichris Road Train Member

    Jan 17, 2011
    Go to a legit carrier.
    GYPSY65 and vastoka Thank this.
  6. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    Jan 13, 2013
    SW Arkansas
    Write it off. They ain't gonna pay it back. File a complaint with the IRS about them misclassifying you as a contractor when you should have been paid as an employee on a W2.
  7. ZVar

    ZVar Road Train Member

    Sep 10, 2010
    Flint, MI
    None really.
    Oh, you can sue them and you might even win. Then when they refuse to pay you have to sue again to get a garnish put on the bank accounts, and by that time they will have closed shop and changed to a new business name.
    All of that takes time and money, and there really is no point it spending more money on the very slim chance you are able to actually recover any money.

    Remember this isn't a labor dispute, it's a business to business dispute and even getting reclassified as an employee likely won't help in recovering the money owed.

    Take this as a lesson that 1099's are mostly illegal and learn not to do them again and move on.
  8. Adrian_M

    Adrian_M Bobtail Member

    May 27, 2015
    Knoxville, TN
    1099misc is NOT "mostly illegal". If you're dumb enough to sign on with the foreign turds bustling around ####cago, then you get what you get.

    Any time you can a general contractor build something, and they bring in a plumber, or electrician, etc, those CONTRACTORS are being issued 1099misc statements when they're paid. It's how they file their taxes.

    Good lord, the number of y'all that come on here and spew this #### is ridiculous. If you've ever owned and managed a legitimate business, or even just legitimately studied business, you'd know better than to say this crap.

    To the original question: you don't have any recourse that would amount to anything. Stop doing business with these foreign fly-by-night companies and find a larger carrier or something to either hire on with (which would have you filling out a W4 for tax withholding), or leas on with (which would have you signing a "lease agreement" and receiving a 1099misc statement that you'd use when filling out your self-employment forms and profit and loss statements come tax time... or your accountant doing this anyway). Getting your own truck shouldn't be about making a quick buck, or trying to get rich over night. It's a lot more work than a company driver deals with, and a LOT more planning, and record-keeping to make it profitable.
    At this point you'd be out legal fees and court costs, probably, and still likely never see that money. Take it as a lesson learned in life and don't repeat the situation.
  9. ProfessionalNoticer

    ProfessionalNoticer Road Train Member

    Apr 25, 2021
  10. AsphaltFarmer

    AsphaltFarmer Medium Load Member

    Apr 19, 2022
    New Mexico
    The fastest way to get the clearest answer if you will get it back is to ask the person who has it to give it back, face to face. Not the best option for everyone and results may vary. Godspeed.
  11. markealy

    markealy Road Train Member

    Jun 20, 2013
    This is why I support AB5
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