final paycheck withheld...........read on

Discussion in 'Trucker Legal Advice' started by cadillacdude1975, Apr 21, 2012.

  1. KANSAS TRANSIT

    KANSAS TRANSIT Road Train Member

    4,080
    6,830
    Jul 28, 2011
    Glasco,Ks.
    0
    How in THE hell can they list you as an independent contractor if THEY own the truck???
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,968
    Apr 4, 2007
    0
    There are many on here that actually believe it to be the only way to pay.
     
  4. PayCheck

    PayCheck Medium Load Member

    634
    358
    Jan 21, 2012
    ca
    0
    It sounds like they covered themselves on the 1099 part. As a contractor they can't require you to take any work that you don't want to do, but they can stop using you as a contractor.

    I worked for an outfit that wanted me to sign paper work stating I would be responsible for any damage, an attorney said I could sign it at that it didn't mean anything because they where responsible and I can't sign my rights away. Not only that I was signing under duress.

    Really you need to go talk to an attorney, a quick go get f letter might get some attention.
     
  5. KANSAS TRANSIT

    KANSAS TRANSIT Road Train Member

    4,080
    6,830
    Jul 28, 2011
    Glasco,Ks.
    0
    I may be wrong BUT, I was told that IF I owned the equipment AND they ran under MY authority they had to be full blown employee's because I would be the ONLY company/person that they could work for.

    I could see it IF the guy owned the tractor and pulled my trailer, but when the company owns everything I can't see how he could be listed as an IC.

    One of the IRS requirements is that the IC has some or all risk in the business, in this case the driver could just walk away, I don't think it holds water, JMHO
     
  6. Emulsified

    Emulsified Road Train Member

    3,663
    3,492
    May 6, 2010
    Dallas, TX
    0
    the same way a contractor can list you as an independent, even tho you don't own the bulldozer.
    done all the time with the IRS blessing.
    The key question from the IRS will be: "does the party have the right to go elsewhere and perform similar work, without jepordizing their position there?"
     
  7. shredfit1

    shredfit1 Road Train Member

    1,290
    579
    Nov 24, 2008
    MN
    0
    OK, You have work to do...

    Call the state, for unemployment claims fraud first...

    Then call state workers comp. claims and ask for someone in investigations.

    Then call the IRS, ask for someone in the fraud dept.

    Then get an attorney, hopefully her name is Sue(if you know what I mean).

    What this slimeball is also very likely doing is having all power units listed under a different company name... then leasing them to the company with the DOT#... Inform your lawyer about this as he will likely try to shelter himself from litigation by doing this... It's also likely he has another LLC set up for payroll as well. Just be aware of this
     
  8. revelation1911

    revelation1911 Heavy Load Member

    923
    306
    Dec 25, 2011
    Moody Alabama
    0
    I don't think I'd call the IRS. If it was decided that the driver was a employee instead of 1099 his deductions could change a lot and if he'd done filed taxes he may be owing more money. The only thng the now employer would owe would be the employers portion of SS and penalties. The driver is still responsible for his taxes. I had a guy worked for me 20 years ago tried that game thought he's going to get his taxes paid for free it don't work like that.
    There are several ways a comapny can do the 1099 thing leaglly.
    The workmans comp. for trucking is high being able to contractor someone could mean the difference between someone working or a truck just sitting.
    Which would you prefer to do sit and do nohtning or drive as a 1099 driver?
    Reading the original post I would imagine there are some details left out.
    1099's, company fines, escrow and payig for damages is all legal if someone knows before hand and signs that they know this. It is very common in trucking and not unreasonable if done properly. How would you like someone tearing up your vehicle negligently? This isn't a one size fits all business.
     
  9. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,968
    Apr 4, 2007
    0
    No problem with contacting the IRS. Both parties would have some issues, but mainly the false recording of a 1099 employee when it is actually an employee. In addition, you have workmen's comp fraud when it is required and they have avoided it this way.

    I know many disagree, but it is not something IRS will look over if the right auditor is involved.

    Such misclassifications have been a bone to them since 1987. It has been the opening item on EVERY audit in all of the states I have been in.
     
  10. Emulsified

    Emulsified Road Train Member

    3,663
    3,492
    May 6, 2010
    Dallas, TX
    0
    The problem is it will take the IRS at least two years to begin to react...probably three.
    And all these independent contractor status cases are usually just blown over.
    If you want justice, go to a ##### house.
    If you want to be screwed, go to court.
     
  11. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,968
    Apr 4, 2007
    0
    Not the ones I had dealings with. They were handled rather quickly.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  • Draft saved Draft deleted