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

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

  1. cadillacdude1975

    cadillacdude1975 Road Train Member

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    no expenses at all. company owned truck and company paid fuel and company suggested routing. typical crook. the place does this to avoid having to pay taxes and wrkmans comp insurance. on average from what i have read, it saves him about 8% off the gross salary per year.


    that and he can shut the doors at any time and does not owe the overnment one red dime for fed taxes and workmans comp and such. and the IRS wont do a thing about it because it happens every day.
     
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  3. cadillacdude1975

    cadillacdude1975 Road Train Member

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    and no revelation, that pretty much sums it all up. its been so long i cant remember the exact verbage of the signed agreement and i serously doubt they would let me see a copy of that now either. but it was a thing of sign it and forget about it then or sit and make nothing.

    im thinking i am going to end up doing what every other driver has done in the past. the ones who have quit or been terminated have all been in there red faced and screaming to get the escrow money back. and after some heated arguments, they usually end up getting it right then. it is just a shame that it has to blow up into a huge confrontational thing to get any action. i am rather calm cool and collected so having to show out like that is not going to be easy so to speak. i mean i can snap lol but its just not in my nature to do so.
     
  4. Emulsified

    Emulsified Road Train Member

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    Hey, for a percentage, my cousin Guido will do the 'yelling' for you:biggrin_2556:
     
  5. otherhalftw

    otherhalftw R.I.P.

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    No matter what the signed "contract/agreement" states. Federal payroll laws dictate you be paid all that is due you....go see a lawyer about payroll issues. If they deducted from your pay you earned, they owe you your earned wages, plus interest on what was collected.....
     
  6. Kansas

    Kansas Road Train Member

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    Small claims court, take them there. No lawyer required. Document absolutely everything and tell it to the judge.
     
  7. otherhalftw

    otherhalftw R.I.P.

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    $2500.00 takes it out of small claims...limit is 1k for the small claims.
     
  8. Emulsified

    Emulsified Road Train Member

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    The problem is he doesn't earn regular wages. He's not an employee. Wages are paid toemployees only.
    He's an independent contractor and is paid like any other unsecured creditor.
    He can still sue, but he doesn't have the protection of an employee, ergo state labor boards, government wage protection laws, etc.
    No different than the garbage man that hauls off the trash.
    As an independent contractor (and no suplimentary contract), there is almost NO protection.
     
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  9. otherhalftw

    otherhalftw R.I.P.

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    Just being called an IC doesn't make it so!

    Check on the status of the CR England class action and the Swift class action with regard to what qualifies as an IC. I don't think the final outcome has been made for either...naturally they both have been tucked away from view!

    I don't see where he can be considered an IC, Lease Op, or O/O....he had no autonomy for loads, fuel purchases, routing....he had no "investment" in way of truck payment, insurance, permits, registration, base plate.....there is no way these guys/gals could be deemed IC.

    IRS and State Labor along with Fed labor laws are obviously being ignored. time to go for the big guns!
     
  10. Emulsified

    Emulsified Road Train Member

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    But he will have to prove he's not an IC. He signed a contract saying he was.
    This has all the makings of a huge lawsuit and lot's of lawyers getting rich.
    A big gun at night might be the simplest solution.
    (Whoops! did I say that?!)
     
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  11. Kansas

    Kansas Road Train Member

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    I believe he said this was in Tennessee. TN. has a =$15K to $25K small claims court limit.

    http://law.freeadvice.com/resources/smallclaimscourts.htm

    But, the bigger point/idea is. Once the company receives subpoena for court. Hopefully they wont want to fight, and will settle long before it ever hits court. It all takes resources and manpower to go to court.
     
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