For all the "my company cheated me on payday" drivers

Discussion in 'Experienced Truckers' Advice' started by abjz71, Feb 8, 2009.

  1. abjz71

    abjz71 Light Load Member

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    Ive seen a few threads about short pay and deductions made by the company that probably shouldn't had been made i always try to pass on what i know to the individual that makes the complaint but i know that im not always going to see though threads so im going to just leave the info i have here where its relatively easy to find so here we go

    steps

    1. start out here http://www.dol.gov/esa/contacts/state_of.htm#TX and then go to your state of residence (where you file your state taxes)

    2. look up your states labor laws on deductions, non payment, short pay. A example of this: In Kansas unless directed by a government office ie. IRS or the courts for a wage garnishment deductions from payroll are ILLEGAL they can not hold money out of your check for missing cash out of the till, make you pay for damaged or missing items the exception to this is if the deduction benefits the employ ie direct deposit into two accounts health insurance 401k/IRA aka retirement, if you have mandatory uniforms the employer must burden this cost they may not pass it on to the employ, at end of employment employer may NOT hold final pay hostage for return of company property (if i wanted i could hold my truck hostage until i receive my final check, there would be legal issues from doing this and most undoubtedly end my driving career, but they would be violating wage and hour laws if they did not pay me at the regularly scheduled time.If little or no information is given contact your local department of labor for you local labor laws concerning payment. Also if given an answer when you call and you feel that your getting a "Go screw yourself" type response take there name give them a "Have a nice day" and try calling again and try talking to someone else (this is from personal experience)

    3. if it appears that your employer has violated your states wage and hour laws you do NOT have to sue them you in most cases you just have to fill out and file a "Claim for Wage form" at which time your tax dollars will go to work for you

    even if you were hosed a while ago its still worth looking into i know here in Kansas we have a 2 year statute of limitations but every now and again there are exceptions to that, so it never hurts to make the claim even if it happened a while ago

    that is the information as i know it and how to find it. i hope that this has help empower the my fellow drivers with some knowledge that most dont seam to know unless they have really gone looking for it. this is all information that i stumbled onto
     
    Last edited: Feb 8, 2009
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  3. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    Great post and valuable information :yes2557:
     
  4. doubledragon5

    doubledragon5 Road Train Member

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    This should have it's own sticky...
     
  5. Dave27107

    Dave27107 Light Load Member

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    Thanks for the info. I didn't know about that.
     
  6. Roadmedic

    Roadmedic Road Train Member

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    Just so many will know, the State of Illinois does NOT deal with any issues with OTR companies. I was told this when I contacted them concerning a pay issue last week.

    They said the driver has to get an attorney.

    The driver and the company are both located in Illinois.
     
  7. abjz71

    abjz71 Light Load Member

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    how many different people did you talk to i got the same when i had my last pay check / illegal deductions it i got the same answer the first two times i called the third told me to fill out the paperwork just out of curiosity what was the issue you had
     
  8. Roadmedic

    Roadmedic Road Train Member

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    3 different ones. Only got one to send the claim forms and they are worthless.

    The company sent me a dispatch right after I had got to sleep for the next morning after I got empty. I looked at it and thought it was first stop in Peru, IL in morning and at 2 in Chicago for the day after. I agreed and fell back to sleep. Turns out the load was to be delivered at 2 am in Chicago and 8 am in Peru, IL. It could not have been done legal in the first place.

    It took 5 hours to get loaded and now in a snowstorm and the interstate was closed. Advised dispatch. Went on and drove till 14 was up. Parked and went to bed. Got up and went to the Peru address and arrived at 730 am. Only to find the load was reverse of what I thought and I had read the qualcomm wrong. The receiver said they would unload and reload for 50.00. I advised dispatch of this. They said don't let them do that and they would get back to me.

    I went to truckstop and sat for 2 hours while they figured this out. They then rescheduled Chicago and dispatched me to it ASAP. I arrived and got empty and returned to Peru. The following week, the docked the pay for 200 miles out of route for 198.00.

    First time I ever messed up a delivery and they did not want the 50.00 to be paid by me.

    Seems to me they put the screws to me on it.
     
  9. abjz71

    abjz71 Light Load Member

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    yup they are a complete wast of human life for the most part but if you talk to enough of them you can find one that isnt. im assuming they sent you this form http://www.state.il.us/agency/idol/forms/pdfs/IL452WC01.PDF fill it out send it back. if they didnt put it on your check at all you check box 1 on ?#17 or if its there and showen as a deduction its box 5 take pics of dispatch info if sent by qaulcom ect ect. also dont expect this to get sovled quickly, mine took 7 months to get done. the other posibly quicker way to solve this is to point out the error of there ways by showing them the lesislation which is here http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapAct=820 scroll down to (820 ILCS 115/9) (from Ch. 48, par. 39m‑9) hope this helps
     
    Roadmedic Thanks this.
  10. Roadmedic

    Roadmedic Road Train Member

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    I don't work for them anymore. There is no way to get the qualcomm and I do have the deduction statement.


    The firm was a total waste.
    They paid a guaranteed salary, but did everything they could to screw the driver out of it.
     
  11. jakshouse

    jakshouse Light Load Member

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    Contact the local television station in the city closest to the company and ask for the consumer reporter (most stations have one now)and ask if they would like to handle this.If it is a BIG company most will jump at the chance,also bring up that the STATE is not interested in protecting
    the tax paying people of their state and I bet you get some help for FREE.Only takes a phone call to find out.
     
    pinballwizard Thanks this.
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