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Got backpay now company is ticked

Discussion in 'Experienced Truckers' Advice' started by winchester306, Jan 26, 2014.

  1. Jan 26, 2014 #1
    winchester306

    winchester306 Bobtail Member

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    Jan 26, 2014
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    just to let some of our fellow truckers know, you can get backpay or with held pay if you do it right, but beware of retaliation. My son was let go from the company and when he got his last check they with held over a thousand saying it was damages, but listed it as an advance. Under Texas payday law, they cant take anything out of your check that isnt taxes or court ordered without you signing an agreement for them to do it. The state found the company in violation of state law and ordered the company to pay up. Now the company is mad as hell cuz they got caught cheating and are telling my son they are going to press load abandoning charges on a load. Dumb !!! cuz the load was delivered and signed for by receiver and my son keeps copies of all load weigh bills and logs. The state sent a letter to company stating that failure to pay can result in fines and having the company assets frozen and thats what is really making them mad. Lawyer says not to worry about the load bull. But for the record its nice to see the driver come out on top once against a low standard company.
     
    winchester306, Jan 26, 2014
    winchester306, Jan 26, 2014
    #1
    Mev, scottied67 and bubbanbrenda Thank this.
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  3. Jan 26, 2014 #2
    WorldofTransportation

    WorldofTransportation Heavy Load Member

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    Your mother
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    That lawyer can say don't worry about that load bull.. and yeah they probably won't ever go after him..but They can black ball him with that charge though.... If they put that on him he can get screwed hard... You need to fight that...

    Company calls and ask 2 questions... Did John Doe ever work for you... Yes... Is he eligible for rehire...no.. Legally in Texas those are the only 2 questions I can ask.. or a variant of those.. like was his departure amicable? but this company doesn't seem to care about the law.. so they volunteer info... about some load that he abandoned.... along with our equipment... The new company says thank you for your time never records that part of the conversation and stamps declined on it..

    Tell your son he had better beware of this happening...
     
    WorldofTransportation, Jan 26, 2014
    WorldofTransportation, Jan 26, 2014
    #2
  4. Jan 26, 2014 #3
    CondoCruiser

    CondoCruiser The Legend

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    Tennessee
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    I think once the state is involved he's covered by something similar to the whistle blowers act. They can't retaliate. His lawyer will know that stuff.
     
    CondoCruiser, Jan 26, 2014
    CondoCruiser, Jan 26, 2014
    #3
  5. Jan 26, 2014 #4
    NewbiusErectus

    NewbiusErectus Medium Load Member

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    Jun 27, 2012
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    That seems to be the case. They're on record for being a-holes, so I'd be playing it smart, egg them on a bit, let them make a dumb mistake, and then shoot them between the eyes with a 100k payday for damages.
     
    NewbiusErectus, Jan 26, 2014
    NewbiusErectus, Jan 26, 2014
    #4
  7. Jan 26, 2014 #5
    notmycbhandle

    notmycbhandle Light Load Member

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    Jan 18, 2014
    Cowtown
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    If you suspect this is happening it's really easy to confirm, have a buddy or 2 call in looking for your reference, if they're doing it contact your lawyer he (or she) will know exactly what to do next. Including the possibility of a pretty good defamation or slander lawsuit if you really have proof you didn't abandon a load or whatever other crap they come up with. I say stick it to them #### bottom feeders.
     
    notmycbhandle, Jan 26, 2014
    notmycbhandle, Jan 26, 2014
    #5
  8. Jan 27, 2014 #6
    Oi!

    Oi! Road Train Member

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    Jun 20, 2011
    Florida
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    Charge him with load abandonment? I didn't know that was a felony (LMAO)

    So if a cashier from walmart quits she can be charged with register abandonment? Is she going to jail? (LOL)






    I'm waiting for a moron to come telling me "but it's your responsibility as a driver to watch for that load!".

    Responsibility? And do it or free? Like a free responsibility? Free work? Is that charity or slavery? Slaves were fed by their owners. So this is like a charity thing, then? Is it tax deductible?
     
    Oi!, Jan 27, 2014
    Oi!, Jan 27, 2014
    #6
    Hammer166 Thanks this.
  9. Jan 27, 2014 #7
    TripleSix

    TripleSix God of Roads

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    Does your son have a new job?
     
    TripleSix, Jan 27, 2014
    TripleSix, Jan 27, 2014
    #7
  10. Jan 27, 2014 #8
    biggare1980

    biggare1980 Medium Load Member

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    Apr 29, 2009
    Springfield, Ohio
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    If he has signed bills saying he delivered that load, I would let them file their charges and slap a hefty lawsuit against them.
     
    biggare1980, Jan 27, 2014
    biggare1980, Jan 27, 2014
    #8
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