Got scammed by former boss

Discussion in 'Canadian Truckers Forum' started by daxus, Mar 28, 2019.

  1. daxus

    daxus Bobtail Member

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    So a few months ago I started working for a small trucking company in Brampton, ON. I have very little experience in the trucking industry so I'm going to sound pretty dumb on the things I'm about to tell you. But if you're new like me this might be worth reading. Back in December when I met up with the guy he seemed pretty nice and down to earth. "We're a family here in this company" "I can guarantee you 3k miles per week if you don't turn down dispatch" "Our trucks are all new" Those were some of the things he said. I should have just left and never came back soon as he said 3k mile per week but I was being optimistic thinking I could turn down loads if they interfered with my HOS. So on our first trip out we had a load going to Lima, OH during the holidays and he tells me to be at yard 4am and I'm there waiting and waiting and the guy is no where to be seen and comes at 5am. Didn't want to complain, he did tell me he was tired from his previous trip and barely got any sleep so no biggie. We went to the yard and there was another driver coming with us on a different truck. So I'm paired with the boss for our first trip. He goes around the truck and does a daily inspection and tells me he cares about safety very much if there's something wrong with the equipment I should let him know first thing which I think is pretty obvious and I agree. But he does it in a way that was really pretentious it almost made me cringe and just added to my suspicions. So our destination was somewhere around 1000km round trip which in perfect conditions is a 10 hour drive it took us nearly an hour to get the load which was a couple miles out, and on top of that there's the snow. Despite skipping our break we still ended up near Windsor ON 5PM the same day and I was running out of hours so the boss took over. Then it hit me, how was the other driver going to come back in time if I don't have the hours to do it myself. He said, Oh don't worry he started his day in London ON. And my mind was screaming LEAVE AND NEVER COME BACK. But I was too desperate for a job so stupid me stayed.

    So on my first week out by myself. First load I get and already the guy is pushing me to do illegal things for example calling me 4 hours before my 10 hour break is up and telling me to deliver. Yes there is an ELD, he made it so that you can change your driving hours. I know I have the right to not do what he tells me but he would not stop calling and he made me feel like I'm doing him wrong. On the second week is where the **** hit the fan. He calls me in on Monday to pick up a load, I'm at the pickup and the shipping office lady tells me I don't have an appointment. I get on the phone with the boss and he tells me we do have an appointment. And then he sends me some photo from his broker saying it's first come first serve. The lady gets off the phone with my boss and gives me a look and I'm like "did you resolve it with my boss?" she said " nope sorry, like I said you need an appointment for pick up and the guy on the phone told me 10 different stories in the span of 5 minutes." So I go back pretty disappointed cause I missed out on a day and I didn't get paid cent for it. Come the next day off I go on another load and this time the pick up was somewhere north of London ON pretty far from any fuel station and scales. And I picked up the load without a hitch, I used the onboard truck scale to distribute the weight 17000kg says on the paperwork, 33000 on tractor and thought it would be fine if I didn't go to a scale since boss told me the onboard scale was very accurate. So on I go thinking all is well and everybody is nice and would never lie on a piece of paper it's black and white so there should be legal implications right? nope. driver takes full responsibility and now I know a little too late but lesson learned. I get slapped with a 2500usd fine in IL weigh station. And you know what the boss man told me to do after? "Just wait till they're all gone and the drive to delivery man don't worry I've done it before too. There won't be a problem man hurry just go or I'll get a 1000$ fine if you don't deliver on time!" So there and then I decided that I was done with trucking it's just not for me. So a week before Feb I told him I was quitting and I'm waiting for him to pay for the month of Jan since he pays "bi weekly" so Feb rolls around and I get don't get a cheque, I call bossman and ask him what's up? He says "I'm deducting your pay to pay for the IL ticket because I don't trust you will pay for it and I've already talked to my lawyer, I have the right to protect my company". So being piss poor I couldn't afford a lawyer and I thought I was going to pay for the ticket anyway, if he's going to do it then so be it. He does pay me the rest of the money on the 15th. But that ####### never paid for my ticket. And I can't afford the dam thing since he took my pay and now there's a arrest warrant for me in IL. I probably will never go to IL again but still don't feel right knowing I've done all that illegal crap just to make a living. Trucking is a very dangerous job and truckers are way underpaid. Stay safe out there my friends.
     
    Raamman Thanks this.
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  3. misterG

    misterG Road Train Member

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    You NEED to call your local Provinces labor office. Use THEIR lawyers. What he did may well be illegal in your province. Talk to them, show them as much documentation as is heavenly possible.
    One bad experience does not a bad industry make. There are MANY other companies out there. Who DON'T do their drivers dirty like this.
     
    Canadianhauler21, daxus and dunchues Thank this.
  4. gokiddogo

    gokiddogo Road Train Member

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    The overweight ticket is the drivers issue. You have to pay it and take care of the warrant. You will go through IL again. It is in your best interest to take care of it. I know that isn't what you want to hear. It is the drivers responsibility, you should have scaled the load. I'm surprised you got past Michigan and Indiana.

    The boss owes you for the work you did. He cannot legally deduct for the ticket with your name on it from Illinois. You should tell him exactly what I am saying here, and that you will call the labour board if he does not pay you as agreed for the work you completed. If he refuses, go ahead and call them. It will not cost you anything. He does not owe you for the $2500 overweight fine from IL.

    Please tell me you did not sign some kind of "independent contractor" paperwork prior to driving the truck.

    There are lots of good companies who will train you correctly and you can make a good living in trucking. I encourage you to use this forum and ask questions or research on your own. This site is a wealth of good information, use it. As long as you don't pick fights or be a douche in general, you'll get all kinds of info. The reverse is true if you decide the opposite.

    You have to be very careful with trucking companies based in the GTA. Lots of shenanigans. There are good opportunities, however. There's even recommendations for that, too.

    Welcome to the forum.
     
    AModelCat, 3noses, daxus and 2 others Thank this.
  5. canadian

    canadian Light Load Member

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    Don't bother talking to your past employer. Just go directly to the labour board. I've written extensively about these topics in the past. Worth a read.

    Pushovers don't last long in this industry. Don't be a pushover.
     
    3noses, AModelCat and daxus Thank this.
  6. daxus

    daxus Bobtail Member

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    I just wanna thank you guys first of all. I will file a complaint this weekend. I didn't sign any independent contractors papers but he convince me to register a corporation to save on tax. And he paid the undeducted amount to my business account. There was no written agreement of employment either. But i do have invoices that he gave me with the deducted amounts and all my miles and loads.
     
  7. gokiddogo

    gokiddogo Road Train Member

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    Oh man that's the same thing...
    RUN from this place. You now have all kinds of headaches, tax wise. And zero protection as an employee. You do not save any tax if you open your own corporation then drive the exact same way as you would a company driver, which is what you are. Now CRA will come down on your company for the deductions, which your company is responsible for submitting to CRA....

    Simply, you're getting rooked really bad here, again, RUN!!!
     
    misterG, canadian, AModelCat and 2 others Thank this.
  8. bavarian

    bavarian Heavy Load Member

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    Now you're in deep s###.
    It's not only that you've lost the protection from Labour Board, since you've run in that corporation contract, you now owe the taxes to CRA. Any lawyer expenses are on you. And the guy might be even right, to protect his company, just in case.
    No doubt, that was a scam set up upfront.
    What was the exact registration under CRA? Corporation or Incorporated? If incorporated, now you would owe payroll deductions to CRA as well.
     
  9. daxus

    daxus Bobtail Member

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    Yep he told me to incorporate...I don't think im his first victim, he seems pretty well setup every step of the way and he knows exactly what to say or not over a phone and through text to avoid any legal implications.
     
  10. daxus

    daxus Bobtail Member

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    I stopped driving since Feb and now I'm working as a cabinet maker. Just going to hunker down for a bit and then see if I can pay what I owe by the end of the year.
     
  11. 3noses

    3noses Light Load Member

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    Smart move on your part with the cabinet thing. Unless you can get on with a legitimate company who will pay you legally as a company driver, you are far better off now. As to the ticket, you will have to pay it, or at least try to take it to court. Eventually, it will hit the system in the U.S. if not settled, and even if you're not in Illinois ever again, all the computers are hooked together down south, and it could and probably will pop your name up, usually at the worst possible time... Hope it works out for you in the end...
     
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