help please

Discussion in 'Trucker Legal Advice' started by dazed and confused, Oct 30, 2009.

  1. dazed and confused

    dazed and confused Bobtail Member

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    Oct 29, 2009
    phoenix, az
    0
    Do I have any kind of recourse against my company for taking out more money than they should, And the money is for stupid stuff. Like variable milage,
     
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  3. jtrnr1951

    jtrnr1951 Road Train Member

    You signed the papers most likely. So NO.......
     
  4. dancnoone

    dancnoone "Village Idiot"

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    May 6, 2007
    Mississippi
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    Variable milage isn't "stupid stuff". Many companies utilize this practice.

    Since we don't really know what it is you're asking. I'd have to go with what jtrnr1951 stated. You most likely signed papers allowing the company to do it....so no.
     
  5. walleye

    walleye Road Train Member

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    Aug 21, 2007
    Land of Cheese
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    State laws very,....But in WI a company can not take ANY MONEY out of your paycheck for theft, damages, ect....,....A court order is required,.. A blanket letter,..Or papers signed when hired WILL NOT HOLD UP IN COURT!!!!!,..........
     
  6. shredfit1

    shredfit1 Road Train Member

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    Nov 24, 2008
    MN
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    Very correct, it's the same in MN. Just because a company makes you sign something doesn't make it 'legal' for the company to take/withhold earnings from employees.

    I do, however, know of at least 2 companies(names removed to protect the idiotic) that have a play on state law. The company will claim that the office for a certain practice(say idle overage charge) is in a state where the charge is legal, Illinois for example. Still, yelling foul with an attorney on your side will likely get them to back off, but you'll be lookin' for a new job too.
     
  7. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    May 28, 2009
    The Who's Your State
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    This is also the case in Indiana. It is illegal for a company to take money out of your check unless it's for taxes,ins,401k etc........ The cannot take $ out for stuff like idle, Out of Route Miles, damages etc.............
     
  8. Pur48Ted

    Pur48Ted Road Train Member

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    Jun 14, 2006
    Grand Rapids, MI
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    Pretty much the same here in Michigan, but Michigan goes one step further.
    In Michigan, the employer MUST obtain WRITTEN PERMISSION FOR EACH DEDUCTION/EACH TIME for payroll deductions that don't include 401.k, payroll taxes or insurance.
    That means they have to get written permission EACH TIME they deduct from your paycheck and in MOST CASES; deductions for damages are NOT allowed, except when GROSS NEGLIGENCE or INTENTIONAL DAMAGE can be established.
    If they DO NOT get written permission, they MUST take the issue to a CIVIL Court.
    IF THEY DO make deductions that aren't allowed, the employee only has to file a complaint with the Dept of Labor/Wage and Hour Division.
     
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