I got scammed by an owner operator need advice!

Really nothing you can do unless you have a contract

 

That is what I was told when I didn't get paid. It has been over a yr still haven't seen the money

What company?

 

At least she only got you for three weeks. Many on this forum have been burnt for far more.
Put your primary focus on getting another job, and as a sideline try to get your money out of her. Good luck to you.

 

.....ok go on greg list and post a complait on that forum and put an add in the paper telling poeple about her and also call your local dot office see what can be done .you sue her for moneys owed even without contract .but it cost you money to this ..also better bisness burial..also calll and file a complait to state board of employment ..most of these things can be done not cost you .most of all don't let her get away with that .BS...you have avenues to stop her from doing to more people .at least call state board of employment its free

 

I know I am way wrong in saying this, but it is more or less just a thought. If I found out I wasn't getting paid, I would have taken the truck home.

If she tries to get you for theft, just say she said you could take it home. Her word against yours. She would also have a hard time proving that you didn't work for her if you had her truck. Not the right way to handle it, but just a fun thought.

In all seriousness, if you kept a copy of your bills and all your paperwork I would suggest taking her to court. I know in MI the small claims court is limited to around $3500 or so and the costs are minimal. I think it is around 50 bucks. These are just ball park numbers. I have only been to small claims court once a few years back. Another plus with the small claims is that you have to represent yourself. No lawyers allowed. So if you are smarter than her, this should be a plus.

You can also send emails or letters and try to get her to admit her debit to you without her seeing your motives. Kind of like asking if and when you are going to see that money you are owed. Using an exact number different from the actual debit was sometimes works too. Like if you are owed $500, you ask when can you expect payment of your $800. They might say I only owe you $500. You get that on record, then you got her.

The burden of proof in small claims falls on the plaintiff, so you will need undeniable evidence against her within a reasonable doubt. Without having a written contract, that will be very hard to prove. If you have recorded phone conversations or text messages, that would go a long way to make up for that. Also, the exchange on criagslist would be very pertinent.

Another positive is that if she fails to show for the court date, then you win by default and she has to pay what you claimed. If she does not, then you are going to have to get a default judgement against her to garnish her wages. That is another entire process in itself, and we'll save that one for another day.

If you can afford a small bit of money to try, and you think you have at least a little bit of evidence, then you wouldn't really have much to lose.

 

what i wonder is, why did you work PAST one week without being paid...?? if it were me, i'd say good-bye if that first weeks pay wasn't there, as my time is valuable as well. working for free is not in my mindset when i have bills to pay as well.

putting an ad in Craig's List is free....(and there is NO LIMIT to the things you can say)....putting one in a local newspaper will cost money, (and you cannot use curse words, and there is a limit for the money you WILL PAY), so strike out the newspaper.

you can take her to small claims court, but again, "he said/she said" you have no proof of your claim(s). and who would anyone think the judge will believe, a business owner or an unemployed person, with NO proof...????

lesson learned, you know that, move on, and NEVER work for an o/o again. trust an o/o about as much as you'd trust a company recruiter....and you KNOW YOU WOULDN'T TRUST a recruiter.....right..??

sad fact here too, you cannot use the time spent driving as any experience, as she'd never say so to another employer....she knows if she did, that could nail her......just use that time as "unemployed", as no one could verify anything...

best of luck to you on your job searching.

 

A bit of a blanket statement, no?

 

Been there, done that, sued them, won judgement. Problem is.... getting blood out of turnip. Not gonna happen. Shame on me.