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Is it legal??

Discussion in 'Experienced Truckers' Advice' started by Soundx3Soljah, Mar 9, 2020.

Page 7 of 8
  1. Mar 11, 2020 #61
    Soundx3Soljah

    Soundx3Soljah Light Load Member

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    i agree that it’s probably bs but disagree that he should have to pay if it isn’t. I feel like if you’re a company driver, your company assumes responsibility for you via insurance. I don’t know the legalities of making a company driver pay for a preventable, but in my opinion it isn’t right and kind of defeats the purpose of being a company guy.
     
    Soundx3Soljah, Mar 11, 2020
    Soundx3Soljah, Mar 11, 2020
    #61
    650cat425 and Opendeckin Thank this.
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  3. Mar 11, 2020 #62
    TokyoJoe

    TokyoJoe Road Train Member

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    Yeah if he's a company driver they can just decide whether to keep him or not. He doesn't own any of the equipment.
     
    TokyoJoe, Mar 11, 2020
    TokyoJoe, Mar 11, 2020
    #62
    650cat425 and okiedokie Thank this.
  4. Mar 11, 2020 #63
    okiedokie

    okiedokie Road Train Member

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    That's what insurance is for. A company driver doesn't have to pay for accidents.
     
    okiedokie, Mar 11, 2020
    okiedokie, Mar 11, 2020
    #63
    not4hire and 650cat425 Thank this.
  5. Mar 11, 2020 #64
    Soundx3Soljah

    Soundx3Soljah Light Load Member

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    Final update; at the insistence of I and other family members my cousin got a free phone consultation with an attorney this morning. According to the lawyer, police in California will NOT show up to cite or report for any non injury vehicle accident or incident on private property, save for a very narrow scope of exceptions (eg trespassing, intentional vandalism like a ball bat to somebody’s headlights, etc), Furthermore, the attorney urged my cousin to consider legal action against his employer due to the fact that he has been misclassified as an I/C. The legal definition of an I/C is a contract worker who directs his own work and works on his own schedule. Neither of these things are true in his case. Many of you on this thread were right about everything long before the consultation, which proves just how important social media resources like these are for fellow drivers.
     
    Soundx3Soljah, Mar 11, 2020
    Soundx3Soljah, Mar 11, 2020
    #64
    not4hire, okiedokie, x1Heavy and 1 other person Thank this.
  7. Mar 11, 2020 #65
    x1Heavy

    x1Heavy Road Train Member

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    I am not always "Right" I have crossed swords with bad companies before many a time. Sometimes I win sometimes I lose and sometimes its better to change jobs and let the previous company implode and burn. The trucking industry runs on money nothing else. Not even the fuel or bodies to hold the wheel. And so greed sometimes sets in.

    You cannot reason with evil, but if you find it and have a lawyer able to eliminate the emotional side and think clearly and see the damage done, then yes go hunting and good luck. I have had asked lawyers in the past a few times to be sure if thats a fight I want to pick. And by and large they are really really good at stripping the feelings and other unnecessary problems to focus on just the core. And if its worth it? Then yes. Full attack. Pay me. But not before.
     
    x1Heavy, Mar 11, 2020
    x1Heavy, Mar 11, 2020
    #65
  8. Mar 11, 2020 #66
    Old Man

    Old Man Road Train Member

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    Once they get into employee classification the IRS will bankrupt them. They willl get audited and all driver past and present will get part of what they paid in self employment taxes back,
    Their little scam will cost them big time.

    I know someone who lost his business because of paying on a 1099.
     
    Old Man, Mar 11, 2020
    Old Man, Mar 11, 2020
    #66
    kemosabi49, roshea, x1Heavy and 2 others Thank this.
  9. Mar 12, 2020 #67
    x1Heavy

    x1Heavy Road Train Member

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    I hope I live long enough to see a all robot truck OTR long haul company attempt to keep human costs to zero.
     
    x1Heavy, Mar 12, 2020
    x1Heavy, Mar 12, 2020
    #67
  10. Mar 12, 2020 #68
    Ridgeline

    Ridgeline Road Train Member

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    Ok a few thoughts ....

    This is done on company property so insurance and payroll deduction doesn't happen.

    Fight?

    How?

    Get a lawyer. At minimal cost will be more than what they are asking. But it is needed.

    Maybe a case where the IRS will force them to pay taxes as any driver working for a crap carrier using and abusing 1099 by forcing the driver to take loads should be be screwed into the ground.

    I don't get why people work for these crap cheap 1099 carriers.

    Work for a mega, it is better for all of us.
     
    Ridgeline, Mar 12, 2020
    Ridgeline, Mar 12, 2020
    #68
  11. Mar 12, 2020 #69
    SmallPackage

    SmallPackage Road Train Member

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    Or a “family” member
     
    SmallPackage, Mar 12, 2020
    SmallPackage, Mar 12, 2020
    #69
    Chinatown Thanks this.
  12. Mar 12, 2020 #70
    Soundx3Soljah

    Soundx3Soljah Light Load Member

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    In theory you’re right but a lot of it depends on options. Ex cons, people with shady or incomplete employment verification and people looking to dodge child support or tax liens may all be preyed upon by these 1099 outfits and truly believe it is their best option. Many times Megas also won’t hire people with the above mentioned issues anyway. And unless you’ve got a sweet set up like you’re a trainer running your students as a team it’s hard to make good money at the megas
     
    Soundx3Soljah, Mar 12, 2020
    Soundx3Soljah, Mar 12, 2020
    #70
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