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Is my company trying to swindle me?

Discussion in 'Questions From New Drivers' started by Leon Phelps III, Mar 14, 2013.

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  1. Mar 14, 2013 #1
    Leon Phelps III

    Leon Phelps III Light Load Member

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    Mar 9, 2013
    Los Ageles, CA
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    I have been working for a company by the name of Rush Hour Transport for about 3 months now and things are looking really bad. After my first month I had an accident. It was a non-reportable, non-preventable sort of thing. I took a month off and when I return I started back OTR and they were treating me like a new employee saying that I had to wait 2 weeks for my "first" check. After the second week I start hearing that all the other drivers checks are bouncing or just not getting to them and now the company has NO trucks on the road at all and they have refused to cut me a check for the last 3 weeks of work I did.

    I called the owner to ask about pay and he responds by saying "Don't you owe me money?" What? This is a company that is 1099 and claims it's drivers are private contractors but continues to refer to us as employees and company drivers.

    The owner says that I am responsible for the damages and I have to pay him back the deductible he had to pay on his insurance. He did not make it clear whether or not he is taking a portion of my check or the whole thing. In fact, it is not clear when or if I am ever going to be paid.

    My question is in California, is this legal? Can he do this? I don't remember signing anything that said I had to pay back deductibles, but if I did is it still legal?

    Any help is greatly appreciated. My next steps are quitting, labor board, bbb and attorneys.
     
    Leon Phelps III, Mar 14, 2013
    Leon Phelps III, Mar 14, 2013
    #1
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  3. Mar 14, 2013 #2
    Real Deal

    Real Deal Medium Load Member

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    May 29, 2012
    Saint George UT
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    You might as well move on. That whole story is jacked up and nothing good will come of it.
     
    Real Deal, Mar 14, 2013
    Real Deal, Mar 14, 2013
    #2
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  4. Mar 14, 2013 #3
    dca

    dca Road Train Member

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    I'd suggest to put yourself in the owners shoes, Truck is down, costing not making a dime, what would you do?

    what was your agreement(s)? do you have a copy? then perhaps, get a professional consultation.
     
    dca, Mar 14, 2013
    dca, Mar 14, 2013
    #3
  5. Mar 14, 2013 #4
    david123abc

    david123abc Heavy Load Member

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    Augusta, GA
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    Why anyone would agree to work for someone who 1099's them (illegally I might add) is beyond me. It seems like EVERY story on here that involves not getting paid, shady deductions, and just general sleezeball treatment is from someone who is getting a 1099.
     
    david123abc, Mar 14, 2013
    david123abc, Mar 14, 2013
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  7. Mar 14, 2013 #5
    NavigatorWife

    NavigatorWife Road Train Member

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    Cental West, AL
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    And let's just hope this doesn't haunt you on your dac report. Also being able to prove you worked for them maybe hard if you have no proof to show, you know how companies are with wanting no gaps in employment.
     
    NavigatorWife, Mar 14, 2013
    NavigatorWife, Mar 14, 2013
    #5
  8. Mar 14, 2013 #6
    MysticHZ

    MysticHZ Road Train Member

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    He can use his pay stubs as documentation of employment ...
     
    MysticHZ, Mar 14, 2013
    MysticHZ, Mar 14, 2013
    #6
  9. Mar 14, 2013 #7
    crackinwise

    crackinwise Medium Load Member

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    Aug 21, 2011
    Central Florida
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    I just have an opinion and not real legal advice but I imagine its illegal from an IRS stand point in terms of how you are classified. But the contract on you being responsible for truck repairs or damage could be legal
     
    crackinwise, Mar 14, 2013
    crackinwise, Mar 14, 2013
    #7
  10. Mar 14, 2013 #8
    Florida Playboy

    Florida Playboy Road Train Member

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    The guy pays his drivers on 1099 and makes them pay his insurance deductible you really think he uses DAC?

    OP how much back pay does he owe you and how much was the deductible?
     
    Florida Playboy, Mar 14, 2013
    Florida Playboy, Mar 14, 2013
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  11. Mar 14, 2013 #9
    TripleSix

    TripleSix God of Roads

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    I stopped reading at "checks are bouncing."

    Forget about the attorneys, BBB, labor board and all that other nonsense. Go find you a new job. Its that old 'blood from a turnip' thing. By the time the creditors get done with him, you wont get jack.

    On another note, not meaning to bust your balls, but
    1. driving for 3 months (yellow flag)
    2. an accident (red flag)
    3. took a month off????(red flag)

    You need to better your craft, amigo. Youre having wayyyyyyyy to many problems way too soon.
     
    TripleSix, Mar 14, 2013
    TripleSix, Mar 14, 2013
    #9
    aiwiron, passingthru69, Cman301 and 4 others Thank this.
  12. Mar 14, 2013 #10
    Down the road

    Down the road Light Load Member

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    Nov 19, 2012
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    I don't have a lot of sympathy anymore for guys who want to be paid as "sub contractors" who don't own the equipment themselves.
    They want all the deductions without any of the liabilities. The guy you work for KNOWS this and when push comes to shove.........you're not getting paid.

    Anyone who wants to play fast and loose with the IRS and balk at paying thier due amount of taxes deserves to get the shaft by these shady companies.

    If people refused to work for them,they wouldn't exist. Period.
     
    Down the road, Mar 14, 2013
    Down the road, Mar 14, 2013
    #10
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