Is there anything I can do about a company lying?

Discussion in 'Trucker Legal Advice' started by Raynlynn, Jun 5, 2017.

  1. Raynlynn

    Raynlynn Bobtail Member

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    I am a lease purchase driver. The company I work for pays via percentage pay 70/30 70% being in my favor. I know some of the loads we haul are way more per mile than what they are telling me. One reason I even questioned it was, even if I was a company driver these loads would be putting them in the hole per load. We have contracts with these certain customers to have a minimum of 11 trailers in their yard at all times to be loaded. So, it's obvious they are lying about the total freight pay (they give me a screen shot of the *rewritable* program saying their total they are getting and we have to calculate ourselves the 70%) So, knowing they are changing the pay and knowing they will deny it and the customer wont say anything, is there anything I can do to prove it and take it to court and possibly get compensation?
     
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  3. driverdriver

    driverdriver Road Train Member

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    Call a lawyer you are intitled to see the rate.
     
  4. Ridgeline

    Ridgeline Road Train Member

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    WHAT does your contract say?

    YOU need to read this

    FMCSA CFR 376.12 subpart (g)

    Copies of freight bill or other form of freight documentation. When a lessor's revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill or a computer-generated document containing the same information, or, in the case of contract carriers, any other form of documentation actually used for a shipment containing the same information that would appear on a rated freight bill. When a computer-generated document is provided, the lease will permit lessor to view, during normal business hours, a copy of any actual document underlying the computer-generated document. Regardless of the method of compensation, the lease must permit lessor to examine copies of the carrier's tariff or, in the case of contract carriers, other documents from which rates and charges are computed, provided that where rates and charges are computed from a contract of a contract carrier, only those portions of the contract containing the same information that would appear on a rated freight bill need be disclosed. The authorized carrier may delete the names of shippers and consignees shown on the freight bill or other form of documentation.
     
    Bwbibb, nax, not4hire and 3 others Thank this.
  5. Raynlynn

    Raynlynn Bobtail Member

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    Jun 5, 2017
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    Yes, they do have the computer generated pay sheet but it is changable.
    So I can request the contract between this company and the customer? and the just started the program about a month and a half ago so it doesn't say we can't request actual documents instead of the computer generated program.
    mean I can legally read the cust
     
  6. TAfool

    TAfool Medium Load Member

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    In plain english, you are legally entitled to see the original contract showing the rates.

    TA
     
    Grumppy Thanks this.
  7. zinita17601

    zinita17601 Road Train Member

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    Your entitled to c the contract but that doesnt mean u gonna get 70% of what u c.
    Trucking companies offering lease purchase usually set up a seperate brokerage entity to put an extra middle man between u and the customer.so maybe the loads pay really good but u only gonna c 60% at best.
     
  8. MOBee

    MOBee Road Train Member

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    You should have a copy of the actual invoice for every load hauled. If they don't do that, you need to have your attorney discuss it with them, again depending on what you signed in your contract.
     
  9. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    (I'm a company driver but) This is good stuff to know! I appreciate the info given in this thread.
     
  10. miss elvee

    miss elvee Heavy Load Member

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    I don't think I've thanked you for all the great info and source you cite on here. Not only do you often have the answer, but you cite regs to back it up. I know Mr. E and I really appreciate it, and I have a feeling many more do, too.

    So thanks for taking your time to help us.
     
  11. nax

    nax Road Train Member

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