Yes we do. Which is also clearly stated in the new ICOA. It's what has me wondering if SNI is trying to get sued, to see if they can get away with it.
I think its something like 3% of whatever payments you have left on the lease. And you have to return the truck to either GB or Charlotte.
SNI went to great lengths in this new agreement to define us as IC's and that we are on 1099.... They are trying to avoid the lawsuit that FedEx got nailed with... It even says in the contract now that we can lease onto another carrier while still leased on with Schneider. Just cover up the DOT number, fill out the form, send to Schneider and go.... Roll on...
Right, that's why this whole trailer disposition thing is so puzzling. You would think SNI would get that once they start saying we have to move their trailers at our expense, we are no longer ICs at that point. Which would open them up for a lawsuit, or am I missing something?
No I don't think you missing anything, and I agree. How do they think they can force us and still be considered contractors?
Schneider is really playing with fire on this one. This technicality can go either in favor of them or of the IC's it's just a matter of how well a lawyer can present and push it. They are only allowed the control the end result so dictating what happens, they are not however allow to dictate how and when it is done. But with that said they are still legally allowed to set the details of said job. They are really playing a fine line of if their lawyers can beat the IC's. Don't get me wrong, I'm not for schneider, I'm taking my truck out as soon as the lease is over and I'm not signing the contract until the day it is due. I'm taking my business to quality and going through panther. SNI is all ######## and nothing else. With that said the next time a SNI person tells my driver to pick an empty up at xyz immature gonna tell them to go #### themselves because trailer shuffling is not a part of the job description laid out by the contract...
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Defined Quoted from above link You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed I will humbly back out now after throwin my 2 pesos in
What you people need to realize is: WE ARE NOT independent contractors. We are contractors who have signed an agreement. No negotiation=No say. We do it their way or not at all. Plain and simple.
