Paycheck Deductions for O/O's?

Discussion in 'Trucker Legal Advice' started by SnOoP, Jan 2, 2008.

  1. SnOoP

    SnOoP Bobtail Member

    10
    2
    Jan 2, 2008
    Detroit
    0
    Hey everyone, I have a question regarding money being taken out of my check. I am an owner operator that currently employees a driver. The company I am leased onto has charged me 388.98 for a load that was not able to be picked up (this load only pays my truck 82.50). My driver broke his wrist on Monday 12/10/07 and worked most of the day, he called me after he had already picked up and delivered 2 routes of his dedicated lane. I called dispatch to let them know my driver needed to go to the hospital. They told me he had to take his 3rd route or I would be charged for them to expedite the load.

    My driver said he would pull it to avoid the charge. I went to the office and talked with the manager, they said they found another truck that could pull his 3rd route but wanted to know if he would be able to run his lane the next day. Not knowing how bad his wrist was I told them I would try. Later that evening my driver called from the hospital all doped up on morphine, telling me his wrist was in really bad shape. I called into dispatch at 11:00 pm and told them my driver would not be able to work, due to his wrist. I was told they would find someone to cover it. The next day my driver came into the office willing to run, but was not allowed to due to his cast that went from his wrist to his elbow. I had not heard anything till today when I picked up my check. They deducted the expedite fee of 388.98 for Tuesday 12/11/07 because they could not find a truck to pull the load.

    My question is can they legally take money from settlement check without me signing something to allow them to do this. I have not had a chance to re-read my contract agreement yet. I know as an employee the employer cannot do this, but as a contractor I don’t know. I have read a post about the qualification of being a 1099 contractor, and just for the record from what I have read here is the situation:


    1. They direct deposit my check
    2. Apparently my truck is forced to pull loads
    3. I cannot just go work (haul for someone)somewhere else etc.

    Any advise would be greatly appreciated!
     
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  3. Joethemechanic

    Joethemechanic Medium Load Member

    373
    31
    Mar 22, 2006
    Phila Pa
    0
    Is there a clause in the lease that allows them to make this back charge? Or is this something that they just came up with?

    How short was this load for $82.50? Is this some kind of intermodal drayage operation?
     
  4. SnOoP

    SnOoP Bobtail Member

    10
    2
    Jan 2, 2008
    Detroit
    0
    I have to re-read the lease agreement when I get in tonight, I dont remeber seeing anything about paying for a load to get delevered if I am unabel to take it. The milage is about 47 miles.

    I think this company also tries to screw us O/O's every chance they can, They also told me that the nextels they supply are charged .40 cents per minute for overages after they told me it was .10 cents. I find myself fighting for my paychecks, always atleast 2 or more loads not covered and then have to fill out a form and wait till the next week to collect.

    They charge for MVR's and just about everything they can get you for. I just put my 2 weeks in, getting the hell out of this place.
     
  5. Joethemechanic

    Joethemechanic Medium Load Member

    373
    31
    Mar 22, 2006
    Phila Pa
    0
    You know the sad part. They probably found someone like me that told them $80 an hour + FSC for tractor only, take it or leave it. So they paid the rate just to cover the load. The bill came to $388.98

    So they back charged you the whole $388.98 and got the load hauled on your dime.

    The gross on the load was probably about $120 and they kept the whole thing.


    Ask them where your $82.50 is, I'll bet that gets the sparks flying.
     
  6. psanderson

    psanderson Road Train Member

    1,030
    399
    Oct 13, 2008
    Moline, Illinois
    0
    The answer to your problem is in your lessor/lessee agreement you and the carrier signed. Didn't you read it before you leased the truck to them? If you didn't, then for all you know the lease could say you must stay for 6-years and if you don't you have to give them the truck & still make the payments. It still amazes me that an O/O will sign anything put in front of them & then complain when something happens to his/her dislike.

    From a retired federal DOT official.
     
  7. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

    27,593
    40,847
    Jul 23, 2007
    Midwest
    0
    Before you continue on this subject, go read some of my posts. Let me know what you think. O/O's get screwed around every turn, and a LOT of times, it isn't in the written contract, they just do it because they have the control of the money.
     
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