Quit driving for a company and they stole $1,200 from my check

Discussion in 'Experienced Truckers' Advice' started by jordanshackelford, Jul 20, 2022.

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  1. jordanshackelford

    jordanshackelford Bobtail Member

    Mar 29, 2019
    I drove for these guys from Uzbekistan on 1099 from february to july so about 5 months. I just quit a couple weeks ago and my last check should have been $1,800+ but they withheld $1,200 and said it's because the truck was scratched.
    This can't be legal, right? I don't even think the scratch NEEDS to be repaired but even if it did, how am I responsible for that as the DRIVER? Also $1,200 seems high for a little scratch. Minor cosmetic damage is going to happen especially with how many miles I was driving. I put over 50,000 miles on the truck, it's ridiculous to expect that it will look brand new still.

    I looked into a bunch of legal cases where it was said that many truckers are being misclassified as 1099 contractors when they should be classified as employees and that you are protected by employment law in most cases even if you are being paid on a 1099. And I also read that it is illegal to withhold pay.

    Not to mention they had me doing team loads as a solo driver and they had a team of guys editing my logs so I could never run out of hours. They had me delivering loads from Washington to Ohio solo in under 40 hours. I have been kicked from the telegram chats where I was communicating with the log team but I have screenshots where they were talking about creating a fake team driver for me and that if I get stopped to tell them he went home for a family emergency. Also I have a screenshot of them saying "sleep when you want, drive when you want, just let us know to fix the hours." I have pictures of all the bills of lading and I can prove that it was not possible for a solo driver to deliver these loads in the alotted time.

    So how do I go about getting my money? I filed a complaint on NCCDB - National Consumer Complaint Database a few days ago but I haven't heard back from them yet. On my complaint form I had checked boxes for
    "Company requires that driver falsify log books."
    "Company requires that the driver exceed maximum driving time allowed by regulation."
    "Company requires driver to drive without taking the proper off-duty period."
    "I was coerced to commit a violation related to Hours of Service."
    "The company that contracted with me for this job has refused to pay for the services that we agreed to, and that I/my company performed"
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  3. buzzarddriver

    buzzarddriver Road Train Member

    Feb 1, 2011
    Dallas, TX
    What does your driver contract say? You did sign some kind of employment contract, right?
  4. jordanshackelford

    jordanshackelford Bobtail Member

    Mar 29, 2019
    They didn't give me a copy of the contract so I'm not sure what's in it. But i'm pretty sure the contract has to follow the law so even if it says they can take money out of my pay, it could still be illegal. Especially because I was an employee, not a contractor. I provided nothing but my ### in the seat and they gave me the tools and told me when and how to do the job.
  5. wichris

    wichris Road Train Member

    Jan 17, 2011
    Someday people might learn that a 1099 "employee" has little rights. You were not an "employee" but a sub contractor.
  6. Long FLD

    Long FLD Road Train Member

    Mar 4, 2015
    If you want to get at them then turn them into the IRS for misclassifying workers.

    Since you were 1099 the likelihood of seeing your money is slim. You’ll have to chase them in court.
  7. kylefitzy

    kylefitzy Road Train Member

    Aug 12, 2007
    Kansas city,Mo
    I have over 500 k miles on my truck with zero cosmetic damage. So no, a little damage is not normal. What did you hit?

    work for shady people, damage their equipment, and shady things happen when you quit? And you’re surprised? Life’s tough, wear a helmet.
  8. lester

    lester Road Train Member

    Jan 2, 2012
    NW, Iowa
    I just love how some of you people seems to think damaging a truck is just part of driving. Oh it's just a little scratch and I drove the truck 50,000 miles. And I as the driver am not responsible for that scratch getting there. With that attitude what will the truck look like at 1 million miles? FFS..
    kylefitzy, AModelCat, Long FLD and 6 others Thank this.
  9. sbaumann14

    sbaumann14 Road Train Member

    Sep 1, 2010
    Rhinelander, WI
    Sooooooo. They didn’t give you a copy of what you signed? Did you sign it. Did you READ it?

    if yes to the first and no to the second, then why are you asking this question?
  10. Star Rider

    Star Rider Medium Load Member

    Sep 23, 2019
  11. nredfor88

    nredfor88 Road Train Member

    Sep 26, 2019
    The problem I see is that you were a party in falsifying the logs. Just be happy you didn’t wreak and get sued or prosecuted.

    Move on. Get a better job.
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