Refuse to pay

Lawyers love the kinds of cases that get jurors pissed off at the other side. Employers try this kind of crap because they know from experience that only a small percentage of employees will do anything about it. I would talk to an attorney, and I don't mean tomorrow.

 

The labor board is a beautiful thing I've used them against employers a couple different times with 100% sucsess and it's free. Companies usaully buckle quickly when they get evolved.
Don't get discouraged if the first person you talk to acts like they either they don't want to help or you don't have a leg to stand on.
The last time I used them wound up seeing the head honcho who was more than agreeable to help.

 

You can’t file a warrant. Only a court can issue a warrant and they are not issued for civil cases at all unless someone repeatedly fails to comply with a judge's orders (called a civil capias warrant).

When suing someone you serve them with a subpoena to appear after filing a claim with the court. In most cases it needs to be served by someone not listed in the case, including you. Most hire a process server.

Best to just go to the Labor Board and let them fight the battle for you. Start at https://eservice.llr.sc.gov/Complaints/

 

While I do suggest talking to a lawyer also.... You did agree to a % payment. If the comany got paid 0, then 30% (or whatever) of 0 is still 0.
Now the company should file on the brokers bond for at least one way (depending on rate sheets done or not for the return.)
This is one reasion I personally do not like % as an employee. Too many variables beyond my control.

I guess mainly read you employment contract in reguards to pay and start looking for another company. And even if they make good on this load I would be moving on. Who knows when they will pull this again.

 

What makes you think the trucking company didnt get paid? If the load is rejected for quality issues beyond their control they trucking company gets paid. If they prove the trucking company damaged it to the point it's garbage then its a different story. I've had loads rejected before and always have gotten paid BOTH ways.

 

The truck company may have agreed not to charge for the load if it is a good direct customer for them to keep the happy, but I doubt that is the case on a load all the way to Maine from South Carolina. Even if that is the case they should still pay the diver has was not part of that agreement.

As for hiring a lawyer, I swear half the posters on here must work for law firms trying to drum up business.

No lawyer would take this case on contingency and only get paid 1/3 of the award for a single loads driver’s percentage, even if there were punitive damages awarded in addition to his pay. The OP would probably get next to nothing after paying the lawyer’s hourly rate if he won and there is always a chance (probably slim but possible depending on how his contract reads) that he won’t win and he would still be stuck with the attorney’s bill.

It’s a simple labor dispute so why not first see if the labor board can help before doing anything else? If they can’t help then conceder gong to small claims court but you have to weigh the time involved with gong to court, filing fees, and subpoena services fees agents the gains, it may just not be worth the time or aggravation.

The fact the OP even has to consider having to file a dispute with the labor board or going to small claims court is a good induction that the OP should find a new job even if he ultimately gets paid for the run.

 

The fact that the company didn't pay him. Sure I could be wrong, and would like to know if I am.

 

Is this legal?
Try passing that excuse to your mortgage company.
I'm about to try it at McDonald's right now.
I'll keep you posted.

 

Didn't work, hiding in the bushes waiting for the cops to leave.
Snatched my nuggets and ran. Eating them now. Got dirt all in my sweet and sour tho...

 

Sweet and sour dirt , yummy ...