Refuse to pay

Uh Oh,

Jimmy's got a sweet & sour nugget sauce with dirt in it.

It looks like Jimmy's gonna eat that dirty sweet & sour sauce.....

Jimmy shouldn't eat that dirty sweet & sour sauce.......and neither should YOU.

LOL

 

hey guys, just wanted to check your opinion on the issue I got with my employer. Im a new driver, got my license 4 months ago. Was hired by a company as a team driver. My partner I drove with, has 2 years of experience behind him and was assigned to me as an instructor. We drove east-west for a month, me being a student on $100/per day salary. The second month we drove, me being on regular salary 0.50c/mile. The third month I was given another team driver (inexperienced one). Together, we drove in all possible winter weather conditions passing many mountain passes with chains and so on. Our average mileage each doing 550-600 per shift, There were not enough loads to earn any money to keep me on the flow with my bills and we decided to end it. Now my employer refuses to pay us for the last trip we did from CA to PA making stops in CO and IA to load/unload in a meantime. He claims that he withholding money from each of us because he invested in us by teaching us how to drive. The last thing I remember I got my license from CDL school, not his company and the instructor didn`t teach me anything in the process. He claims that we have not enough experience to give us enough loads. So it appears that making money for the company driving across the country delivering goods is enough experience, but when it time to pay for the last trip is not. What do you guys think, what should I do in this situation. All kinds of reply are welcome.

 

Were you paid 1099 or w2?

If W2, then file with the stat labor board. Call your state if it's different and see which one to file with.
If 1099, you're sol. Oh you could take him to court, but it will cost more to get the money than what is owed.

 

I was paid 1099, he claims that he will withhold the money he paid me for so-called "training"

 

Well, hate to sound like an ahole, but that's what you get for working for someone that pays illegally. We here it here weekly at least, and yet people don't do 10 minutes of research until the predictable happens.

Like I said, you can sue, but it's likely will cost more than owed. On your new job find one that pays legally and you'll have some protection then.

 

Why, Why?? would a person go to work for an employer under a 1099? Illegal as hell, sure employers are getting away with it, only because drivers continue go to work under this illegal system. concerning this case here, if I was you, I would file a claim against this employer in Small Claims Court. Are you located near his "headquarters"? Where did your previous checks originate from? Go to the county court house and start the proceedings. You will basically swear out a warrant and the warrant will be served and the employer better not ignore it.

 

Under law, not one cent can be withheld from a person's pay check without written authorization. Other than a court order. Even taxes, you sign allowing taxes to be withheld. Although, I realize that under 1099 no taxes are withheld, but the same principle applies. this ######## of an employer taking a man's wages just because he wants to is 100% against the law.

 

I agree, signing as 1099 was a stupid move, but I was not really into law thing at that point. Its pointless to talk about it now, I guess. The only thing is Im trying to do is to recover what I owed, what I worked for, no more no less. 3000miles+layover 3 days+personal money spent on truck.

 

After doing some digging-yes, it is actually illegal for a trucking company to pay 1099 as its called misclassifying employees-which is not only a state but a federal crime. In order to be classified as a 1099 contractor, a driver should be involved in some kind of legal responsibility for the truck or the load. Example-pay for the fuel on his own, or share % of the load, or provide cargo insurance.

 

You'll never see a dime. The dude screwed you and will do the same to the next guy.
Move on