Serious 1099-DAC Question

Discussion in 'Ask An Owner Operator' started by US MARINE, Dec 22, 2011.

  1. Dec 22, 2011 #1
    US MARINE

    US MARINE Heavy Load Member

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    I attended orientation for a company back in 10-10 and pulled 4-5 loads for them . I never one time got any accounting from them such as
    1. Settlement ( not 1 ever)
    2. 1099
    My truck went down and was down for aprox 4-5 weeks and I just went on and resigned in 12-10 . I did this via a phone conversation with the safey dept all was good and welcomed back .

    I had a little of their equipment stll Qualcomm, Plate , Safety manual , fuel card . In which I recieved a email stating that if I did not return by such a date ( about 1 week in future) that they would DAC me for theif . OK... Fine ... I go to UPS and send all the requested items ... all of them not some ... and sent them 2 day ground UPS with tracking number and verified delivery ... I also took pictures of the box contents and sent them to the HR lady who confirmed the reciept of the items 2 days latter VIA EMAIL. They then stated that all was returned and we were clear.

    Now I see on my DAC that they put me as TERMINATED and MISS USE OF COMPANY FUNDS as the reason ...

    Again ....

    NO ACCOUNTING
    NO 1099
    NO SETTLEMENT
    NO PAY .... EVER DRAWN ... I have all 4-5 ( cant remember) but I have all the load reciepts signed BOL from consignee ( copies ) all date stamped etc

    Email conformation all is clear ( from company)...

    Question

    what are my options on this and do I have LEGAL RECOURSE against them since obviously this has cost me employement oppertunities cause THE DRIVER IS ALWAYS WRONG



    Did they violate any laws by not
    1. Giving pay records
    2. No 1099
    3. Placing false information on my DAC when I can back it all up
    Is DAC under the same laws as the FAIR CREDIT REPORTING ACT ?

    I know this is a long post but wanted to get all the info across so I could get a sound answer



    Thanks for advise
     
    Last edited: Dec 22, 2011
    US MARINE, Dec 22, 2011
    US MARINE, Dec 22, 2011
    #1
    123456 Thanks this.
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  3. Dec 22, 2011 #2
    fortycalglock

    fortycalglock Road Train Member

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    Call OOIDA. They have all the FACTS. If you never got paid from them, you wouldn't get a 1099. If you are a corporation, they don't have to send you a 1099 either.

    DAC can be challenged and the entry removed. The easiest and fastest way is to call your former carrier and have them correct it. If not go here
    http://www.hireright.com/Consumers-Applicants.aspx#DisputeForm
     
    fortycalglock, Dec 22, 2011
    fortycalglock, Dec 22, 2011
    #2
  4. Dec 22, 2011 #3
    US MARINE

    US MARINE Heavy Load Member

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    not a corp .. I am a sole prop...
     
    US MARINE, Dec 22, 2011
    US MARINE, Dec 22, 2011
    #3
  5. Dec 22, 2011 #4
    US MARINE

    US MARINE Heavy Load Member

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    My thought is if they say that you

    MISS USE FUNDS then there must be pay of some sort ... or accounting because MISS USE would in fact crreate a neg balance ... maybe im wrong ....

    Im not entirely sure
     
    US MARINE, Dec 22, 2011
    US MARINE, Dec 22, 2011
    #4
  7. Dec 22, 2011 #5
    fortycalglock

    fortycalglock Road Train Member

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    It could be a coding error when it was reported. I find it odd you never turned in your bills to get paid though. I would call the carrier's HR department first and find out, as they can have it fixed much quicker than the drawn out dispute process.
     
    fortycalglock, Dec 22, 2011
    fortycalglock, Dec 22, 2011
    #5
  8. Dec 22, 2011 #6
    Roadmedic

    Roadmedic Road Train Member

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    They should have given you an accounting. It is required.

    The 1099 not given is not an issue yet. They have till January 31, 2012 to forward any 2011 1099's. That is when they have to send them out, not before.

    As far as the DAC issue, you have admitted that you kept some stuff and delayed returning it.

    You can only file for a correction if you can get it. The companies hold all of the cards in these issues.

    DAC is subject to the same rules of the Credit act.
     
    Roadmedic, Dec 22, 2011
    Roadmedic, Dec 22, 2011
    #6
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