Shady Termination.

Discussion in 'Trucking Industry Regulations' started by Eamac2004, Oct 5, 2016.

  1. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    What part of SC and I may can help point you in the right direction. How is your MVR, criminal history etc
     
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  3. Pumpkin Oval Head

    Pumpkin Oval Head Road Train Member

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    You do have one thing you can do. After you get your stuff back, file for unemployment. He can protest it, but he will have to give a reason for your termination that shows misconduct on your part for the termination....which I don't think he has, based on what you have said.
    Just go to the unemployment office and file your claim....they will tell you everything you need to do. File in the state you live in.

    You may be able to collect up to $10,000., that will go against his unemployment rate he pays to the state.
     
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  4. thejackal

    thejackal Road Train Member

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    I hope u didn't already mail that stuff he needs..keep it.
     
  5. thejackal

    thejackal Road Train Member

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    Is he actually officially terminated?
     
  6. Eamac2004

    Eamac2004 Light Load Member

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    I was a contractor so none of that applies to me. I sat a week with no contact, then called him and had a polite conversation with him. He agreed to ship clothing, tools and iPad, and I told him to keep mini fridge and inverter. Something is better than nothing, had to cut my losses and be polite as possible about it.
     
  7. Eamac2004

    Eamac2004 Light Load Member

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    Because felons are more likely to be narcissist than people without a record.
     
  8. Pumpkin Oval Head

    Pumpkin Oval Head Road Train Member

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    Scranton PA
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    But were you really a contractor? Did you own a share of the truck? If not, you were actually an employee that was misclassified as a contractor..... Which means your boss has bigger problems with the IRS. He has not paid your fica tax, so he is cheating on his taxes. He has not paid your unemployment insurance to the state.

    If I were you, I would file for unemployment and let the government pursue his unpaid unemployment tax. I would also notify the IRS that you were misclassified as a contractor so that you get a fica tax refund for your 7% overpayments you have made annually.
     
  9. Ridgeline

    Ridgeline Road Train Member

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    Owning part of the truck has nothing to do with it, it has to do with the relationship and who makes decisions.

    You are contracting talent or skills. Not equipment.

    If ownership was an issue with contractor/company relationship then every IT professional instantly became an employee.
     
  10. Pumpkin Oval Head

    Pumpkin Oval Head Road Train Member

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    Scranton PA
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    IT is different than trucking. IT, engineers, etc are knowledge based professionals that require a college degree per the IRS.
    Truck driving is a trade and does not require a degree.
    The IRS rules are clear...if you do not own your equipment as a trucker, you should be classified as an employee, as thousands of company drivers are.

    IRS regs and court cases make this very clear.
     
    x1Heavy and Eamac2004 Thank this.
  11. Aries417

    Aries417 Bobtail Member

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    Planet Mars
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    1099 independent contractors are bound by the agreement contained in the contract. I don't think you are entitled to the same protections as employees under the EEOC rules and regs. Legally you should consult with an attorney as each case is specific to the contract.

    Hopefully, the owner has the common sense to put everything in writing and send you a copy for the reasons he terminated the contract. it could result in a breech of contract which could force him to pay you for the lost income.

    Be sure and document any communication by certified mail.
     
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