TDB Ranch/Baker Transportation. Owner Tony Baker, Granbury, TX

Buttercup612 · Jun 15, 2014

I only worked here for 3 weeks. The truck I was driving had so many issues from blinkers, wipers and a/c not working, power steering going out, to a headlight out(I paid to replace) and a tire not holding air and 2 blowouts(1 of them I paid to have spare put on because his credit card was declined). My last day was May 23 and he kept half of my next 2 checks and never reimbursed me for what I paid for. Then he lied to my new prospective employer and told them I had a preventable accident in his truck and drove it into a ditch on April 4th and I was a very unsafe driver and was not available for rehire. The first time I ever drove one of his trucks was on May 5th. He straight up lied and cost me my new job. Now I have to prove that he lied in order to be reconsidered for employment !!!!!!

pattyj · Jun 15, 2014

Small claims court or a lawyer.I know a great lawyer who fight for truck drivers.I hired him a few yrs back.Mine was for wrongful termination.

superflow · Jun 15, 2014

Call a lawyer ....you have a lawsuit for slander and unpaid wages

STexan · Jun 15, 2014

Are you sure it's Baker who gave the bad reply and not perhaps another previous carrier that they found out about? Why do you suppose this Baker character would lie like that? I realize some bosses get mad when you question their equipment right off the bat, but if it was needed, it was needed.

If you were there only 3 weeks and he's a small operator like it sounds like, don't even bother mentioning this employer on your next app. You're never going to be able to "prove he's lieing" to anyone other then to say if this was an accident, there was probably property damage such as a ruined fence or at least a failure to maintain control, so why is there no record of this on a license check?

70s_driver · Jun 15, 2014

If you're a company driver, don't ever pay for any repairs to their truck-make them send a comcheck. If you were doing a lease purchase, then yes Pattys option is probably going to be the only option but Id let an attorney look at the contract you signed, preferably one with trucking company case experience.

Buttercup612 · Jun 15, 2014

The company told me it was TDB Ranch who they called to verify employment and Tony Baker told them I had a preventable wreck in his truck. And yes there is no record of it just his word - nothing on my DAC - I immediately called to check that. But because I had him down as my previous employer and that was his statement, unless he calls and retracts it, the burden of proof is on me. Oh I will definitely not put him down on an application again.

CondoCruiser · Jun 15, 2014

TX Dept of Labor will take care of the wages. He can't withhold any charges without your written consent.

As far as lying about an accident I would talk with a lawyer as superflow says it's slander and defamation of character if what you say is true. You don't have to prove you weren't in an accident, he'll have to prove to the court you were. Slander usually draws a chunk of money.

Deductions from Wages

To understand what wages are due and unpaid requires knowing what deductions are allowable. Employers must get proper written authorization before making a payroll deduction.
The employer may not make deductions unless:

Ordered to do so by a court of competent jurisdiction, such as in court-ordered child support payments

Authorized to do so by state or federal law, such as IRS withholding

Authorized in writing by the employee, and then only for a lawful purpose (authorizations may not be too general or too broad)

Deductions for out-of-pocket loans to an employee, even with an oral agreement to repay, are allowed only if the deduction is authorized in writing.
An employer who has received an income withholding order is required to withhold from wages, including any severance pay, commissions, bonuses or amounts paid in lieu of vacation time that the employee may be due under company policy or agreement.
If an employee has quit while in possession of company property and is due a final paycheck, wages may be withheld only when the employer is authorized to do so by law, required to do so by a court or has written authorization from the employee for the deduction. Otherwise, the employer would need to attempt to recoup the property by some other means, such as civil remedies (e.g., lawsuit, small claims court or police report) or make arrangements with the employee outside of a wage deduction.
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How to Claim Unpaid Wages

An employee who believes they have not been paid all wages earned may submit a wage claim with TWC no later than 180 days after the date the claimed wages originally became due for payment. If part of your unpaid wages were due within 180 days, submit a claim only for that part.
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Collections

If TWC determines that the employer must pay wages, the employer pays those wages to TWC and we pay the person due the wages. If necessary to collect the wages due, we may impose administrative liens and bank levies. We may assign the administrative lien to the individual submitting the claim at the individuals request.
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Penalties

If TWC determines that an employer acted in bad faith by not paying wages as required by law, we may assess an administrative penalty against the employer equal to the wages claimed or $1,000, whichever is less. We may assess penalties in the same amount against an employee who files a wage claim in bad faith.
It is illegal for an employer to:

Fail to pay wages after we advise wages are due

Hire or continue to employ an employee with the intent of avoiding paying wages

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http://www.twc.state.tx.us/ui/lablaw/texas-payday-law.html#deductionsWages

A similar case...

If your former employer lied about your work history and, as a result, cost you a job, you may well have a valid defamation action. I suggest you consult with a defamation lawyer in your state about this matter. (If you have difficulty finding one, try contacting a plaintiff side employment lawyer.)
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http://www.expertlaw.com/forums/showthread.php?t=1002

pupeperson · Jun 15, 2014

"...it's slander and defamation of character if what you say is true. You don't have to prove you weren't in an accident, he'll have to prove to the court you were. Slander usually draws a chunk of money."

And from the OP's description of his equipment, it sounds like this guy has money dripping from every orifice! More likely, he's what's known as "judgment proof." If that's the case, good luck finding a lawyer to handle it....

windsmith · Jun 15, 2014

If you were fired for raising safety issues or refusing to drive an unsafe truck, then contact OSHA and file a complaint against the company under the federal whistleblower statute.

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