Truckers Report Jobs

Find Trucking Jobs

Company Driver Company Driver Dry Van Dry Van Flatbed Flatbed Refrigerated Refrigerated Specialized Specialized Owner Operator Owner Operator
More Trucking Job Searches ⌄ Fewer Trucking Job Searches
⌃

Truck owner not paying my dad for an inccident

Discussion in 'Questions To Truckers From The General Public' started by aap514, Jun 17, 2011.

  1. Jun 17, 2011 #1
    aap514

    aap514 Bobtail Member

    2
    0
    Jun 17, 2011
    lynwood,ca
    0
    Well I'm not a truck driver my dad is. The problem is that his boss is not paying him. He was making a trip to I Idaho (solo) roughly a 1 week trip there and back. Well the problems didn't start until he was heading back from idaho the transmission went out and costed $2,000 to fix (what his boss said). My dad has been a truck driver roughly around 8 years i would say. So I'm prety sure he didnt mess up the transmission. He knows how to drive 8, 9, 10, and 13 (super 10 also) speed except 18. So a few hours after the truck is fixed he is low on fuel. My dad calls his boss to let him know and he doesn't send him fuel money until 2 days later. He does this i believe 2 more times. All together my dad took about 2 1/2 weeks on a 1 week trip. When my dad finally arrives back, his boss starts giving him all this complaining that he isn't going to pay him because he messed up the transmission. He only gave my dad $120 out of $950 he was going to give him. The owner also mentioned that he is going to sew my dad for making HIM loose money. My question is what can my dad do to get paid for what he worked for. I'm prety sure the owner of the truck has to pay the mechanic problems not the driver hired. Correct me if I'm wrong. Looking forward to your comments. Thank you!
     
    aap514, Jun 17, 2011
    aap514, Jun 17, 2011
    #1
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Jun 17, 2011 #2
    libertasvelnex

    libertasvelnex Bobtail Member

    47
    19
    Dec 30, 2010
    0
    All depends on the contract they have. If he is an employee, he's not liable for repairs unless the owner can demonstrate abuse. If he is a contractor, he could be liable.
     
    libertasvelnex, Jun 17, 2011
    libertasvelnex, Jun 17, 2011
    #2
  4. Jun 18, 2011 #3
    Lil'Devil

    Lil'Devil Heavy Load Member

    749
    332
    Jan 1, 2007
    Great White North
    0
    the guy your dad is working for sounds like someone I wouldn't want to work for. If he is paying your dad as an independant contractor and your dad causes damage to the truck due to negligence, the guy does have a right to hold back money for the damage, if he is an actual employee generally they can not do this.

    The guy who hired your dad should understand that things do break, not necessarly anyones fault, he owns the truck and should be responsibe for any maintenance and repairs. It does not sound like your anything your dad did caused the transmission to go, sounds more like the guy is just cheap and doesn't want to shell out money out of his pocket for repairs. You mention the guy wants to sue your dad for causing him to lose money, that is just ridiculous, anyone who owns a trucking business knows that truck breakdown, and most of the time it is an inconvienience, but you can't sue the driver of the truck over it, when you own the truck.

    As far as getting the money that is owed to him, there is not much he can do, since it sounds like he is more of a contractor than an employee. If I were your dad I would quit working for that guy, cut my loses and move on. Any guy who doesn't want to maintain or repair his own equipment is not worth working for.

    We own a bunch of trucks, we have 4 employees and 2 contractors working for us, One time a contractor ruined a bumper on a truck so we deducted money from his pay. If the truck breaksdown while he is driving it, we get it fixed out of our pocket. When employees of ours had accidents there is nothing we can do, we have fired employees for accidents, but we can't deduct money from them.
     
    Lil'Devil, Jun 18, 2011
    Lil'Devil, Jun 18, 2011
    #3
    jbatmick and aap514 Thank this.
  5. Jun 18, 2011 #4
    aap514

    aap514 Bobtail Member

    2
    0
    Jun 17, 2011
    lynwood,ca
    0
    @Lil'Devil Yeah it was all good for about 1 1/2 months until that happened. My dad stopped working for him already. Thats exactly what I told my dad, that he is just being cheap and not paying him because of the repairs. I'm pretty sure his old boss knows he has to pay him because he still payed him $120. As of right now He keeps telling my dad to call him back everyday. I told my dad that he is probably just trying to keep doing that until one day he just gets too frustrated and forgets about it.Well thanks for the advice. I'm pretty sure my dad probably won't see that money.
     
    aap514, Jun 18, 2011
    aap514, Jun 18, 2011
    #4
  7. Jun 18, 2011 #5
    Roadmedic

    Roadmedic Road Train Member

    18,951
    8,981
    Apr 4, 2007
    0
    One thing to consider.

    Whether you are an employee or not is not the issue here.

    IT IS NOT LEGAL to withhold payment for services.

    Contact your state attorney general and the IRS.
     
    Roadmedic, Jun 18, 2011
    Roadmedic, Jun 18, 2011
    #5
    Lil'Devil Thanks this.
  8. Jun 19, 2011 #6
    paul 1052

    paul 1052 Heavy Load Member

    899
    346
    Oct 9, 2010
    Sand Springs, Ok.
    0
    Your Dad needs to file a complaint with your state labor board...he also works for a stingy idiot and really should get away from that company.

    They can't legally do what they are doing to him, the labor board will come down on him like a ton of bricks.

    Your Dad should be proud of you for going to this much trouble to look out for him....good job.
     
    paul 1052, Jun 19, 2011
    paul 1052, Jun 19, 2011
    #6
    Slot Car Racer Thanks this.
  9. Jun 20, 2011 #7
    rnmouse1

    rnmouse1 Light Load Member

    61
    6
    Apr 15, 2011
    Western Idaho
    0
    The State Labor board won't do anything. All they will do is take your complaint down. My husband worked for a company that has at least 29 complaints against them. For some reason trucking companies don't fear the labor board. We turned the company into the Attorney General's office, the Better Busisness Bureau you name it. Nothing....And we are from Idaho
     
    rnmouse1, Jun 20, 2011
    rnmouse1, Jun 20, 2011
    #7
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.