When suing for unpaid wages what are the recommended steps?

Sounds like some real dirt bags to work for. I hope they don't come after you for the abandonment of the truck, hopefully they are small enough to not report to DAC or anything like that. I still might have taken the chance on the fuel charge back and drove back to the yard, or at least real close and held out for my last payment. Good luck with what ever you decide to do.

Last thought. Maybe instead of just wage recovery you could go to their home state labor board and report them for the under the table/cash/1099 thing. Here is my thought about that, if you were being paid on a 1099 you were an independent contractor, therefore you had all legal right to go out of route with the truck to come by the terminal and get paid. Their refusal to let you go out of route, and their control of the fuel, dispatch, etc makes you an employee, so I am sure the state would be interested in that. Maybe a threat of reporting them, after you have looked into the facts so you know what you are talking about, would get them to pay up so you forget the whole thing happened. Just a thought.

 

Good ideal. Just report them and let the IRS look into the false 1099 thing, Even if it doesn't get you your money the giggles of them dealing with Uncle Sam will help ease the pain

 

Call some labor attorneys and see if you can get a free consultation. I'd make their life miserable in some way.

 

what is the end of the story? Did you get your money back?

 

No

 

Depends where your at.
Just went through this last year with a company in Montana under new owner ship.
Filed a formal complaint with the Depart of Industry and Labor relations in Helena, MT.
Bottom line, it wound up costing him what he owed me plus a penalty for not paying me on time.
Had he paid me on time after taxes and such, it would have cost him $1200.
Because he delayed paying me and I had to get labor involved, after taxes it cost him $1900 with penalties.
The state left the case open until the checks cleared my account.
Had I had any problems, the state would have hit him with another 55% in penalties which would have come straight to me.
Most states are very stern on employers refusing to pay wages earned.
The other alternative is to get a lawyer, but they will take almost half of your settlement and it could drag out for a long time.
My whole case was settled in just under 3 months.