When suing for unpaid wages what are the recommended steps?

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by roaddogz1966, Sep 25, 2016.

  1. brian991219

    brian991219 Road Train Member

    2,952
    5,941
    Aug 10, 2013
    Lords Valley, PA
    0
    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.
     
    roaddogz1966 Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. tucker

    tucker Road Train Member

    12,647
    40,423
    Jun 13, 2008
    IN
    0
    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
     
    roaddogz1966 and brian991219 Thank this.
  4. hightide58

    hightide58 Bobtail Member

    23
    20
    Aug 17, 2016
    NW Florida
    0
    Call some labor attorneys and see if you can get a free consultation. I'd make their life miserable in some way.
     
    roaddogz1966 Thanks this.
  5. Sparrow blade runner

    Sparrow blade runner Bobtail Member

    12
    2
    Mar 12, 2017
    0
    what is the end of the story? Did you get your money back?
     
  6. HighwayDogz

    HighwayDogz Bobtail Member

    23
    0
    Mar 18, 2017
    0
    No
     
  7. reverendhandy

    reverendhandy Medium Load Member

    309
    401
    Jan 24, 2017
    Modesto, CA
    0
    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.
     
    brian991219 Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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