Withholding money from finale check

Discussion in 'Trucker Legal Advice' started by Lew.K, Oct 26, 2022.

  1. JoeTruck

    JoeTruck Heavy Load Member

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    Did you give them notice?
    Did they tell you which terminal to go to?
    You can file a complaint with the state labor board.
    It's always a good idea to quit while on home time.
     
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  3. Lew.K

    Lew.K Bobtail Member

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    Oct 26, 2022
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    They had me sitting waiting for them to find me a load, I told them on Monday I would be returning their equipment and my life a living hell for me. Their also not paying me for my last 3 loads. I was giving two options on where I can return the equipment.
     
  4. ed4207

    ed4207 Bobtail Member

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    Document everything you can and contact your state department of labor.
    Not sure about your state but I know Montana labor department will help an employee get wages owed.
    Employers cannot just randomly take any money from your wages.
    They have to pay the money owed and then take employee to small claims court.
     
  5. Metalicious

    Metalicious Road Train Member

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    What state do you live in, are you in Arkansas too where the terminal is that you turned in the truck? What I would do, if it were me, is look into filing a wage claim if there is one available through a workforce commission. Here in Texas where I live, TWC would be who I would file the wage claim with. It may be called something else in your state. I would think it is illegal for them to deduct the fuel from your check, if you were an employee and not a contractor. Even if they have some page in a handbook that says you are responsible for fuel when you return their truck, usually deductions have to be for a lawful purpose. Them trying to force you to do what they want and not quit isn't a lawful purpose. Even if they had the page in the handbook, it is unlikely it could be held up being that it would probably be required that you sign that page, in a standalone format rather than signing a page at the end of the handbook saying you received the handbook.

    A quick google search I just made shows Arkansas does handle wage claims. That would be your cheapest option, as it likely costs you nothing the process just may be 30 days or more. It will be the same, if not longer even if you tried to sue in court. Going by what I found on google and clicking a few links it appears their laws in Arkansas are almost identical to Texas when it comes to deductions from employee wages.

    The company cant just claim $850 for fuel and not prove that the actual cost was $850. That is something called unjust enrichment if say the fuel cost was only $400 but they charged you $850. They don't get to profit off anything. I personally would try to speak with an employment law attorney, and see what the cost might be to help you with it. The consultation would be free, possibly, but they may also tell you to just file the wage claim due to the expense of having an attorney reducing your money you receive from the company. As far as them refusing to pay you at all for 3 loads you did, that is wage theft. In respect to that, in Texas its a felony for a company to do that under certain circumstances.
     
    Last edited: Nov 11, 2022
  6. Localtrucker1234

    Localtrucker1234 Bobtail Member

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    Depending on your state contact department of labor
     
  7. silverspur

    silverspur Road Train Member

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    What city and state were you in when you were waiting for them to find you a load?

    Did you drive with an empty trailer to one of the two options before they found you a load?

    What were the two options?
     
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