Withholding my last two paycheck

Discussion in 'Trucker Legal Advice' started by biglarry, Dec 10, 2014.

  1. biglarry

    biglarry Bobtail Member

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    Jun 11, 2010
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    I need some advice, i worked for a guy who has 3 trucks
    most runs were from nj to dallas texas or houston texas and back to nj
    the problem is they want me to leave nj on a monday to delivery in texas by wednesday morning
    most time im leaving nj in the afternoon sometimes in rush hour
    i quit after 3 months because i really dont like playing my logs
    gave this guy my two weeks notice and he begs me to stay
    told him i' would think about it,now he's refuse to pay me my lasy 2 paycheck
    saying he his using it to fix his trailer,because i hit a tree in texas in early october
    can he legally do this.
     
  2. tow614

    tow614 Road Train Member

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    Contact your states labor department and get proper advice
     
  3. biglarry

    biglarry Bobtail Member

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    Jun 11, 2010
    Atlanta
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  4. Mattnatti

    Mattnatti Light Load Member

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    Jul 10, 2014
    Cincinnati, Ohio
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    In Ohio a employer cannot deduct money from your check for damages. They can fire you but they cannot keep the cash. So there is a chance that it may be the same in your state. Good luck.
     
  5. OFTOTR

    OFTOTR Medium Load Member

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    But I bet working on a 1099 changes all that!
     
  6. crzyjarmans

    crzyjarmans Road Train Member

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    No I doesn't, a 1099, just means they don't with hold taxes, if he was a O/O for the company then maybe, most if not all state don't allow a company to withhold any pay a employee is do, unless employee signs a agreement to this,
     
  7. OFTOTR

    OFTOTR Medium Load Member

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    Toccoa GA
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    I'm constantly amazed people are too thick to understand that when you work under a 1099, you are not an employee, but and independent contractor.
    Most protections for employees do not cover you.
    You are not an employee.


    Its not just about 'not withholding taxes'.
     
    ZVar Thanks this.
  8. ZVar

    ZVar Road Train Member

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    Flint, MI
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    Exactly. On a 1099 the worker is seen as any other two business relationships. One's only real recourse is sueing and trying to find a way to collect on the broken contract.

    -Steven
     
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