A Big thanks!

[themagicoen]

I would like to thank everyone who chimed in on my "little" situation. Currently I'm back in Minnesota trying to figure out what to do next. The owner has decided to block my emails and phone calls so I can't get a hold of him to find out about my $6200 he owes me. I've talked to a few different owners but haven't found anything that I like nor have I gotten anywhere on buying a truck, so I don't know what to do.... But in the mean time I'll post 5 things that I have learned.

1. Find the company your going to work for before finding an owner! FedexCC would of been a better fit for me being that they do more to Minnesota and I would get home more offen.
2. Get everything in wiriting - and signed!
3. Read the contract between owner/contractor before singing - if you don't like the terms or don't understand, find a lawyer.
4. Make sure you clearly communicate your intentions and how you operate, this goes back to # 2 and # 3. Things like your though process on accpeting loads and deadheading. My owner was ##### cause I turned down a 1200 mile load to Laredo, TX to go home when I was only 250 miles from Home. Home or Tx when I've been out for 4 weeks - thats a hard decision!
5. Keep good records and document everything. I have a set up where I put in the load info and it tells me the mile pay, est. f/s, the 45% adv, and lastly what will be owed to me when that pro clears. Make sure that owner give you your truck settelment so you can get the exact f/s amounts and make sure it matches what the QC said.
Lastly,
IF YOU DON'T GET ALONG WITH YOUR OWNER, IF THEY DON'T APPRECIATE YOU, IF JUST DON'T LIKE THEM OR THEY JUST DON'T LIKE YOU - LEAVE!!!!! After reading my post you would understand why I know have that POV.

Have a good night!

 

[geo]

i would call ooida and maybe join and explain what is what also would go to a law office and talk to them, also are you from the same state
if you are check with the labor board and see if there is anything you could do, also small claims court, or maybe could file a lean on him but check with a law office to see what else you may be able to do

 

[Jack_Berry]

you might need to contact his state labor relations board for leverage. definately contact a lawyer to call him and explain that withholding wages for services performed is against the usa labor laws. hey maybe contact the national labor relations board.

good luck. keep us informed.

Jack Berry

 

[ATeam]

We once had a dispute with a fleet owner. Finding him to be uncooperative, we began researching our options. I was pleasantly surprised by the attention OOIDA was willing to give me when I did nothing more than walk through the door to ask about my options. Their office is near the I-70 truck stop in Kansas and we were in the neighborhood.

When our fleet owner realized that he had a losing case and determined opponent, he caved in and gave us everything he owed us. That happened shortly after I met with an OOIDA representative so we troubled OOIDA no further.

When someone advises you to "...check with OOIDA," it may sound like something easy to say, like "...check with an attorney." But with OOIDA, he or she is giving excellent advice. For one thing, you don't have to pay them to talk to you. For another, they know what they are talking about.

If you are not yet a member, join now. Once you have a member number, call them for help. I don't know if they can help you or not in your situation, but they can absolutely educate you about the legal arena you are playing in and they may give you some ideas you have not yet thought of.

If your fleet owner is an OOIDA member and you are too, you may gain some leverage right there since OOIDA exists partly to help truckers like yourself and your owner may want to protect his reputation with that organization.

 

[greg334]

>you might need to contact his state labor relations board
>for leverage. definately contact a lawyer to call him and
>explain that withholding wages for services performed is
>against the usa labor laws. hey maybe contact the national
>labor relations board.

Jack,

I don't think LRB can do anything about a situation like this, they tend to stay out of issues to do with contractors unless there are hundreds involved. Being a 1099 leaves options but....

 

[Moot]

OOIDA office is in Missouri, just east of K.C. on the south side of I-70 about mm 22 or 24. The building can be seen from the big road.

 

[Tennesseahawk]

Something struck me from the original post. You were 250 from home, and your owner was pizzed you turned down Laredo. Well... how did the owner find out about Laredo? Was it your co-driver who told him? Or was he MICROMANAGING you? If that's the case, fight for SSI, unemployment, and any other bennies an employee gets, as well as the money owed you. The owner can tell you about how he wants the truck run, but in the end it's you who is in the driver's seat.

 

[teacel]

$62hundred is not chump change.

I really don't know what you can do to collect, but I would do whatever to get my money.

May want to call your local magistrate and ask them a question or 2.

Like others suggested in their replies at least you have some avenues for finding out what to do.
Good Luck

 

[Jack_Berry]

1099 contract employee

didn't know that.

thanks greg


Jack Berry

 

[Tennesseahawk]

RE: 1099 contract employee

Magic... this is worth going to small claims court over. $6200 is a good chunk of change. But how did it get that far without you being paid? The first check where an owner said "I'll hook you up next week" or "I'm a little short right now" would've parked my butt at home till I got ALL that was owed to me. Been there before, heard the excuses, and I don't tolerate it anymore. My philosophy is the driver should be paid when the owner is paid... period!

 

[davekc]

RE: 1099 contract employee

I would agree with many of the others, I would start with OOIDA. The can give you your options for the particular state you and the owner are in.
Good luck, and let us know how it goes.







Davekc
owner
21 years
PantherII
EO moderator