After all this...still determined

libra112

Active Expediter
Owner/Operator
So here's the latest: During the month of November of 2013 I received a call from a guy. At the time I was driving for a different company but I was having issues with the way they was treating me so basically after several phone calls I decided that he would probably be the best fit for me.

At first he offered me a pay of 60/40 with me paying for the gas or .25 a mile and he paid for the gas. After a few more days he asked me how I felt about a 50/50 split...this included the pay, gas, insurance, payment of van. He spoke of how he wanted me to eventually run his company and this way I could learn all the ends & outs of the business. Because this is my goal to run my own company someday I figured why not but not before asking him if he was me what would he do if the question was asked of him? I asked this question because I wasn't so sure if this was really good for me.

He beat around the bush in answering the question and threw some numbers at me. Me thinking that it sounded well accepted...not thinking about how in reality he was really getting over on me in a big way. I just wanted to learn the ends and outs of the business of expediting.

A few days later He showed up at my apartment and had me sign a contract that I could barely make sense of. There were things on it that didn't pertain to me and he would just say "don't worry about that part". I finally got my first run on Dec 6th of 2013. By Dec 23rd of 2013, I got my first pay of $513 by this time I had driven almost 6000 miles.

I asked him about this. He basically told me that I got paid when the brokers paid him. I told him that this wasn't working for me but he convinces me to hang in there and I did. Of course, after paying bills and trying to contribute to the gas that $500 went quickly. The next time I got paid was on Jan 30th 2014 I received a payment of $1003 and then on Jan 13th of 2014 I got a pay of $409 by this time I've put in over 10,000 miles. By this time I've decided that I can't do this anymore because the pay isn't consistent and I'm feeling as though I'm being used.

On Jan 17th, while on a run I had an accident in Wisconsin. I hit a patch of ice (it had snowed the night before) and lost control of the van. I hit a semi-truck and eventually went into a median ditch. I called the police and then him. He asked was I ok and at the time I felt fine and I told him so. His concern was more or less about the condition of the freight and getting it delivered. After dealing with the police I was dropped off at a nearby truck stop and waited on the tow truck which eventually came about an hour or so later. During all this time I waited on another driver employed by this guy whom I was told he was 40 miles away from me.

The guy from the tow service had a conversation with him about the van and told him it looked as though it may be drivable still, provided there was a tire and rim change which he authorized him to do. He then wanted the freight transferred to the van that the co-worker was driving and then drive the van that I drove be taken to a Chevrolet dealership that was nearby. Because my co-worker couldn't of course drive two vehicles I was asked if I felt ok to drive.

Because I was still a little shaken from the accident I didn't feel comfortable driving but my co-worker assured me I could do it so I with hesitation agreed. By this time I am in a pain but I'm managing. A little over 5hrs my co-worker and I are finally off to deliver this load off to its destination in Minnesota which we got there around 11:30pm. My co-worker and I found a truck stop and slept in the drivers lounge that night...very uncomfortable. It snowed a lot that night and was very cold...very. I went to the emergency room the next morning and was giving pain medications.

Afterwards I called the owner who put us up in a hotel for the next two nights. Which we were both grateful for as again it was snowing and cold but the problem was that he put us in the room together. The day before was the first that I had ever had any dealings with my co-worker and prayed that he wasn't just some crazy person who had kept it together up until us getting in the room. I would have gladly paid for my own room but remember, my boss wasn’t paying. Anyways, after the 2 nights in the hotel we left and went back to the truck stop.

When we woke the next day my co-worker got a run towards Chicago. But let me add that since we was going back through Wisconsin, the owner called and asked me if I felt ok driving the van back to Georgia as he had been told it checked out to be ok and he knew I wanted to get home. Because it was starting to snow again and the roads were icy I again hesitated but I wanted to get home so I said yes. When my co-worker and I got to the dealership we were told by a guy named “Jeff” (whom I had given the keys to prior) that he had no idea what we were talking about. That he hadn’t talked to my boss and that he didn’t recommend I drive that van to Georgia.

My boss was called by my co-worker and when I spoke to the owner an argument took place. I felt as though he was just trying to figure out a way to get that van back to Georgia and had no concern for my safety. So my co-worker and I continued on towards Chicago where yes we ended up staying overnight in another truck stop. When we awoke it was plastered on the news how in some places around Chicago they had gotten anywhere from 5-10in of snow.

My co-worker and I both complained about how if we had been getting paid how he could just deadhead us out of there and head back to Ga. However, my co-worker did get a load going to North Carolina and called the owner to tell him that he was headed to Georgia after he dropped the load. I don't know how much gas was put unto my co-worker card for gas but I do know that I gave him $50 that I borrowed the night before in hopes of getting us home which I finally got to my home on Jan 29th of 2014. Which by the way was supposed to be the day that the owner told me that I would be paid.

He told I would be paid on the 15th of January before that but never did. He had told me that I hadn't gotten paid because one particular broker hadn't paid him. However, I have recordings of the owner stating that they had paid and therefore I would be getting paid on the 15th of January and then when that date passed by he changed it to the 29th of January. I also have recordings from the broker saying they had indeed paid him and I should have been paid.

Now, the owner is trying come up with a way to keep my pay. One of those ways is by saying I abandoned his van. We...my co-worker and I was told to leave the van at the dealership. When asked about him taking out the payment for the van and insurance he said he wasn't worried about that. I apologize for this lengthy email but can he do this? All I want to do is be a driver & instead getting crooked people trying to take advantage of a newbie...smh
 

runrunner

Veteran Expediter
Do you have a copy of the contract that you signed? I suppose you can take him to small claims court,but the outcome is going to depend on what was in the contract you signed.
Good luck,I hope things work out for you.
 

libra112

Active Expediter
Owner/Operator
Yes... I signed it at my apartment so I had to wait for him to send me a copy which I just got a week ago & there's seems to be some added pages in it. I know I may be stuck between a rock & a
hard place. But thanks for the input
 

zorry

Veteran Expediter
At least you learned how not to handle future contracts.

Do not sign anything you do not understand.

Initial and number each page.

Good Luck
 

cheri1122

Veteran Expediter
Driver
Libra: you've had quite an intro to expediting, and also to how "he said/she said" is a very bad way to resolve disputes. Because all that matters is what's in writing, and you're not even sure about that. The guy who wanted you to go to work said "Don't worry about it" and you didn't.
When you didn't feel capable of driving, a stranger says you can do it, so you do. When the man arranges for you and a total stranger to share a motel room, you accept it.
Brutal truth: you are your own worst enemy, and if you don't grow a spine, and the determination to learn what you NEED to know, you will continue to be prey to any and every unscrupulous owner out there - and there's a few. I am NOT saying the one you drove for is, because it sounds as if he tried to do right when you had an accident, driving his van. Some owners would have left you high & dry to find your own accommodation & way home. The accident was your fault, yes?
If you wish to continue driving, and not be a risk to yourself & others, [and someone will give you a chance!], you have to be better than you were. As RR & Zorry said, make sure you know what the contract says before you sign, and DON'T accept "don't worry about that" - if it goes in front of a judge, for any reason, what it says is what matters. Know what your responsible for, and live up to it: if the road or your own condition is not fit for driving, say no, and mean it. You are responsible for the vehicle [and the freight, when loaded] Don't think you can say "I didn't want to, but" and get out of it, cause it doesn't work that way. If that owner sues you for the repairs to his van, and penalties [if any] for damaged freight and/or late deliveries, you're screwed, because he will win.
If you can't do it better than you did, you should not even try again, because what you don't know can hurt you. And me, if it's me you slide into on the road next time.
Sorry to be harsh, but I think you need to hear it, and give more thought to doing it the right way, when you learn what that is. You already learned what it's not.
 

libra112

Active Expediter
Owner/Operator
Cheri1122 thanks for your response but feel there's a need to respond here. The only thing that I am guilty of here is not completely understanding that contract & trusting this guy. As for the hotel situation, he only paid for the room because he promised me he was "rewarding" me by shutting me down because the day before I completed a run over 2000 miles & he felt I need the rest. The run I was on was 1700 miles. Then the day of the accident he did a flip because now he has two drivers out there instead of one that needs a room. I spoke on this & his response was he couldn't afford two rooms. As I stated before I would have paid for my own room but he hadn't paid me or the other guy so we basically were out there screwed. Unlike truck drivers we have to get warm the best way we can. So it was either sleep in a van with no heat, where the temps was -15 that night or pray to GOD that I would be ok...I prayed to GOD. The accident was my fault but only because I hit a patch of ice & not neglectful of the road. I am a good driver & has never had an accident... It's not that I don't have a spine as you say. I was trying to be optimistic & save for my own vehicle. In any type of business most have to start at the bottom & I was ok with that but not being cheated out of my money & that's why I said I wasn't running for him anymore. Sorry if you didn't understand that part. I don't think this is gonna go to court because as I said before I have several recordings of this guy. From him giving me a date of when he would pay me & didn't to him telling us to take the van to the dealership & leaving it there & he would pick it up when it was done. I can understand the cost of his plane ticket to go & get the van but it didn't cost **** near $3000 to do that. I just want to be done with the whole thing. Am I gonna stop driving...no. Am I gonna get past this...yes. I still have to believe that there are still some good people out here not trying to take advantage of others even if just a few.
 
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cheri1122

Veteran Expediter
Driver
Ok, Libra, you're a nice guy, and you just want to make enough money to buy your own van - then listen to me. There absolutely are good people out here who won't take advantage of you, but you need to know how to figure that out before they get your signature on a contract you don't understand. And that right there is a clue: a reputable owner will make sure you understand what you're signing - if he says "Don't worry about that", then you should worry about that! A good fleet owner is responsible for the maintenance & repair [though negligence is not something they should pay for], and most will put you in a room if the vehicle is down for repair overnight. [If he couldn't afford 2 rooms, he isn't very well prepared for his job, either.]
One fleet owner and two drivers, and between the three of you, only one room was doable? Smh.
You really need to learn what your job is, and what the owner's job is, and then you can at least spot the good ones.
Good luck, I think you will need it.

PS Just out of curiosity, where would you normally sleep in a van with no heat when it's 15 degrees?

PPS Unlike some truck drivers, I drove a cargo van too - I know how it goes.
 

Dynamite 1

Moderator
Staff member
Fleet Owner
She is right, there are good fleet owners out there. She knows where one is but they don't run vans !!!!! !!!!!! !!!!!! !!!!
 

Lawrence

Founder
Staff member
The only thing that I am guilty of here is not completely understanding that contract & trusting this guy.

The first item- as you have learned, can be avoided. The second? Remember this is a business and we can't repeat it enough - get it in writing.
 

libra112

Active Expediter
Owner/Operator
Hey Cheri1122, Sorry it took so long to get back to you but to answer your question...The only time that I slept in the van while cold was when I was in Hudson Falls NY. I woke up to a temp of -1...wasn't nice at all I tell you because here in Ga it gets cold but I never experience that type of coldness. But I did have a lot of clothing on & a lot of blankets. There was a "gas buddy" heater but after a couple of hours it would shut off automatically. Other than that the Wisconsin/Minnesota was the only places where it was the coldest for me. I went to other places that was cold but we're talking temps above 15. I know the cold came with the territory but I should have been able to make the decision of staying in a room or not.
 
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xmudman

Veteran Expediter
Owner/Operator
Libra, may I ask if you had opened a window when using the Buddy heater? About an inch will do. This is because propane heaters use oxygen, and Buddy heaters will automatically shut off when they reach a certain threshold of oxygen consumed. Keeps the heater from using too much oxygen and suffocating the owner :eek:
 

xiggi

Veteran Expediter
Owner/Operator
You can stay in a room whenever you choose to pay for one no one can tell you no.

Sent from my SAMSUNG-SGH-I717 using EO Forums mobile app
 

libra112

Active Expediter
Owner/Operator
I think you missed the part about not being paid & that being the reason why I couldn't make a decision about paying for a room....
 
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